The terms and conditions set out below explain the agreement and expectations smallCon, its directors, affiliates, and volunteers, have of its vendors and all third parties/dealers that will conduct business on site as exhibitors at a booth/table during the convention.
A “vendor” is categorized as a person or company selling products or services.
An “exhibitor” is a person or group who is demonstrating a project or item that is not for sale (at the convention or outside of the convention) and is for educational purposes only.
The term “booths” will refer to all space purchased by artists, vendors, and dealers to promote and conduct their retail business.
The following items are prohibited: the sale of food and/or beverages; additional tables or chairs than those provided by smallCon; switching or rearranging tables from the original placement by smallCon; and the sale, distribution, solicitation, and promotion of any items or services not reviewed by smallCon and given prior consent.
The display or sale of illegally manufactured or copied merchandise (“bootlegs”) is NOT allowed. Only properly licensed, commercially produced materials or original works may be on display, sold or purchased. Certificates of authenticity must be presented if asked by smallCon.
Booth placements are NOT GUARANTEED, and will be made at the discretion of convention organizers ONLY. Booth assignments are subject to change at any time and can be communicated on the convention floor by smallCon.
Only smallCon has the authority to transfer or trade table space with any other entity. Any trades or transfers may be requested to smallCon in writing and must be received by August 11, 2017. Additional fees may apply.
If booth spaces will be split, please contact us at firstname.lastname@example.org no later than August 11, 2017.
Cancellation requests must be made in writing and sent via email to email@example.com.
For cancellations prior to close of business June 11, 2017, smallCon will refund the total due, minus any applicable third party payment processing fees and taxes.
For cancellation requests from June 12, 2017 through close of business August 11, 2017, smallCon will refund 50% of the total due, minus any applicable third party payment processing fees and taxes.
Cancellation requests received after close of business August 11, 2017 will receive no refunds.
ASSUMPTION OF RISKS
Exhibitors or vendors expressly assume all risks associated with, resulting from or arising in connection with their participation or presence at smallCon and the Addison Conference Centre, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, business or profits of artist/vendor/dealer, whether caused by negligence, intentional act, accident, act of God or otherwise.
smallCon may provide security, which may include, but not limited to Addison or Dallas Police Officers and our own security personnel. Security will be stationed inside the convention center and surrounding areas once the convention is open to artists, dealers, and vendors. Although security is offered smallCon asks that any cash and/or valuables be taken at the end of the day. All parties are responsible for their own property.
smallCon asks that all artists, dealers and vendors take extra care in placement of merchandise and cash boxes.
Move-in or Load-in
If you have any questions regarding shipping early or help moving in you may email firstname.lastname@example.org
Electricity is available for your table/booth at an additional charge if you’ve already submitted and your application has been processed as no-power. For information regarding price and how to purchase, please contact email@example.com
All self-built displays or additions for tables/booths must be must be pre-approved by smallCon. All structures (racks, back tops, etc.) that create enclosed walls are NOT permitted on or around the tables.
Weapons refer to edged, sharp, or training swords, knives and any items commonly considered to be weapons by Texas State Law. All sharpened edges must be sheathed and peace tied at all times. Dealers who sell these items are encouraged to provide a sealed box for attendees and should notify the attendee that the weapon may be carried in the convention center (boxed, bagged, and/or piece bonded) as long as they are at least 18 years of age.
Drawing of weaponry, horseplay, or careless handling of weapons in public areas is not allowed and may result in expulsion from the convention.
smallCon does NOT allow the selling of guns or ammunition of any kind.
Dealers selling items that may be categorized as a weapon must inform the attendee that they must visit the registration check table for weapon information.
Dealers selling weapons must conform to all local, state and federal regulations. Sales of weapons may be made only after verification of age using a government-issued identification card showing the purchaser is eighteen (18) years or older. Any participant caught purchasing a weapon for a minor will be removed from the convention and proper authorities will be notified.
The use of devices for mechanical reproduction of sound or music is permitted, but must be controlled. Sound of any kind must not be projected outside of individual booths. Exhibitors are specifically prohibited from employing any carnival-type attraction, animal or human, or from operating such noise-creating devices as bells, horns or megaphones. smallCon reserves the right to determine sound interference with others and Exhibitor shall comply with any request by smallCon to discontinue any such sound or music.
Use of aisles and common areas, distribution of samples and printed matter of any kind, and any promotional material is restricted to the exhibit booth. All exhibits shall display products or services in a tasteful manner as determined in smallCon’s sole discretion. The aisles, passageways and overhead spaces remain strictly under control of smallCon and no signs, decorations, banners, advertising material or special exhibits will be permitted in any of these spaces except by written permission of smallCon. Uniformed attendants, models and other employees must remain within the booths occupied by their employers. Any and all advertising distribution must be made from Exhibitor only from within his or her booth. Equipment must be arranged so that show visitors do not stand in the aisle while examining equipment or watching demonstrations. Strolling entertainment or moving advertisements outside of an Exhibitor’s exhibit space is prohibited.
Exhibit space, occupancy hours, and dates for installing, occupying and dismantling exhibits shall be those expressly specified by smallCon. If Exhibitor fails to install its display in its assigned space by one hour before doors opens or leaves its space unattended during the Exhibit hours, smallCon shall have the right to take possession of the space and NO REFUND will be due to Exhibitor. All exhibits must be open for business during convention hours. Exhibitor may not dismantle the display until the convention is officially closed by smallCon. Exhibitors may not assign their display space to third parties without prior written approval from smallCon.
ADDITIONAL TERMS AND CONDITIONS
If Exhibitor fails to make a payment required by this contract in a timely manner, SMALLCON may terminate this contract immediately (and Exhibitor’s participation in the convention) without further notice and without obligation to refund monies previously paid. SMALLCON reserves the right at its discretion to refuse Exhibitor permission to move in and set up an exhibit if Exhibitor is in arrears of any payment due to SMALLCON. SMALLCON is expressly authorized (but has no obligation, expressed or implied) to occupy or dispose of any space vacated or made available by reason of action taken under this paragraph in such manner as it may deem best, and without releasing Exhibitor from any liability hereunder. SMALLCON may also terminate this contract effective upon written notice of termination if Exhibitor breaches any of its obligations under the contract without any obligations, expressed or implied, on SMALLCON’s part to refund any payments previously made and without releasing Exhibitor from any liability arising as a result of or in connection with such breach. If SMALLCON removes or restricts an exhibit which SMALLCON considers to be objectionable or inappropriate, no refund will be due Exhibitor.
Exhibitor shall on a current basis, indemnify, defend (with legal counsel satisfactory to SMALLCON in its sole discretion) and hold smallCon and Addison Conference Centre harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees and expenses, which result from or arise out of or in connection with (a) Exhibitors’ participation or presence at the Event; (b) any breach by Exhibitor of any agreements, covenants, promises or other obligations under this contract; (c) any matter for which Exhibitor is otherwise responsible under the terms of this contract; (d) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (e) any libel, slander, defamation or similar claims resulting from the actions of Exhibitor; (f) harm or injury (including death) to Exhibitor; and (g) loss or damage to property or the business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise. Exhibitor shall not settle or compromise any claims against SMALLCON without SMALLCON’s prior written consent.
UNDER NO CIRCUMSTANCES SHALL SMALLCON OR ADDISON CONFERENCE CENTRE BE LIABLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY OF THE ACTS OR OMISSIONS WHETHER OR NOT APPRISED OF THE POSSIBILITY OF ANY SUCH LOST PROFITS OR DAMAGES. IN NO EVENT SHALL SMALLCON’S MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID TO SMALLCON BY EXHIBITOR FOR EXHIBIT SPACE RENTAL PURSUANT TO THIS CONTRACT. SMALLCON makes no representations or warranties, express or implied, regarding the number of persons who will attend the convention or regarding any other matters.
If SMALLCON cancels the convention due to circumstances beyond the reasonable control of SMALLCON (such as acts of God, acts of war, governmental emergency, labor strike or unavailability of Addison Conference Centre) SMALLCON shall refund to each Exhibitor its exhibit space rental payment previously paid, minus a share of costs and expenses incurred, in full satisfaction of SMALLCON’s liabilities to Exhibitor. SMALLCON reserves the right to cancel, re-name or re-locate the convention or change the dates on which it is held. If SMALLCON changes the name of the convention, relocates the convention to another event facility within the same city or changes the dates for the convention to dates that are not more than thirty (30) days earlier or thirty (30) days later than the dates on which the convention originally was scheduled to be held, no refund will be due to Exhibitor; provided however, SMALLCON shall assign use of such space to Exhibitor pursuant to the terms of this contract. If SMALLCON elects to cancel the convention other than for reasons previously described in this paragraph, SMALLCON shall refund to each Exhibitor its entire exhibit space rental payment previously paid, in full satisfaction of any and all liabilities on the part of SMALLCON to Exhibitor.
By Exhibitor’s participation in the convention, Exhibitor expressly grants to SMALLCON a fully paid, perpetual non-exclusive license to use, display and reproduce the name, trade names and product names of Exhibitor in any directory (print, electronic or other media) listing the exhibiting companies at the convention and to use such names in SMALLCON promotional materials. SMALLCON shall not be liable for any errors in any listing or descriptions or for omitting any Exhibitor from the directory or other lists or materials. Exhibitor agrees that SMALLCON may also take photographs or Exhibitor’s booth space, exhibit and personnel during, before or after the open hours of the convention and use such photographs for any SMALLCON promotional purpose.
Exhibitor shall promptly pay for any and all damages to Addison Conference Centre or associated facilities, booth equipment or the property of others caused by Exhibitor.
Exhibitor shall abide by and observe all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of Addison Conference Centre (including without limitation any union labor work rules). Without limiting the generality of the foregoing, Exhibitor shall construct its exhibits to comply with the Americans with Disabilities Act.
SMALLCON has sole control over attendance policies. Except as provided to the contrary in this contract; all monies paid by Exhibitor shall be deemed fully earned and non-refundable at the time of payment. Exhibitor shall conduct itself at all times in accordance with normal standards of decorum and good taste. In addition to its right to close an exhibit and withdraw acceptance of the contract, SMALLCON in its sole judgment may refuse to consider for participation in future events held by SMALLCON an Exhibitor who violates or fails to abide by the contract and any of the accompanying rules and regulations. Any amendment or modification to this contract must be in writing and signed by an authorized representative of SMALLCON. Exhibitor may not assign this contract or any right hereunder nor may Exhibitor sublet or license all or any portion of its exhibit space without the prior written consent of SMALLCON, which consent shall be in SMALLCON’s sole discretion.
Any and all matters pertaining to the convention and not specifically covered by the terms and conditions of this contract shall be subject to determination by SMALLCON in its sole discretion. SMALLCON may adopt rules or regulations from time to time governing such matters and may amend or revoke them at any time, upon reasonable notice to Exhibitor. Any such rules and regulations are an integral part of this contract and are incorporated herein by reference and shall have the full force and effect as if such rules and regulations are fully set forth herein. Exhibitor shall observe and abide by additional regulations made by SMALLCON as soon as these additional rules or regulations are communicated to Exhibitor. This contract (including any additional rules or regulations adopted by SMALLCON from time to time) states the entire agreement of the parties with respect to the subject matter hereof.
This contract is governed by the laws of the state of Texas as applied to contracts entered into and entirely performed within such state. Exhibitor agrees that the courts located in the state of Texas shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this contract or the breach of any provision of this contract. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in Addison, Texas.
In the event Exhibitor is indebted to SMALLCON, whether or not such indebtedness arises from this or any other agreement, SMALLCON shall have the right in its discretion, to apply any refunds of exhibit booth fees properly due Exhibitor to such other indebtedness in the event legal action is filed by SMALLCON to enforce the terms and provisions of the agreement, the prevailing party in such action shall be entitled to reimbursement of court costs and reasonable legal fees