TechMecca 2008 — General Information, Rules and Regulations
1. SHOW SPONSORSHIP AND MANAGEMENT
The TechMecca 2008 Conference and Expo (“TechMecca” or the “Expo”) is jointly produced by and is the joint property of Independent Bankers Association of Texas (“IBAT”), Texas Credit Union League (“TCUL”), and South Western Automated Clearing House Association (“SWACHA”). All authority to manage the show and establish show policies has been delegated by each of IBAT, TCUL and SWACHA to a committee comprised of representatives of each such entity (the “Management Committee”), which for all purposes hereunder may act through one or more designated agents or representatives. Each prospective exhibitor (hereinafter “Exhibitor”) is required to complete the EXHIBIT BOOTH SPACE APPLICATION AND CONTRACT (the “Contract”) on-line at the registration site www.techmecca.net. By doing so, he subscribes to all terms set forth in these TECHMECCA 2008 GENERAL INFORMATION, RULES, AND REGULATIONS (the “Regulations”), which are expressly incorporated into and made a part of the Contract. Each Exhibitor, for itself and its employees and agents, agrees to abide by these Regulations.
2. BOOTH ASSIGNMENTS.
Sole control of the exhibit hall(s) used by TechMecca (the “Exhibit Hall”) rests with the Management Committee. All booth spaces are assigned on a first-come, first-served basis in the order the executed Contract, together with the Deposit (as defined in paragraph 7 below), are received. Receipt by a potential Exhibitor of the TechMecca conference advertising materials, a form Contract or these Regulations is not an offer or invitation on the part of TechMecca for that particular person or entity to exhibit at TechMecca, nor does any potential Exhibitor have the right to exhibit at TechMecca unless and until a Contract, duly executed and delivered by such potential Exhibitor, has been accepted and executed by the Management Committee, and confirmation thereof has been returned to such potential Exhibitor. Exhibitor acknowledges and agrees that any trade show exhibit location that is designated in writing or in any other manner as assigned to Exhibitor is subject to relocation within the Exhibit Hall at any time, as the Management Committee may determine necessary or desirable. In particular, the Management Committee has the right to relocate an Exhibitor’s booth if the planned exhibit area is not completely sold; provided that reasonable efforts will be made to avoid locating an Exhibitor’s booth next to a direct competitor of such Exhibitor. Exhibitor hereby further agrees that the Management Committee may, at any time, for any reason and without any prior notice, refund the money paid by Exhibitor for exhibit space pursuant to these Regulations and cancel same.
3. WHAT MAY BE EXHIBITED — CONTROL OF THE SHOW
TechMecca is designed for display and demonstration of financial institution-related products and services. Exhibits and activities are subject to inspection and prohibition by the Management Committee in its sole and absolute discretion at any time from the beginning of setup through the duration of the show. Distribution of exhibit materials/literature or giveaway items is permissible provided it does not in any way imply endorsement of Exhibitor’s product/service by TechMecca or any of its affiliates, except as otherwise expressly agreed in writing. Exhibitor acknowledges and agrees that the Management Committee has the exclusive right to interpret these Regulations and to make final decisions regarding matters related to the operation of TechMecca not covered hereby. Any decision by the Management Committee regarding the matters covered by this paragraph will be final and binding on Exhibitor.
4. BOOTH & SPACE LIMITATIONS
Minimum booth size is 10' deep x 10' wide per Exhibitor. No guarantee is made regarding the availability of any particular booth size or configuration. Combinations of two or more of the spaces shown in the booth diagram may be requested.
5. ARRANGEMENTS OF EXHIBITS
Standard booth equipment (back and side wall drapes and identification signs) will be provided by TechMecca through Freeman Decorating Company without cost to the Exhibitor if ordered no later than September 1, 2008. If Exhibitor plans to install a completely constructed display of such a character that the Exhibitor will not require or desire the use of standard booth equipment, no part thereof shall project or extend beyond the space allotted to the Exhibitor. No Exhibitor’s products, equipment or booth construction may be so placed as to exclude the view of the neighboring exhibits for visitors passing through the aisles, as determined by the Management Committee in its sole and absolute discretion. No part of any display may be over eight feet in height. The back three feet of rented space may be occupied from the floor up to eight feet in height; the front of the rented space may be occupied from the floor up to 48 inches only. All aisle space and utility cores belong to the show. Exhibitor agrees to provide for storage as needed within his assigned booth area, and agrees that no item will be stored in the utility core. Standing in aisles or in front of exhibit booths of other Exhibitors to attract persons to a particular booth or for advertising purposes is strictly prohibited.
6. SUBLETTING OF BOOTH SPACE
Exhibitor agrees that its space is to be used solely for the person or entity whose name appears on this contract, and Exhibitor will not assign, sublet, or apportion booth space or any part thereof allotted to Exhibitor, nor to exhibit or advertise goods other than those manufactured or sold by Exhibitor in the regular course of business, without the prior written consent of the Management Committee (which consent may be withheld in its sole and absolute discretion).
7. PAYMENT
A non-refundable deposit in the amount of $1300 for each 10’ x 10’ exhibit booth and/or $2595 for each 10’ x 20’ booth (the “Deposit”) is due no later than September 3, 2008 and must accompany the Exhibitor Space Application and Contract completed online. Payment in full of the specified booth fee as provided for under the Contract shall be due on or before October 3, 2008, and shall also be non-refundable except as specifically set forth to the contrary herein.
8. CANCELLATION OR WITHDRAWAL
Exhibitor may cancel or withdraw from TechMecca subject to the following conditions and restrictions:
a. Exhibitor shall give TechMecca notice in writing of its intention to cancel or withdraw from the expo.
b. In the event TechMecca receives such notice on or before August 1, 2008, all fees paid by Exhibitor to TechMecca in excess of the Deposit will be refunded.
c. In the event such notice is received between August 2, 2008 and up to, including September 1, 2008, Exhibitor shall be entitled to one-half of payment in excess of the deposit. Cancellations on or after September 2, 2008 will not be entitled to a refund of any fees paid to TechMecca, including the Deposit, and Exhibitor shall be obligated and agrees to pay the total specified booth fee as provided for under the Contract.
d. In the event of cancellation, (i) TechMecca shall have the right to use any exhibit space assigned to Exhibitor to suit its convenience, including making such space available to another exhibitor, without any rebate or allowance to Exhibitor and (ii) TechMecca assumes no responsibility for having included the name of Exhibitor or descriptions of its products and/or services in the show catalog, brochures, news releases, or other materials.
9. BOOTH PERSONNEL
Exhibitor shall keep at least one attendant in its booth at all times during published show hours, commencing November 3, 2008. Each person in Exhibitor’s booth at any time must be, or must be accompanied by, an employee or authorized representative of Exhibitor who is capable of positively identifying himself as such, and any other person shall be subject to immediate expulsion from the Exhibit Hall. Any failure to comply with the requirements of this paragraph 9 will entitle the Management Committee, in its sole and absolute discretion, to (i) immediately remove Exhibitor’s booth from the Exhibit Hall at Exhibitor’s expense and (ii) ban Exhibitor from participating in future TechMecca shows.
10. EXHIBITOR’S BADGES
TechMecca will provide Exhibitor badges by name for personnel assigned by Exhibitor to staff its booth. Badges are not transferable. Badges will be available only at the Exhibitor registration counter. Temporary day badges will be issued to personnel properly identified as authorized to work in the hall during installation and dismantling. Badges must be worn in the hall at all times. BADGES WILL NOT BE ISSUED UNTIL THE SPECIFIED BOOTH FEE HAS BEEN PAID IN FULL. EXHIBITOR ACKNOWLEDGES AND AGREES THAT PERSONS UNDER THE AGE OF 18 SHALL NOT BE ENTITLED TO RECEIVE OR UTILIZE BADGES OR OTHER SHOW CREDENTIALS.
11. REGISTRATION AND ADMISSION
TechMecca will not be open to the general public. An official badge, issued to all attendees upon registration, entitles the wearer to unlimited attendance at TechMecca during scheduled expo hours. This official badge must be worn at all times in the Exhibit Hall, and is not transferable. TechMecca shall have sole control of all admission policies at all times, including admission of visitors to the expo.
12. INSTALLATION AND DISMANTLING
The Management Committee will establish specific requirements with respect to the time for installation and dismantling of exhibits, and these requirements will be provided to each Exhibitor prior to commencement of the show. Such requirements shall be binding upon the Exhibitor as though fully set forth herein. All displays must be in place and set up no later than 11:00 a.m. on Monday, November 3, 2008. Under no circumstances will the delivery or removal of any portion of an exhibit be permitted during the show without the prior written consent of the Management Committee. Dismantling of exhibits will not be permitted until after the official close of the show. ABSOLUTELY NO DISMANTLING WILL BE PERMITTED PRIOR TO THE ANNOUNCED CLOSING TIME. Any failure to comply with the requirements of this paragraph 12 will entitle the Management Committee, in its sole and absolute discretion, to ban Exhibitor from participating in future TechMecca shows.
13. CONFLICTING MEETING AND SOCIAL EVENTS
Exhibitor agrees not to extend invitations, call meetings, or otherwise take any action that could reasonably be expected to encourage TechMecca attendees or exhibitors to be absent from the Exhibit Hall during the official hours of the conference and expo or from other scheduled TechMecca events. If Exhibitor desires or intends to reserve or use a suite or meeting room in any of the TechMecca conference hotels, it agrees (i) to arrange this space only through the Management Committee and (ii) that this space will be utilized only for approved hospitality or other forms of promotional activity in accordance with the requirements of this paragraph 13.
14. DEFAULT OCCUPANCY
Any exhibit space contracted for by Exhibitor, but not occupied as of one hour prior to the official opening of the show may be used for other purposes or reassigned (which may include selling such space to another exhibitor) by the Management Committee in its sole and absolute discretion, without notice to the defaulting Exhibitor. In that event, the defaulting Exhibitor shall not be entitled to any refund, rebate or allowance. TechMecca assumes no responsibility for having included the name of the defaulting Exhibitor, or descriptions of its products and/or services, in the show catalog, brochures, news releases, or other materials.
15. BUILDING OCCUPANCY
In case the Exhibit Hall shall be destroyed or damaged, or if the show fails to take place as scheduled or is interrupted and/or discontinued, or access to the Exhibit Hall is prevented or interfered with by reason of any strike, lockout, injunction, act of war, act of God, emergency declared by any governmental agency or by the Management Committee, or for any other reason, the Contract may be terminated by the Management Committee in its sole and absolute discretion. In the event of such termination, Exhibitor releases, acquits and forever discharges TechMecca, the Management Committee, IBAT, TCUL and SWACHA, and their respective employees and agents, from any and all obligations, liabilities, damages, and claims arising from or in connection with such termination, and agrees that the sole liability of TechMecca with respect thereto shall be to return to Exhibitor any payment received by TechMecca from Exhibitor in respect of the specified booth rental fee, less Exhibitor’s pro rata share of all costs and expenses incurred and committed by TechMecca, the Management Committee, IBAT, TCUL and SWACHA, or any one or more of them, in respect of the show. EXHIBITOR EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE RELEASE PROVIDED FOR IN THIS PARAGRAPH 15 SHALL INCLUDE LIABILITY FOR NEGLIGENCE OF TECHMECCA, THE MANAGEMENT COMMITTEE, IBAT, TCUL AND SWACHA, OR ANY ONE OR MORE OF THEM OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS.
16. SERVICE ORGANIZATIONS
The Management Committee and the Exhibit Hall may designate contractors to perform work at the Exhibitor’s expense. Where union personnel are required by the Exhibit Hall or by the contractors involved, it shall be Exhibitor’s responsibility to comply with such requirements. None of TechMecca, the Management Committee, IBAT, TCUL or SWACHA shall be responsible for the conduct of, or any failure to perform by, any of such contractors, their employees, agents or charges, or for any other matter relating to such contractors or the Exhibit Hall or for any services provided to Exhibitor, including (without limitation) drayage, machinery moving and erecting, furniture rental, booth and floral decorating, photography, drinking water, telephone or other telecommunications services, electricians, plumbers, carpenters, or signs.
17. VIDEO AND SOUND SYSTEMS
The use of video will be permitted, subject to approval by and the control of the Management Committee in its sole and absolute discretion. The Management Committee reserves the right in its sole and absolute discretion to restrict the use of, or prohibit, any sound systems and/or any machines or devices that are deemed to create excessive noise or otherwise disrupt activities within the Exhibit Hall. Exhibitor shall be responsible for securing any and all necessary licenses or consents for any performances, displays, or other uses of copyrighted works or patented inventions and the use of any name, likeness, signature, voice, or other impression, or other intellectual property owned or claimed by any third party, which may be used, directly or indirectly, by Exhibitor or on its behalf. Any royalties payable to a copyright owner, or to ASCAP or BMI on such owner’s behalf, which are payable by reason of Exhibitor’s action or use of copyrighted works, will be the sole responsibility of and payable by Exhibitor. Exhibitor agrees to, and hereby does, indemnify, defend, and hold TechMecca, the Management Committee, IBAT, TCUL and SWACHA harmless from and against any claim of liability in any incident or resulting loss, infringements or other violations of the intellectual property rights, rights of privacy, publicity rights, or any other related rights of any third party, whether enforced by that third party or its representative. The Management Committee reserves the right to discontinue the electricity supply of Exhibitor if Exhibitor is deemed to be in violation of the requirements of this paragraph 17.
18. SUPPLIES FOR OPERATING EQUIPMENT
Arrangements must be made by Exhibitor directly with Freeman Decorating Company, at least three (3) working days before the show opening, for delivery during non-show hours of supplies (including flexible materials, cartons and products to be packaged). No deliveries may be made during show hours.
19. REFRESHMENTS
No outside food and beverage is allowed at the expo. Exhibitors may contact the Hyatt Regency Food and Beverage Director at (214) 651-1234 for any orders they wish to place directly with the hotel to provide.
20. SAFETY, FIRE AND HEALTH
Exhibitor shall comply with all applicable safety, fire and health ordinances, rules and regulations. All displays, exhibit materials and equipment must be reasonably located and protected by safety guards and fireproofing to prevent fire hazards and accidents. No explosive or combustible materials are to be displayed or stored within the Exhibit Hall, and all construction shall be substantial, fixed in position for the duration of the show, and constructed of fire-retardant materials. All construction and other activities of Exhibitor shall be in accordance with all requirements of the Exhibit Hall and TechMecca. In particular, Exhibitor shall be responsible for compliance with the Americans with Disabilities Act with regard to any presentations and services available at its booth, not including aisle access.
21. CARE OF BUILDING
No Exhibitor may allow an article to be brought into, nor permit any act to be done in, the Exhibit Hall which will increase the premiums or void policies of insurance held by or on behalf of the Exhibit Hall, TechMecca, IBAT, TCUL or SWACHA. No Exhibitor shall permit any act by any of its employees or agents, or by any other persons visiting its booth, which could cause the Exhibit Hall to be marred, defaced or otherwise damaged. Upon the earlier to occur of the conclusion of the show or the termination of the Contract, Exhibitor shall surrender the space in the Exhibit Hall occupied by Exhibitor in the same condition as at the commencement of Exhibitor’s occupation of same. Any damages arising from or in connection with any failure to comply with the requirements of this paragraph 21 shall be covered by the indemnity set forth in paragraph 24 below.
22. INSURANCE
TechMecca and/or the Exhibit Hall may take precautions to safeguard Exhibitor’s property by means of regular perimeter guard service. However, none of the Exhibit Hall, TechMecca, IBAT, TCUL or SWACHA, or any of their respective employees or agents, shall have (i) any liability for any injury to Exhibitor, its employees or agents, any show visitors or any other person, (ii) any responsibility for safeguarding Exhibitor’s property, or (iii) any liability for any damage to or loss of Exhibitor’s property through theft, fire, accident or any other cause. In all cases, Exhibitor shall be obligated to insure against any such liability, damage or loss at its own expense.
23. SHOW ATTENDANCE LIST
A complete list of persons registered to attend the show will be prepared and sent to Exhibitors of record no later than 30 days prior to the date scheduled for commencement of the show; provided that no such list will be sent to Exhibitor until all amounts due from Exhibitor pursuant to the Contract have been paid in full.
24. INDEMNIFICATION
Exhibitor shall indemnify and hold harmless the Exhibit Hall, TechMecca, the Management Committee, IBAT, TCUL and SWACHA, and their respective employees and agents (each, an “Indemnified Person”), from and against any and all liability and every loss, cost, claim, demand, or cause of action (including, without limitation, any damage to person or property, governmental charges or fines, and attorneys’ fees) arising from or in connection with the show, any breach or default by Exhibitor of the terms of the Contract, or from any other cause whatsoever (including, without limitation, Exhibitor’s installation, removal or maintenance of property in, or occupancy or use of, the Exhibit Hall or any part thereof), excluding any such liability caused directly by or directly attributable to the gross negligence or willful misconduct of such Indemnified Person. EXHIBITOR EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE INDEMNIFICATION PROVIDED FOR IN THIS PARAGRAPH 24 INCLUDES INDEMNIFICATION FOR THE NEGLIGENCE OF EACH INDEMNIFIED PERSON.
25. GENERAL
These Regulations may be amended at any time and from time to time by the Management Committee, and all such amendments shall be binding on Exhibitor. The Contract (including these Regulations) shall be binding upon the parties hereto and their respective executors, administrators, successors, and assigns; provided that Exhibitor may not assign the Contract or any rights or obligations arising thereunder without the prior written consent of the Management Committee, which consent may be withheld in the sole and absolute discretion of the Management Committee. The Contract shall be fully performable and venue for any actions related thereto shall lie in Travis County, Texas. A facsimile (fax) copy of the fully-executed Contract may be considered an original thereof.
26. EXHIBIT HALL RULES
Exhibitor agrees to abide by all additional rules, policies and procedures as may be imposed by the Exhibit Hall at any time and from time to time.
27. DEFAULT; TERMINATION
Failure by Exhibitor to comply with any term of the Contract (including these Regulations) may, at the sole and absolute discretion of the Management Committee, result in any one or more of the following: (i) expulsion from the Exhibit Hall, (ii) forfeiture of all amounts paid by Exhibitor for exhibit space, (iii) removal and storage of Exhibitor’s exhibit at Exhibitor’s expense, and (iv) termination of the Contract. Upon any such termination, all Exhibitor’s rights under the Contract shall cease and terminate, and all payments made by Exhibitor prior to said termination may be retained by the Management Committee as liquidated damages. No termination of the Contract shall affect any rights of TechMecca, the Management Committee, IBAT, TCUL or SWACHA, or any obligations or liabilities of Exhibitor, arising prior to such termination.
28. TERM
The Contract is valid only for the period commencing on the effective date of the Contract and ending on the earlier to occur of the termination of the Contract pursuant to paragraph 27 above and the conclusion of the show; provided that access to and use of the Exhibitor’s booth space in the Exhibit Hall shall be limited to authorized times during the show, and a reasonable time before commencement of, and after conclusion of, the show, in all cases as determined by the Management Committee. No guarantee is made regarding the availability of exhibit space in connection with any future TechMecca shows.
29. APPLICABILITY OF LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Texas without regard to the conflicts of laws principles thereof.
30. HEADINGS
The use of paragraph headings is for convenience only and does not define the content or scope thereof.
