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GENERAL TERMS AND CONDITIONS
1. Defined Terms
The term "Event" means Celebrity Fan Fest, currently scheduled to be held on June 14-16, 2019. ("Event Dates") at the Freeman Coliseum and Expo Halls ("Exhibit Facility"). The Event is owned, produced and managed by PMX Events, LLC (“PMX"). As used hereinafter, the term "Organizer" means, collectively, PMX, and each of its/their respective officers, directors, agents, affiliates, representatives, marketing companies, employees and assigns, unless the context requires otherwise. The term "Exhibitor" means, collectively (I) the company, any other business entity, or person that applied for exhibit space rental and agreed to enter into this contract upon acceptance by PMX in the manner stated below and (ii) each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees, as applicable.
2. Contract Acceptance
This contract shall become binding and effective only when it has been signed on the facing page by Exhibitor and counter-signed on the facing page by a duly authorized representative of PMX.
3. Assumption of Risks; Releases
Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God or otherwise. Exhibitor has sole responsibility for its property or any theft, damage or other loss to such property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by its insurer). Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby fully and forever release and discharge the Organizer and the Exhibit Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives and attorneys, and predecessors, assignees and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys' fees, losses, expenses and liabilities whatsoever, in law, equity or otherwise (collectively "Claims") which either may now have or have had or which may hereafter accrue, individually, collectively or otherwise in connection with, relating to or arising out of Exhibitor’s participation and/or presence in the Event. Exhibitor acknowledges that there is a possibility that subsequent to the execution of this contract, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this contract was executed, and which if known by it at that time may have materially affected its decision to execute this contract. Exhibitor acknowledges and agrees that by reason of this contract, and the releases contained in this Section 3, it is assuming any risk of such unknown facts and such unknown and unsuspected claims.
Exhibitor shall on a current basis, indemnify, defend (with legal counsel satisfactory to PMX in its sole discretion) and hold Organizer and the Exhibit Facility 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 Organizer without Organizer's prior written consent.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ORGANIZER OR THE EXHIBIT FACILITY 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 ORGANIZERS MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID TO PMX BY EXHIBITOR FOR EXHIBIT SPACE RENTAL PURSUANT TO THIS CONTRACT. Organizer makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or regarding any other matters.
6. Qualifications of Exhibitor
PMX, in its sole discretion, shall have the right to determine whether a prospective exhibitor is eligible to participate in the Event. PMX reserves the right to restrict or remove any exhibit or content which PMX, in its sole discretion, believes is objectionable or inappropriate. No adult materials (as defined pursuant to San Antonio’s municipal code) may be displayed or sold without prior written permission of PMX.
7. Assignment of Space
Exhibit space shall be assigned by PMX in its sole discretion for the Event and for the Event Dates only. Any such assignment does not imply that similar space will be assigned for any future events held by Organizer. PMX reserves the right to change the floor plan or to move an Exhibitor to another booth location prior to or during the Event if PMX in its sole discretion determines that to do so is in the best interest of the Event and its event guests.
8. Cancellation by Exhibitor
Exhibitors agree to notify PMX in writing prior at least 7 days prior to event of any inability to exhibit at Event. No refunds of any kind are due to Exhibitor upon execution of this contract.
9. Cancellation by PMX
PMX may 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 PMX'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 PMX removes or restricts an exhibit which PMX considers to be objectionable or inappropriate, no refund will be due Exhibitor.
10. Cancellation of the Event
Should PMX cancel the Event due to circumstances beyond the reasonable control of PMX (such as acts of God, acts of war, governmental emergency, labor strike or unavailability of the Exhibit Facility) PMX shall refund to each Exhibitor its exhibit space rental payment previously paid, minus a share of costs and expenses incurred, in full satisfaction of Organizer's liabilities to Exhibitor. PMX reserves the right to cancel, re-name or re-locate the Event or change the dates on which it is held. If PMX changes the name of the Event, relocates the Event to another event facility within the same city or changes the dates for the Event to dates that are not more than thirty (30) days earlier or thirty (30) days later than the dates on which the Event originally was scheduled to be held, no refund will be due to Exhibitor; provided however, PMX shall assign use of such space to Exhibitor pursuant to the terms of this contract. If PMX elects to cancel the Event other than for reasons previously described in this paragraph, PMX 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 the Organizer to Exhibitor.
11. Exhibit Space Occupancy
Hours and dates for installing, occupying and dismantling exhibits shall be those expressly specified by PMX. If Exhibitor fails to install its display in its assigned space by one hour before show opens or leaves its space unattended during the Exhibit hours, PMX 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 the Event hours. Exhibitor may not dismantle the display until the Event is officially closed by PMX. Exhibitors may not assign their display space to third parties without prior written approval from PMX.
Celebrity Fan Fest hours are as follows; Saturday 9am to 9pm, and Sunday 10am to 7pm
12. Listings and Promotional Materials
By Exhibitor's participation in the Event, Exhibitor expressly grants to PMX 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 Event and to use such names in PMX promotional materials. PMX 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 PMX may also take photographs or Exhibitor's booth space, exhibit and personnel during, before or after the open hours of the Event and use such photographs for any PMX promotional purpose in perpetuity.