1. USE OF SPACE
a. LIABILITY - The Exhibitor is entirely responsible for the space leased by him/her and shall not injure, mar or deface the premises. The Exhibitor shall not drive, nor permit to be driven, any nails, hooks, tacks or screws in or on any building and adjacent areas, including outside surfaces. Furthermore, Exhibitor shall not affix to the walls, posts, poles, columns or windows of the building any advertisement, signs, etc. or use any adhesive-type materials on painted surfaces. The Exhibitor agrees to reimburse the facility, and/or decorator, for any loss or damage to the premises or equipment occurring in the space leased to the Exhibitor. Show Management and their sponsors shall not be liable for failure to perform their obligations under this contract as a result of strikes, riots, acts of God or any other causes beyond their control.
b. AISLE SPACE - The aisles, passageways and overhead spaces remain strictly under the control of the Management. No signs, decorations, banners, advertising matter or special exhibits will be permitted in aisles except by special written permission of the Management. All exhibits and personnel must remain within the confines of their own space and no Exhibitor will be permitted to erect signs or display products in such a manner as to obstruct the view, occasion injury or disadvantageously affect the display of other Exhibitors. No interference with the light or space of another Exhibitor is permitted.
c. EXHIBIT SPACE - This contract granted herein, cannot be assigned, sublet or otherwise disposed of without written consent of the Management. SUB-LEASING IS STRICTLY PROHIBITED. If exhibit space is not open and ready for business by 10 a.m. the day the Show opens, this Contract shall be null and void; all monies paid shall be forfeited, any rental balance owing to Management shall be paid upon demand, and the space will be available for sale to another Party.
d. EXHIBIT CONTENT AND MANNER OF USE - All personnel, merchandise and equipment must remain inside the assigned space. SOLICITING IN OTHER AREAS OUTSIDE OF YOUR SPACE IS STRICTLY PROHIBITED. No PA system, loud speaker, amplifier, broadcasting device, music or other objectionable method shall be used by the Exhibitor or his/her employees if it interferes with other Exhibitors or the Management, its employees or patrons. Violators are subject to contract cancellation, forfeiture of space rental fees, immediate removal from the grounds and will not be offered a contract the fol lowing year.
e. RESTRICTIONS - All products/services in the space occupied by the Exhibitor shall be listed. ONLY PRODUCTS/SERVICES LISTED ON THIS AGREEMENT MAY BE SOLD OR DISPLAYED. The Management reserves the right to restrict or remove exhibits without refund that may have been falsely entered, or may be deemed by the Management as unsuitable or objectionable. This restriction applies to noise, PA systems, persons, animals, birds, pop caps, fireworks, conduct, printed matter or anything of a character that might be objectionable to the show or the Management.
f. OFFENDERS - The violation of any of the terms and agreements hereof shall, at the discretion of the Management, cause the whole amount of the contract to become due and work an immediate revocation and forfeiture of all rights and privileges herein granted to Exhibitor; and in the event of such breach of said Exhibitor, and such election by the Management, any and all sums paid or contracted to be paid under this contract to the Rocky Mountain Arts & Crafts Festival shall be and become the property of the Management as liquidated damages for said breach.
g. FLOOR PLAN - is subject to necessary modifications without notice.
h. DRAWINGS/GIVE-AWAY PROGRAMS/CONTESTS/RAFFLES - Any drawing, give-away program, contest or raffle conducted by Exhibitor must be registered in the Rocky Mountain Arts & Crafts Festival office, showing in writing the article and date of drawing, and is SUBJECT TO MANAGEMENT APPROVAL. ALL DRAWINGS, GIVE-AWAY PROGRAMS AND CONTESTS MUST BE HELD PRIOR TO TERMINATION OF THIS CONTRACT. Names of any drawing/give-away program/contest winners are to be submitted to the Management upon completion of said drawings, give-away programs and contests.
2. RULES FOR EXHIBITS
a. FIRE RULES AND REGULATIONS - All rules and regulations relative to public buildings as prescribed by the Fire Prevention Bureau of Yellowstone County MUST be adhered to. All booths and decorations MUST concur with the facility regulations, City ordinances and local fire codes. Combustible exhibit and display materials must be flame retardant. Explosive materials are not allowed on the premises. Vehicles may not be operated on the premises during show hours. Gas tanks must be less than one-fourth full of gas. Tank openings must have a secure cap and be taped to prevent fumes from escaping. Battery cables must be disconnected and taped to prevent contact.
b. SPECIAL NEEDS - Any special carpentry, wiring, electrical, gas, steam, water or drainage connection shall be installed at Exhibitor's expense.
c. LICENSES - Any and all City, County, State or Federal licenses, inspections or permits as required by law of any Exhibitor in the installation or operation of his display shall be obtained by the Exhibitor at his own expense.
d. RIGHTS OF MANAGEMENT IN EVENT SHOW IS NOT HELD - Management shall not be liable for any damages or expense incurred by Exhibitors in the event the show is delayed, interrupted or not held as scheduled; and, if for any reason beyond the control of the Management, the show is not held, Management may retain so much of the amount paid by Exhibitors as is necessary to defray expenses already incurred by the Management.
e. TERMS AND CONDITIONS - The contract contains all the terms and conditions agreed on by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this contract, shall be deemed to exist or to bind any of the parties hereto.
f. SECURITY FOR RENTAL - Failure on the part of the Exhibitor to pay the rental as specified under the contract shall entitle Management to seize all merchandise, materials and exhibits displayed by the Exhibitor at the within described Show and to retain the same as security for any unpaid rental amount owing hereunder. Upon the expiration of seven days after such seizure, Management shall have the right to dispose of same without notice to the Exhibitor in such manner as Management, in its absolute discretion, deems appropriate, whether by public or private sale in the manner determined solely at Management's discretion, and without any obligation on the part of Management to affect any manner of publication respecting the date or any details of information as to when or how such sale is to be carried out.
g. AMENDMENTS - Exhibitor agrees to abide by decisions of the Management concerning all matters pertaining to the administration and success of the Show which are not specifically stated.
h. ATTORNEY FEES - In the event suit or action is brought by any party under this agreement to enforce any of its terms, it is agreed that the prevailing party shall be entitled to its costs of court and a reasonable attorney fee to be fixed by the trial and appellate courts.
i. MEDIA - No media, TV, radio or otherwise, shall broadcast from Exhibitor's booth without express written consent from the Management.
3. SECURITY
a. The facility will be locked during the time that exhibits are not being shown, and security guards will be on duty. Any additional security must be arranged by the Exhibitor at his own expense, directly from the facility. Rocky Mountain Arts & Crafts Festival, Billings Gazette Communications, D&D Productions, the facility management nor our insurance company are financially liable for loss or disappearance of any kind. We recommend all Exhibitors contact their insurance agents to confirm proper coverage of exhibit material. Exhibitors should read carefully the coverage provided by decorators and shipping companies to determine if additional coverage is necessary.
4. CANCELLATION POLICY
a. Any cancellations or changes must be in writing and received by our office by January 15, 2012. Upon written request, refunds will be made, less a $100 penalty for each cancelled booth. IF THE TOTAL SPACE RENTAL CHARGES ARE NOT RECEIVED BY MARCH 1, 2012, THEN EXHIBITOR MAY LOSE ANY PRIOR RIGHT TO BOOTH LOCATION.
5. LIABILITY
a. Neither the Rocky Mountain Arts & Crafts Festival, Billings Gazette Communications, D&D Productions, nor their representatives, nor any member of the above named will be responsible for any injury, loss or damage that may occur to the Exhibitor or the Exhibitors' employees or property from any cause whatsoever. The Exhibitor, on signing the contract, expressly releases the aforementioned from any and all claims for such loss, damage or injury.
6. INDEMNITY
a. Exhibitor shall indemnify the Rocky Mountain Arts & Crafts Festival, Billings Gazette Communications, D&D Productions and their representatives against all expense or losses arising from any injury or damage to persons or property happening on or about the Exhibitor's leased space.
7. APPLICATIONS
a. Applications will be considered and space assigned on a first-come, first-served basis. This contract does not constitute or ensure space until the required deposit is received and agreement is counter-signed by Show Management. Selection of Rocky Mountain Arts & Crafts Festival participants is subject to the discretion of the show jury. Space is assigned with priority to qualified applicants with products/services, in the view of the Management, not already substantially represented in the show. Your 50% deposit is required with this application. If you are selected as an Exhibitor, your deposit will be credited to the total purchase price of the exhibit or booth space assigned, and you will be billed for the remaining funds due. If you are not selected as an Exhibitor, your deposit will be returned to you within sixty (60) days of receipt of application.