FOOD TRUCK OWNER EXPO – 2024 EXHIBITOR
RULES & REGULATIONS
These Rules and Regulations are integrated into the Exhibit Space Rental Agreement for the Food Truck Owner Expo (“Expo”), owned by ConvExx, hereinafter referred to as “FTO”. FTO reserves the right to render all interpretations and decisions, and to establish further regulations as may be deemed necessary to the general success of the Expo. FTO decisions and interpretations shall be accepted as final in all cases. Each exhibitor, for itself, its employees, and its contractors, agrees to abide by these regulations and by any amendments or additions hereafter made by FTO.
1. Exhibit Space Rental Agreement: Applicants for exhibit space are required to complete and submit the Exhibit Space Rental Agreement and submit complete payment for the space as contracted therein.
2. Exhibit Space Assignment: Assignment of exhibit space is at the sole discretion of FTO. FTO will provide exhibit space as indicated on the official floor plan, insofar as possible, but reserves the right to make any changes necessary in the best interests of the Expo.
3. Cancellations: Exhibitor is responsible for any fees associated with withdrawal from FTO or exhibit space cancellation. Effective following receipt of Exhibitor’s application for exhibit space, through March 1, 2024, FTO shall retain 50% of the booth fee of each space canceled, as liquidated damages. Effective March 2, 2024, FTO shall retain 100% of the booth fee of each space canceled, as liquidated damages. No refunds are given after December 31, 2023, for any reason whatsoever, even if the Expo is sold out. Space will revert back to FTO for any outstanding balances. Any deviations from this provision, including but not limited to acceptance by FTO of any late payments, shall not be construed as a waiver of FTO’s rights to cancel exhibitor’s contract for such non-compliance.
4. Subletting Space: Exhibitor may not assign, sublet or apportion their space in whole or part, nor may exhibit any products or services other than those manufactured or sold in the normal course of its business, nor permit any agent of any other firm to solicit business or take orders within their space.
5. Exhibitor Conduct: Exhibitor representatives shall comply with all applicable Expo rules concerning their conduct, including (i) all must confine their activities to their exhibit space and may not engage in solicitation or promotional activities outside their booths; (ii) Exhibitor may not post or exhibit any signs or cards of any kind on or in any area of the Expo facility, unless approved in advance by FTO.
- Attire. All Exhibitor Representatives must wear appropriate apparel at all times.
- Suitcasing/Outboarding. FTO considers “suitcasing” and/or “outboarding” to be unethical business conduct and strictly prohibits both practices at the Expo. “Suitcasing” refers to the parasitic business practice of companies or persons who gain access come to the Expo as attendees but “work the aisles” from their suitcase (briefcase), soliciting business from other attendees and exhibitors. “Outboarding” refers to non-exhibiting companies who set up exhibits or events at off-site locations during the period of the Expo.
- Booth Noise.Music or noise emitting from the exhibit space cannot exceed 75 decibels or be at volume that in the sole judgment of Expo.
6. Dates & Hours:
Sunday, July 28, 2024 8am – 6pm, Move-In
Monday, July 29, 2024 8am – 12pm, Move-In
Monday, July 29, 2024 12pm – 5pm, Expo
Tuesday, July 30, 2024 12pm – 5pm, Expo
Tuesday, July 30, 2024 5pm – 10pm, Move-Out
7. Exhibitor Badges: Exhibitor receives up to five Expo badges for each paid 10×10 booth it has on the Expo floor up to a maximum of 10. Badges may be used by exhibitor’s employees only.
8. Damage to Property. Exhibitor shall pay the actual cost to replace, repair and/or restore, at FTOs discretion, any part of the Expo facility (e.g., floors, walls or columns), ordinary wear and tear excepted, or other exhibitors’ property, that is damaged or destroyed by Exhibitor.
9. Cancellation of Expo. In the event that the Expo facility becomes unavailable, in the sole discretion of FTO, or in the event the holding or continuation of the Expo or the performance by FTO are interfered with by virtue of any cause or causes not reasonably within the control of FTO, this Agreement may be terminated by FTO. FTO shall not be responsible for delays, damage, loss, increased costs or other unfavorable conditions arising by virtue of cause or causes not reasonably within the control of FTO. If FTO terminates this Agreement and/or the Expo (or any part thereof), then FTO may retain such part of Exhibitor’s fee and/or other payments as shall be required to recompense it for expenses incurred up to the time such contingency shall have occurred, and there shall be no further liability on the part of either party. In the event of such termination, Exhibitor expressly waives any and all recourse or claims for loss or damages against FTO. For purposes hereof, the phrase “cause or causes not reasonably with the control of FTO” shall include, but not be limited to: acts of God; fire; casualty; flood; epidemic; earthquake; explosion or accident; inclement weather; war (declared or not); terrorism (domestic or foreign) governmental restraints; restraints or orders of civil defense or military authorities; act of public enemy; riot or civil disturbance; strike, lockout, boycott or other labor disturbance; venue cancellation or operations of the venue; failure of FTO contract negotiations; federal, state or local laws, ordinances, rules, orders, decrees or regulations whether legislative, executive or judicial, and whether constitutional or unconstitutional.
10. Indemnity: Limitation of Liability. Exhibitor agrees to defend, indemnify and hold harmless FTO, the Humble Civic Center, and each of their affiliates and respective directors, officers, employees, agents, contractors, authorized representatives, successors and assigns, from and against all claims, losses, suits, damages, judgments, expenses, costs and charges of every kind (including, without limitation, reasonable attorney’s fees and costs) which may be made or instituted against them arising out of or resulting from, in whole or in part, Exhibitor’s execution of this Agreement, its occupancy of the exhibit space or its presence at the Expo, by reason of bodily or personal injuries, death, property damage or any other cause sustained by any persons or others. Exhibitor’s defense, indemnity and hold harmless obligations shall extend to any and all claims, losses, suits, damages, judgments, expenses, costs and charges of every kind (including, without limitation, reasonable attorney’s fees and costs) including, without limitation, those associated with, in whole or in part (i) Exhibitor’s alleged or actual intentional or negligent acts or omissions, and (ii) Exhibitor’s actual or alleged violation of third party rights (including, but not limited to, infringement of intellectual property rights or other proprietary or business rights). FTO shall not be responsible for, and Exhibitor releases FTO from liability for, any damage, loss, harm or injury to Exhibitor or Exhibitor’s display or property, whether resulting from fire, storms, acts of God, heating, ventilation or air conditioning failure, theft, lost, delayed or rejected shipments either coming in or going out of the Expo, or other causes of any kind. All persons allowed in Exhibitor’s booth and property brought to the Expo by Exhibitor is done so at Exhibitor’s own risk.
11. Insurance. Exhibitor understands and agrees that FTO and the Humble Civic Center, do not and will not maintain insurance covering Exhibitor. Exhibitor is strongly advised to verify that its insurance includes extraterritorial coverage, and that it has its own theft, public liability, and property damage insurance. The following is the minimum suggested insurance coverage Exhibitor should obtain and have in effect for the Expo: (i) Commercial General Liability insurance against claims for bodily injury (including death), personal injury, property damage, as well as contractual, advertising and products/completed operations liability occurring in or upon or resulting from the Expo, with combined single limits of liability of at least $500,000 per occurrence, with ConvExx, FTO, and the Humble Civic Center added as Additional Insured on a primary non-contributory basis; and (ii) Workers Compensation and Employers Liability insurance as required by the laws of as. Insurers writing such policies should be licensed in the state of Texas. Exhibitor hereby waives and releases any rights of subrogation it or its insurers may have against FTO, ConvExx or the Humble Civic Center.
12. Non-Waiver. The failure on the part of either party to insist upon a strict performance by the other party of any of the terms, covenants and conditions herein contained shall not be deemed to be a waiver by them of any breach of any term, covenant or condition herein contained. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this contract nor shall it be considered a waiver of any other terms, covenants and/or conditions.
13. Applicable Law: Forum Selection Clause. This Agreement is deemed to be entered into in the State of Nevada and governed by the laws of the State of Nevada without regard to any conflicts or choice of law principles thereof. Exhibitor consents to the exclusive jurisdiction of the courts of the State of Nevada for the resolution of any and all disputes and claims arising out of this License. FTO, however, shall not be obligated to enforce its rights in the State of Nevada, and instead, may enforce its rights in any other proper jurisdiction. Exhibitor waives any claims as to lack of personal or subject matter jurisdiction and agrees that it is subject to the jurisdiction of the State of Nevada or any other jurisdiction chosen by FTO to enforce its rights hereunder.
14. Changes to Dates, Venue and Booth Space. FTO shall, at its sole discretion, be entitled to change the dates and/or the venue for the Expo upon written notice to the Exhibitor. FTO shall not be liable for any costs, damages, fees or expenses of Exhibitor as a result of such changes in the Expo schedule or location. FTO reserves the right to relocate Exhibitor to any space within the Exhibition facility at any time. FTO shall be entitled to retain any portion or Exhibitor’s fee paid to date and said amount shall be applied to the Expo as though no change in dates or venue had occurred. Any remaining payments from Exhibitor shall be due in accordance with the agreed upon Payment Schedule terms for the Expo. In the event Exhibitor should cancel participation, due to a change in date, venue, or space assignment by FTO, Exhibitor would be subject to liquidated damages as set forth in the Agreement.