The New England Mortgage Banking Conference reserves the right to reject or prohibit, in part or in whole, any exhibit or exhibitor. If an exhibit or exhibitor is rejected for breach of marketplace terms and conditions or for violating local or state codes of laws, no refund shall be made. All rights and responsibilities overseeing the management of the Conference are reserved by the New England Mortgage Banking Conference.
A. Scope, Incorporation by Reference, Terms: This agreement relates to the Exposition presented by the New England Mortgage Banking Conference (“NEMBC”) in connection with the Conference identified in the companion Application to Exhibit. The completed application incorporates by reference all of the terms of this master contract. “Exposition” refers to a trade show or group of tabletop exhibits in conjunction with the NEMBC. The term “Agreement,” as used herein refers to the terms set forth in the Exhibitor’s Contract. “Exposition Facility” refers to Rhode Island Convention Center (RICC), the facility housing the NEMBC exhibit hall. “Official Contractors” refers to Brede Exposition Services, the official show decorators of the NEMBC. “Exhibitor” is an entity whose Application to Exhibit has been accepted by the NEMBC.
B. General Terms & Conditions: It is understood and agreed as follows:
1. Subject to the availability of booth space, the Application to Exhibit at the NEMBC becomes a binding contract upon the NEMBC’s issuance of a confirmation notice after receiving a fully completed application and good funds in the full amount owed for the exhibit space requested.
2. Classification of exhibits and assignment of space in the Exposition Facility will be determined by the NEMBC at its sole discretion, and due to the great number of companies exhibiting similar or related product lines, the NEMBC cannot guarantee that a company exhibiting similar products (including an exhibitor’s competitor) will not be located in a nearby or adjoining booth space.
3. The NEMBC reserves the right to take the following actions at its sole discretion:
a. To prohibit any exhibit, or part thereof, which violates this Agreement or is, in any other way, not suitable for, or in keeping with, the character and spirit of the Exposition;
b. To close any exhibit which is found to violate this Agreement during the course of the Exposition;
c. To refuse to permit an Exhibitor who violates this Agreement to participate in one or more future NEMBC Expositions;
d. To change the floor plan (including but not limited to aisle spaces), without notice, in order to comply with fire, safety and accessibility regulations, or to provide in the NEMBC’s exclusive judgment, a safer, more satisfactory, more balanced, attractive and successful Exposition; and
e. To enforce strict compliance with any of the terms and conditions of this Agreement.
C. Booth Displays and Equipment:
1. Appearance: Standard booth equipment, as noted on the General Exhibitor Information, will be provided by the NEMBC without cost to the Exhibitor. If an 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 of its display shall so project so as to obscure the view of the adjacent booths. No display, may exceed a height of eight feet on the back wall nor be higher than side wall specifications, except with special permission of NEMBC. The RICC ballroom is carpeted. Exhibitor’s wishing to order additional carpeting shall be limited to the Exhibitor’s booth(s) only, and will not be permitted to cross an aisle. Exhibitor shall not use a display that varies in any significant way from its description in the General Exhibitor Information.
2. Installation and Dismantling: The specific requirements as to time for installation and dismantling of as noted on the General Exhibitor Information page shall be binding upon the Exhibitor as though fully set forth herein. All displays must be in place and set up at least one hour prior to the official opening of the Exposition Facility. Space not occupied by that time may be re-assigned for other purposes by MMBA. If the booth is not set up during official installation hours, NEMBC will instruct the Official Contractor to set the booth and this cost will be charged to the Exhibitor. No Exhibitor will be permitted to dismantle a booth prior to the official close of the show.
3. Contractor Services; Use of Union Labor: NEMBC has agreements with contractors (hereinafter “Official Contractors”) to provide various services to exhibitors. They will provide all Exposition services other than supervision. Exhibitors will provide only the material and equipment that they own and intend to use in their exhibit space. All other items or Exposition services may be provided only by the Official Contractors, as set forth in the Exhibitor Service Kit, which contains forms and instructions for obtaining the necessary services. All services not ordered in advance must be procured through the Exhibitor Service Desk(s), which will be maintained in the Exposition Facility. Where a union contract covers the Exposition, it will be necessary that all Exhibitors use qualified union personnel for the various services required for material handling within the show. The handling, placing or setting of merchandise that is to be displayed does not require union labor and may be done by the Exhibitor. In addition, the installation or dismantling of a booth which does not require the use of hand tools, or more than one person, and can be accomplished within 30 minutes, may be performed by the owner or company representative. Please consult your official Exhibitor Service Kit for union rules relating to the Exposition Facility.
4. Protection of Exposition Facility: Nothing shall be posted on, or tacked, nailed, screwed or otherwise attached to columns, walls, floors or other parts of the Exposition Facility without permission from the proper building authority. Packing, unpacking and assembly of exhibits shall be done only in designated areas and in conformity with the direction of the NEMBC and the Exposition Facility Manager or their assistants.
5. Subletting Space: No Exhibitor shall assign, sublet or apportion the whole or any part of the space allotted to it. Nor shall any exhibitor exhibit or promote within a booth space any products, materials or services that the Exhibitor does not develop or distribute in the regular course of its business, or allow any other person or party to do so.
D. Booth Operations:
1. Hours of Operation: The NEMBC may from time-to-time promulgate such regulations governing hours of access to displays and eligibilities for admission thereto as may be found in its judgment to be most practicable.
2. Music: The playing of music or any form of sound amplification is strictly prohibited, or up to the discretion of the NEMBC 2010 Committee.
3. Food, Beverages and Ancillary Services: Dispensing or serving of beverages, food or providing ancillary services from a booth must be approved by the Exposition Facility and the NEMBC before the commencement of the Exposition. Exhibitors who manufacture, process or distribute food in the normal course of business may distribute food samples, provided their food samples are not larger than two (2) ounces, and the beverages are no larger than three (3) ounces. Exhibitors who do not manufacture, process or distribute food in the normal course of their business and would like to distribute food samples must purchase their food samples for the Exposition Facility’s Food & Beverage Department.
4. Animals/Pets: No live animal, reptile, fish or bird is allowed in the Exposition Facility, unless proper precautions have been made to control and restrain such animal, fish or bird, and for which written permission has been provided. Guide dogs may accompany a disabled or physically challenged person within the Exposition Facility.
5. Automobiles: Vehicles are prohibited from being brought into the Exposition Facility.
6. Bell People/Couriers: Bell People from surrounding hotels, as well as couriers are not allowed in the Exposition Facility, or onto the show floor. Deliveries must arrive at the loading dock to be moved by laborers or received by an Exposition Facility laborer at the doors. Bell People and couriers are expected to honor the Exposition Facility’s no-tipping policy while on property. Please do no offer any service provider a tip while at the Exposition Facility.
7. Decorations/Restrictions: The NEMBC and the Exposition Facility must approve all helium-filled balloons. The use of helium balloons, glitter, sand, adhesive backed decals or simulated snow types of material are not permitted in the Exposition Facility without permission from the NEMBC and the Exposition Facility. The Exhibitor will incur additional charges for the clean up of these materials.
8. Photo Development/Hazardous Chemicals/Waste: Storage of hazardous waste is prohibited at the Exposition Facility.Exhibitors must notify the NEMBC regarding photo development at which time the Exhibitor will then be informed on the proper disposal methods.
9. Security: The NEMBC undertakes no duty, nor assumes any responsibility for the protection of the property of the Exhibitor or its representatives, or of property used in connection with the Exhibit, from theft or damage or destruction by fire, accident or other cause. Small and easily portable articles shall be properly secured or removed after exhibition hours and placed in safekeeping by the Exhibitor. Any protection exercised, in fact, by the NEMBC shall be deemed purely gratuitous on its part and shall in no way be construed to create any liability.
10. Promotional Materials; Soliciting and Polling. Neither Exhibitors nor non-exhibitors shall distribute to the persons attending the Exposition and related conference any printed matter, including without limitation: company specific promotional materials; complimentary newspapers and other periodicals; samples; and souvenirs and the like, except from within rented exhibit space. Special distribution of such material elsewhere must be approved by the NEMBC. Distribution from booth-to-booth, or in the aisles, is forbidden, and Exhibitors must confine their exhibit activities to the leased space. Strolling entertainment or moving advertisements outside an Exhibitor’s assigned space is not permitted.
11. Prior Approval of Displays and Demonstrations Outside Exposition: Neither the Exhibitors nor non-exhibitors shall be permitted to provide demonstrations of products or services; display articles, equipment or information concerning services; or show movies/videos of such articles, equipment or services in private suites or rooms during an Exposition and related conference, except in accordance with prior agreements between the NEMBC and officials of the Exposition Facility.
E. Cancellations and Refunds: Notice of cancellation and request for refunds must be made in writing to the NEMBC, c/o the Massachusetts Mortgage Bankers Association.Refunds, less a 15% administrative fee, will be made only upon sale of your booth space. No refunds will be made for cancellations received 30 days (or less) prior to NEMBC.
F. Liability and Indemnification: Upon the Application for Exhibit Space becoming a binding contract in accordance with Paragraph B.1 above, Exhibitor assumes entire responsibility and hereby agrees to protect, indemnify, defend and save forever harmless the NEMBC, and the Exposition Facility, its officers; directors; owners; affiliated companies; and all employees and agents of all of them (hereinafter collectively called ‘indemnitees’) against (1) any personal injury to Exhibitor of its officers, agents, employees or guests, or to any other person in attendance at the Exposition; (2) any damage to, or loss of, any property of the Exhibitor or any of it officers, agents or employees, or of any other person in attendance at the Exposition; (3) any governmental charges or fines; and (4) any attorneys fees arising out of, or caused by, Exhibitor’s installation, removal, maintenance, occupancy or use of the Exposition Facility, or a part thereof, excluding any such injury, loss, damage or other liability caused by the gross negligence or willful conduct of the Indemnitees, their employees and agents. Exhibitor also expressly releases the Indemnitees from and agrees to indemnify them against any and all claims for the specified injury, damage, loss or other liability and hereby waives any and all claims that may accrue to Exhibitor. In addition, Exhibitor acknowledges that the NEMBC and other Indemnitees do not maintain insurance covering Exhibitor’s property, and that it is the sole responsibility of Exhibitor to obtain business interruption and property damage insurance covering losses by Exhibitor relative to its property.
G. Compliance with Federal, State and Local Laws: Exhibitor shall comply with all federal, state and local laws, including but not limited to fire regulations. The NEMBC has no responsibility for Exhibitor compliance with applicable laws.
