Exhibit Terms & Conditions

All participants are subject to the following terms and conditions. The word “Exhibitor” refers to anyone contracting for space to sell, teach, or exhibit an object, product, or service. The word “Management” refers to Hoffman Media, LLC, acting through its officers, employees, and agents. The words “Exhibition” and “Expo” refer to Original Sewing & Quilt Expo. “Site” refers to the properties at which Original Sewing & Quilt Expo is taking place, and “Premises” refers to the space used by the Exhibitor at the Exhibition (e.g., the exhibit booth), the classroom or area assigned, including shipping to and from the Expo(s).

1.  Eligibility & Cancellation

a)    Management has the sole discretion to determine the eligibility of any person to participate in the Expo, and the decision of Management is final and binding.

b)    An Exhibitor with outstanding payments due prior to Expo opening will not be allowed to move into the Exhibition.

c)    All deposit monies shall be retained by Management in the event the Exhibitor fails to fulfill or violates the Contract, or withdraws from the Expo. The parties will, from that point on, have no further contractual obligations to one another beyond those set forth herein.

d)    In the event that Management changes the date of or cancels the Expo, the Exhibitor will have no right to compensation for any losses or costs related to the change or cancellation.

e)    If the Exhibitor never arrives by the end of the assigned setup day, all deposits are forfeited, and Management reserves the right to resell or reassign the space.

f)     If the Exhibitor, Instructor, or their agents pack up and leave before the published closing time, a penalty fee of $250 will be assessed and must be paid in full before another space will be granted.

2.  Insurance & Indemnity

a)    Each Exhibitor agrees that Management is not liable for any personal injury, property damage, or economic loss (the “Injuries”) sustained by the Exhibitor, their officers, employees, agents, or any member of the public if such Injuries arise out of or are in any way connected with the Exhibitor’s use or occupancy of the Premises or participation in the Exhibition. Exhibitor assumes all risk and agrees to hold Management harmless and completely indemnified against any and all losses, claims, suits, expenses, and demands arising from the Exhibitor’s Injuries, including claims arising from the negligence of Management.

b)    Each Exhibitor shall carry Comprehensive General Liability insurance for a limit of not less than $2,000,000 per occurrence and name Hoffman Media, LLC as additionally insured on a primary and non-contributory basis. A certificate of insurance evidencing such coverage may be requested prior to move-in. The policy shall include a provision requiring thirty (30) days’ written notice to Management prior to any cancellation or material change.

c)    Alcohol consumption and use of controlled substances by Exhibitors, their staff, and agents are strictly prohibited at the Expo. Attendees are subject to the facility’s policies regarding alcohol consumption on premises.

d)    Any Exhibitor using the services of an independent company assumes all liability for the acts of that company during the event.

e)    Hoffman Media, LLC, its officers, agents, or volunteers assume no responsibility for loss or damage to quilts or other exhibit materials on loan. Hoffman Media, LLC will take reasonable precautions to protect such materials while in its possession.

f)     At no time may an Exhibitor or Instructor represent, whether verbally or in writing, that Management endorses or recommends their products or services.

3.  Use of Exhibit Space

a)    The Exhibitor will not assign, sublease, or sublicense all or any part of the Premises, or otherwise permit the occupation of the Premises by any person other than a lawful representative of the Exhibitor, without the prior written consent of Management.

b)    Exhibitors agree not to display any equipment other than that which is manufactured or carried by the Exhibitor in the normal course of business.

c)    No person, firm, or organization not having contracted with Management for the occupancy of space in the Expo will be permitted to display, demonstrate, or sell its products or services, or distribute advertising materials, anywhere at the Site during the Exhibition.

d)    Only products and services detailed in the Exhibit Space Application are to be displayed, demonstrated, advertised, or sold at the Exhibition. Management reserves the right to remove from the Exhibitor’s booth any products or services that are in violation thereof or are deemed inappropriate for the nature of the Expo.

e)    Only contracted sponsors may exhibit or sell multi-use sewing machines, quilting machines, machine embroidery machines, or serger machines.

f)     Selling counterfeit, trademark-infringing, or patent-infringing products is prohibited at the Expo.

g)    Exhibitors, Instructors, and all agents collecting customer data (including email addresses, credit card information, and mailing addresses) must comply with all applicable data privacy laws and be PCI compliant.

4.  Exhibits

a)    No alteration of the Premises may be made by the Exhibitor without the prior approval of Management.

b)    Management reserves the right to alter the Premises or remove the Exhibitor from the Expo if, in Management’s opinion, such action is necessary to maintain the nature and character of the Expo.

c)    The Exhibitor may, subject to these terms, arrange the Premises in the manner best suited for displaying, demonstrating, and selling their goods and services.

d)    The Exhibitor’s Premises will be arranged in a manner that does not interfere with other Premises, and Management has sole discretion in determining interference.

e)    All tables must be skirted to the floor.

f)     Any additional pipe must be covered with sleeves, drape, or decorated in a professionally appropriate manner.

g)    Side walls and displays that extend above eye level must be reviewed by Management, which retains sole and final authority to approve or deny such configurations. Adjacent exhibitors may provide input, but Management’s decision is final.

h)    Any Exhibitor may, at their expense, display 8-foot high side walls extending up to half the depth of the booth at any time. Side walls extending from the back drape to the aisle must be requested at the time of application.

i)     Inappropriate backs of display units or unattractive display materials visible at eye level in adjacent booths will require covering, removal, or relocation at Management’s direction.

j)     Aisles cannot be blocked. If demonstrations or participatory events are planned, exhibit space must be adequate to contain all participants.

k)    Helium balloons, adhesive badges, labels, bumper stickers, and spray painting are strictly prohibited except with the express written permission of Management.

l)     Management reserves the right to alter the location of any booth based on the general appearance and overall planning of the Exhibition.

m)   No display, sign, or structure may exceed a height of 8 feet, without prior management and site approval.

n)    All Exhibitors must ensure their space is accessible and comply with all applicable requirements of the Americans with Disabilities Act and any related federal, state, and local accessibility laws.

o)    Cameras and video recording equipment may be used only with the prior written consent of Management. Hoffman Media, LLC reserves the right to photograph and record exhibit areas for promotional purposes and retains the right to use such photographs and recordings in marketing materials without limitation. Exhibitors are permitted to photograph and record their own booth spaces and areas designated for photography or video, such as the Quilt Exhibits and Expo Stage.

5.  Risk

a)    Management reserves the right to prohibit any arrangement of the Premises that, in its opinion, may cause danger or risk of injury to persons attending the Exhibition.

b)    The Exhibitor will use the Premises in a manner that does not cause damage to any other Premises. Any such damage, costs, or expenses are the sole responsibility of the Exhibitor.

6.  Rules

a)    The Exhibitor, their officers, employees, agents, and permitted assignees will at all times observe and comply with all rules and regulations that Management may establish from time to time (the “Rules”). Such Rules are deemed to be incorporated into and form part of this Agreement.

b)    The Exhibitor, their officers, employees, agents, and permitted assignees will at all times observe all terms, conditions, and provisions of any agreement entered into by Management and the Site for the Expo.

7.  Termination

a)    Management may terminate or vary this Agreement and withhold possession of the Premises:

i)     if the Exhibitor violates any part of these Terms and Conditions, including the Rules; or

ii)    in the event of a strike, lock-out, or labor dispute involving directly or indirectly the Exhibitor, which in the sole opinion of Management may adversely affect Management, the Expo, or other exhibitors.

b)    In the event of termination, Management may retain all monies received from the Exhibitor as credit against costs and expenses incurred or anticipated as a result of the Contract. All monies so retained shall not be considered a penalty but rather liquidated damages. Management further reserves the right to seek additional damages beyond retained monies if actual costs exceed amounts paid.

c)    In the event of termination, Management may enter into a contract with any other person with respect to the Premises.

8.  Force Majeure

a)    In the event that any part of the exhibit or classroom area is unavailable, whether for the entire event or a portion thereof, as a result of fire, flood, tempest, war, strike, lock-out, labor dispute, riot, any government-imposed restriction, public health emergency, quarantine order, epidemic or pandemic declaration, or any other cause or circumstance beyond the control of Management, or should Management determine that because of any such cause it is necessary to cancel, postpone, or re-site the Expo, or reduce installation time, Expo hours, or move-out time, Management shall not be liable to indemnify or reimburse the Exhibitor for any damage or loss, direct or indirect, resulting therefrom.

b)    In the event that Management fails to comply with the terms of this Agreement due to circumstances beyond its control, the Exhibitor waives any claim for damages or compensation for loss of revenue.

9.  Exhibitor Responsibilities

The Exhibitor agrees to:

a)    permit Management to enter and inspect the Premises;

b)    comply with all laws pertaining to the Exhibition and the Premises;

c)    comply with any labor contracts and labor legislation in effect applicable to the Premises;

d)    conduct and manage their business in an orderly, lawful, and professional manner such that no act or thing done on the Premises causes damage, distress, or disruption to the Facility, Show Management, or members of the public;

e)    provide qualified personnel to staff the Premises at all times during the Expo’s published hours open to the public;

f)     place booth refuse in aisle receptacles; dumping of trash in aisles is prohibited. All Exhibitors must discard trash according to the facility’s rules for disposal and remove all leftover articles and materials from their booth at move-out. Failure to do so will result in a cleanup surcharge equal to the cost charged by the site;

g)    refrain from exhibiting behavior, dress, or materials considered obscene, indecent, or profane, as determined by the Venue’s policy and/or Show Management; and

h)    comply with all applicable local, state, and federal tax laws. Exhibitors and Instructors are solely responsible for determining, collecting, and remitting all applicable sales taxes in each jurisdiction where the Expo is held.

10.  Assignment of Space

a)    To guarantee exhibit space, payment in full is required and must be postmarked or received electronically no later than the deadline stated on the Application or Invoice.

b)    No space will be assigned without a 50% deposit.

11.  Signs

a)    Only island or peninsula exhibit locations, contracted sponsors, or pavilions will be permitted to hang pre-approved overhead signs at the Expo. Dimensions and copy for any such sign must be approved in writing by Management prior to the Expo.

b)    All signs must be professionally produced, of appropriate size and nature, and displayed within the limits of the Exhibitor’s Premises.

c)    Management reserves the right to remove any sign deemed unacceptable. Examples of prohibited signage include: “Truckload Sale,” “Going Out of Business Sale,” “Wholesale Prices Today,” “Last Day – All Prices Slashed,” “Everything Discounted,” and “40% Off Everything in the Booth.” Examples of acceptable signage include: “All Trims – 15% Off,” “Patterns – Buy One, Get One Free,” “Show Special,” and “Free Shipping.”

12.  Raffles and Drawings

Raffles, drawings, or contests of an appropriate and legal nature are permitted. Exhibitors are responsible for knowing and complying with all federal, state, and local laws governing such activities.

13.  Move-In and Move-Out

Management reserves the right to set schedules and procedures for the setup and dismantling of the Exhibitor’s display, and the Exhibitor agrees to strictly conform therewith. Exhibitors and Instructors are responsible for any facility damage caused during setup or breakdown. Any property left at the Site after the conclusion of move-out will be discarded or returned via freight at the Exhibitor’s expense to an address agreed upon in advance.

14.  Disputes

In the event of any dispute arising under this Agreement, the parties agree to first attempt resolution through good-faith mediation before pursuing litigation. Failure by Management to enforce any provision of this Agreement shall not constitute a waiver of Management’s right to enforce that or any other provision.

15.  Governing Law

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, and proposals, whether written or oral, with respect to the matters set forth herein. This Agreement may not be modified or discharged, in whole or in part, except by a written instrument signed by both parties. This Agreement shall be construed and enforced in accordance with the laws of the State of Alabama. The federal and state courts located in Birmingham, AL shall have sole and exclusive jurisdiction over any disputes arising under this Agreement. The Exhibitor releases and forever discharges Hoffman Media, LLC, its parent company, affiliated companies, successors, and assigns, and their respective shareholders, owners, officers, directors, employees, agents, insurers, and reinsurers from any and all actions, liabilities, suits, claims, damages, or expenses, including without limitation attorney’s fees and costs, which may arise out of or relate to the performance of this Agreement. All warranties, representations, and indemnifications set forth in this Agreement shall survive the termination of services.If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.  Amendments

These Terms and Conditions have been drawn up with the sole objective of a successful exhibition for both Exhibitors and the public. In emergencies, or in circumstances not covered by these Terms, Management reserves the right to make such rulings as may appear to be in the best interest of the Expo, and the Exhibitor agrees to abide by such rulings.

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