YOU ARE ENTERING A CONTRACT WHICH LIMITS YOUR POSSIBLE RECOVERY IN CASE OF LOSS OR DAMAGE

The terms and conditions set forth below become a part of the Contract between THE EXPO GROUP, LLC and You, the EXHIBITOR. EXHIBITOR is deemed to have accepted these terms and conditions when any of the following conditions are met:

1.1. Definitions

For purposes of the Contract, “TEG” means The Expo Group, LLC, d.b.a. The Expo Group, and their respective employees, directors, officers, agents, assigns, affiliated companies, and related entities including, but not limited, to any subcontractors TEG may appoint. The term “EXHIBITOR” means the Exhibitor, its employees, agents, representatives, and any Exhibitor Appointed Contractor (“EAC”).

Show or Event

An organized marketplace within a venue where EXHIBITORS participant.

Show or Event Site

The venue or place where an exposition or event takes place;

Cold Storage

Holding of Goods in a climate-controlled area;

Accessible Storage

Holding of Goods in an area from which Goods may be removed during events;

Services

Warehousing, transportation, drayage, unsupervised labor, supervised labor and/or related services;

Supervised Labor

Union labor provided to a EXHIBITOR to install or dismantle a booth or exhibit space, supervised and/or directed by TEG;

Un-Supervised Labor

Union labor provided to a EXHIBITOR to install or dismantle a booth or exhibit space, not supervised and/or directed by TEG. EXHIBITOR assumes responsibility and liability for the work of union labor when opting for un-supervised labor.

1.2 Scope

These Terms and Conditions shall be binding upon EXHIBITOR, TEG, and their respective Agents and representatives, including but not limited to Exhibitor contracted labor, THIRD PARTY, EAC’s or Installation and Dismantle Companies, and any other party with an interest in the Goods. Each shall have the benefit of and be bound by all provisions stated herein, including but not limited to time limits and limitations of liability. EXHIBITOR permits all contact information provided to TEG to be used by TEG and shared with other entities assisting in the production of the event in question. Email communications may include show information, promotional materials, advertising statements, and other commercial notices. Permission may be revoked by the EXHIBITOR in writing.

1.3 Payment Terms

1.3.a. Full Payments

Full Payments, including any applicable tax and fee, are due in advance or at show site prior to delivery of services or equipment to EXHIBITOR unless other credit arrangements have been made. All payments shall be in U.S. secured funds and all checks must be drawn on a U.S. Bank; MasterCard, VISA, American Express, credit cards, debit cards, ACH, Wire Transfer, provided there is sufficient customer credit in EXHIBITOR’s form of payment to completely satisfy the amount owed by EXHIBITOR to TEG. If EXHIBITOR is exempt from payment of sales tax, TEG requires an exemption certificate for the State in which the services are to be used. Resale certificates are not valid unless EXHIBITOR is rebilling these charges to its customers. For International EXHIBITORS, TEG requires 100% prepayment of advance orders, and any order or services placed at show site must be paid at the show. All materials and equipment are on a rental basis for the duration of the show or event and remain the property of TEG except where specifically identified as a sale. In the case of bills submitted to parties other than the EXHIBITOR (i.e., Third Parties), such arrangements in no way release EXHIBITOR from any and all terms and conditions outlined herein.

1.3.b. Third Parties

EXHIBITOR is ultimately responsible for all charges incurred on its behalf. In the event that a THIRD PARTY agent orders on behalf of the EXHIBITOR and the named THIRD PARTY does not discharge payment of the invoice prior to the last scheduled show day, charges will revert back to the EXHIBITOR. All invoices are due and payable upon receipt, by either party.

1.3.c. Price Adjustments

TEG reserves the right to adjust the price charged for any item in the event of a sudden and unexpected price increase. By way of example without limiting the foregoing, in the event fuel prices escalate in a rapid manner, the price of any individual item may be adjusted to reflect the impact of higher fuel prices. Additionally, TEG reserves the right to pass through to Exhibitor any incremental charges or fees levied by the facility, suppliers, or other third parties.

1.3.d. Credit Card Authorization

The undersigned authorizer acknowledges and agrees that all applicable charges for services rendered to the EXHIBITOR will be applied to the credit card authorized on the account in the event other form of payment is not tendered prior to the close of the trade show. In no instance shall any Exhibitor be extended credit beyond 30 days after the close of the Show. If there are any outstanding balances owed by EXHIBITOR to TEG which have not been paid after 30 days following the close of the Show, then these unpaid balances shall bear interest at the rate of 1-1/2% per month (18% per annum), and future orders will be on a prepaid basis only. EXHIBITOR should be advised that routine audits of Exhibitor booths for service usage are conducted during the Event. Should the result of such an audit indicate that equipment or services is in fact being used that has not been paid for, the Exhibitor will be charged for the equipment or service at the applicable rate.

1.3.e. Cancellation

Unless otherwise noted on the specific service order form, Exhibitors who cancel up to ten (10) days prior to Exhibitor Move-in will NOT be assessed any cancellation fees. Cancellations received less than 10 days prior to Exhibitor Move-in or at show site, will incur a fee equal to 100% of the order amount unless otherwise noted on the specific service order form. If the Show or Event is canceled because of reasons beyond TEG’s control, EXHIBITOR remains responsible for all charges for services and equipment provided up to and including the date of cancellation. In either case, Shipments received at the Advance Warehouse will be assessed a charge of 50% of the applicable published Warehouse rate. TEG will not issue refunds to EXHIBITOR of any payments made before the date of cancellation. It is EXHIBITOR’s responsibility to advise the TEG Service Representative of problems with any orders, and to review the EXHIBITOR’s account summary for accuracy prior to the last scheduled day of the Show or Event.

1.3.f. Credit Card Refund Processing

TEG is pleased to accept orders for services, with payment being made by a credit card. By paying for these services in advance, and adhering to the deadline date, you have taken advantage of the discount offered. If a payment is subsequently made by check with the intention of reversing the initial credit card payment, a CREDIT CARD REFUND PROCESSING CHARGE will be assessed for each subsequent transaction following the initial transaction. The fee to reverse the credit card payment and replace it with a check or an alternate credit card is 3% of the amount owed. Said CREDIT CARD PROCESSING CHARGE is applicable in the event of voluntary withdrawal and/or cancellation of service as outlined in conditions above.

1.3.g. Refunds

EXHIBITOR may opt to transfer order credits and payments at full value towards any service solution from The Expo Group on any future Event despite the Event or General Service Contractor in lieu of refund. Request for refund due to withdrawal is subject to Administrative and Credit Card Refund Processing charges. Any refund will be processed as part of TEG’s show close process, within 21 days of the last show date. Prior to any refunds being paid to EXHIBITORS, these cancellation and/or postponement charges will be determined in good faith by TEG and withheld from any amounts previously paid by EXHIBITOR to TEG in proportion to receipts from all exhibitors with the excess being refunded. EXHIBITOR shall receive a full and complete refund of any overpayments following final show close audit. In the event of EXHIBITOR withdrawal or the Exposition or Event is cancelled or postponed, TEG reserves the right to charge for services rendered in preparation of the Event or Exposition, including all non-refundable Administrative Processing costs incurred by TEG, and applicable CREDIT CARD REFUND PROCESSING CHARGES.

1.3.g.i. Refund Request Process

Request for refund by different method than original payment must be submitted in writing by EXHIBITOR. Electronic request will only be considered when sent from an email address within the exhibiting company's domain and on company letterhead. The request must specifically address the reason for requesting the refund by check and full details for where the check is to be mailed.

1.3.g.ii. Refund Remittance

TEG will remit refunds to EXHIBITOR at the name and address on file. EXHIBITOR will receive a refund for any extra overpayment above and beyond the amount which EXHIBITOR owes to TEG. Also provided for the EXHIBITOR with the final refund shall be a final accounting showing the services or equipment ordered. EXHIBITOR reserves the right to access final accounting showing all services or equipment ordered on their behalf.

1.3.h. Discrepancies and Complaints

Any discrepancy in items ordered and items received or any complaint or question concerning services, etc., must be reported to the TEG Service Center at the show immediately upon noting same. Problems will be resolved and/or any valid adjustments in EXHIBITOR’s account will be made at that time and approved by the TEG Project Manager, Sales or Director in charge. No credits shall be extended for any individual service (including material handling and labor services) in excess of 15% of the billings for that service. Credits and adjustments will not be made based on information received after the Show.

1.3.i. Discontinuation of Services

TEG reserves the right to discontinue one or all services or equipment delivery to EXHIBITOR for non-payment of one or more outstanding bills should such bill not be paid before the close of the first day of the Show. Payment for any one or more of the services rendered does not in any way release EXHIBITOR from payment of the other remaining services upon presentation of an invoice. Should it become necessary after all discrepancies are resolved to employ a collection agency, then EXHIBITOR agrees that all reasonable and customary collection fees shall be borne by EXHIBITOR.

1.4 Choice of Law & Venue

Any dispute between TEG and EXHIBITOR shall be governed by the laws of the State of Texas (without regard to Texas’ conflicts of laws principles). Venue of any action between TEG and EXHIBITOR shall lie exclusively in the state or federal courts located in Dallas County, Texas and TEG and EXHIBITOR agree that all reasonable attorney’s fees shall be borne by the prevailing party.

1.5 Force Majeure

TEG’s performance hereunder is subject to, and TEG shall not be responsible for loss, delay, or damage due to, strike, work stoppages, natural elements, vandalism, Act of God, civil disturbances, power failures, explosions, acts of terrorism or war, or for any other cause beyond TEG’s reasonable control, nor for ordinary wear and tear in the handling of Exhibitor’s materials.

1.6 Limitation of Liability & Indemnity

IN NO EVENT SHALL TEG BE LIABLE TO THE EXHIBITOR OR TO ANY OTHER PARTY FOR SPECIAL, COLLATERAL, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES OCCUR EITHER PRIOR OR SUBSEQUENT TO, OR ARE ALLEGED AS A RESULT OF, TORTIOUS CONDUCT, FAILURE OF THE EQUIPMENT OR SERVICES OF TEG OR BREACH OF ANY OF THE PROVISIONS OF THIS CONTRACT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING STRICT LIABILITY AND NEGLIGENCE, EVEN IF TEG HAS BEEN ADVISED OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. SUCH EXCLUDED DAMAGES INCLUDE BUT ARE NOT LIMITED TO LOST PROFITS, LOSS OF USE, AND INTERRUPTION OF BUSINESS OR OTHER CONSEQUENTIAL OR INDIRECT ECONOMIC LOSSES. TEG’S LIABILITY SHALL BE LIMITED TO ANY LOSS OR DAMAGE WHICH RESULTS SOLELY FROM TEG’S NEGLIGENCE IN THE ACTUAL PHYSICAL HANDLING OF EXHIBITOR’S MATERIALS AND NOT FROM ANY OTHER TYPE OF LOSS OR DAMAGE. TEG’S MAXIMUM LIABILITY FOR ANY CAUSE SHALL BE LIMITED TO $0.50 PER POUND PER ARTICLE WITH A MAXIMUM LIABILITY OF $100.00 PER ITEM OR $1,500.00 PER SHIPMENT, WHICHEVER IS LESS. TEG SHALL NOT BE RESPONSIBLE FOR LOSS, THEFT, OR DISAPPEARANCE OF MATERIALS BEFORE THEY ARE PICKED UP FROM EXHIBITOR’S BOOTH OR FOR RELOADING AFTER THE SHOW. BILLS-OF-LADING COVERING OUTGOING SHIPMENTS, WHICH ARE FURNISHED TO TEG BY EXHIBITOR, WILL BE CHECKED AT THE TIME OF ACTUAL PICKUP FROM THE BOOTH AND CORRECTIONS MADE WHERE DISCREPANCIES OCCUR. ANY CLAIMS FOR LOSS, INJURY OR DAMAGE MUST BE SUBMITTED TO TEG WITHIN THIRTY (30) DAYS OF THE CLOSE OF THE SHOW IN WHICH THE LOSS, INJURY OR DAMAGE OCCURRED, OR SUCH CLAIMS SHALL BE WAIVED. NO SUIT OR ACTION FOR THE RECOVERY OF ANY CLAIMS ARISING OUT OF OR RELATED TO BODILY INJURY, DEATH, OR PROPERTY DAMAGE SHALL BE BROUGHT AGAINST TEG MORE THAN ONE YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. ANY INCIDENT OCCURRING AT SHOW SITE MUST BE BROUGHT TO THE ATTENTION OF TEG BEFORE THE CLOSE OF THE SHOW AND AN INCIDENT REPORT FILLED OUT, SHOULD EXHIBITOR FAIL TO FILL OUT AN INCIDENT REPORT AS REQUIRED, EXHIBITOR WAIVES ANY CLAIMS FOR DAMAGE, INJURY, OR LOSS.

1.7 Indemnification

Exhibitor agrees to indemnify and forever hold harmless TEG from and against any and all demands, claims, causes of action, fines, penalties, damages (including consequential), liabilities, judgments, and expenses (including but not limited to reasonable attorneys’ fees and investigation costs) arising out or contributed to by Exhibitor’s negligent supervision of any labor secured through TEG; Exhibitor’s negligence,