SPACE/BOOTH CONTRACT,
(this “contract”) by and between LAUNCH Shows., a production of INDIE INDUSTRIES LLC a California
Corporation and approved vendor ______________________.
For receipt of valuable consideration as stared herein, the sufficiency
of which is hereby acknowledged, LAUNCH Shows and Vendor hereby represent,
warrant, acknowledge and agree, on the terms and conditions set forth herein,
as follows:
LAUNCH Shows shall designate and reserve an area (the “Space”), the
size of which is specified in your LAUNCH online account attached
hereto, for the sole and exclusive use of the vendor during the hours of 10:30am and 7:00pm on Sunday December 14, 2008 (the “ Event”) at W Hotel & XYZ Lounge - San Francisco.
- (The “Premises”)
- Vendor shall be responsible for arranging for any personnel
and/or furnishing any equipment, including without limitation
tables, chairs, partitions, inventory, and supplies,
necessary to the operation of the space.
- Vendor shall be
checked in and occupying the Space no earlier than 10:30am
and no later than 11:30am on the day of the Event.
- Vendor
shall remain in operation for the entire schedule time of
the Event from 12pm and 6:00pm
- Vendor shall set or promote
only such merchandise as has been pre-approved by LAUNCH
Shows in its sole discretion.
- All materials, including
without limitation any merchandise, props, banners, and storage
or other containers, must fit within the dimensions of the
Space.
- Vendor shall keep the Space in a clean, proper condition; Vendor
is responsible for cleaning the Space after the Event and
disposing of any refuse. Vendor acknowledges that any unacceptable
activity in the space can result in automatic termination of this contract
and expulsion from the event at the sole discretion of LAUNCH Shows.
- Vendor shall be liable for (i) any damages done to the Premises in the
Space and (ii) for damages caused by Vendor or any of Vendor
representatives, agents, or employees anywhere on the Premises;
- Vendor shall
vacate the Space on the Premises no later than 7:00pm on
the day of the event. No furniture, materials, equipment
or other materials may be left overnight. Vendor acknowledges that anything
left in the Space or on the Premises after the event may be disposed of
by LAUNCH Shows at the request of The Premises, and that any such materials
will be the sole responsibility of the vendor and further
acknowledges that LAUNCH Shows is not and will not be
responsible for any damaged or missing items;
- Vendor agrees
to indemnify and hold harmless LAUNCH Shows against any
and all liabilities arising from the use to the Space or
otherwise arising from the conduct of the operations covered by this Contract.
Vendor hereby represents and warrants that Vendor has obtained all business
licenses and is solely responsible for calculating and reporting to
the appropriate taxing authorities all taxes arising from
the sales of applicable items.
- Sublease or otherwise share
the Space or any part thereof, with any other persons, including
any other participants of LAUNCH
Shows, without prior consent of LAUNCH Shows; or (b) posses
any alcohol within the booth space.
- Equipment Rental. Any
equipment rented under this contract as specified on in your LAUNCH online registration attached hereto is for use during the Event and solely
in the Space. Vendor agrees that Vendor has rented the item(s) (the “Rental
Item(s)) herein described upon the express conditions that (i) such
Rental items wail at all times remain the property of LAUNCH Shows or LAUNCH Shows' rental agent, (ii) Vendor
has examined said Rental Item(s) found such Rental Item(s)
to be in good condition and will return such Rental Item(s)
in the same condition as received, ordinary wear and tear
excepted. (iii) Vendor will return at once to LAUNCH Shows any rental items(s) not function normally. (iv) Vendor
will pay promptly when due all amounts owed under this contract
for such Rental Item(s), including any and all damages to
such Rental Item(s) In the event Vendor fails to return such
Rental Item(s) at the agreed time or fails to abide by any
of the other provisions of this Contract, LAUNCH Shows
or LAUNCH Shows’ rental agent may reposes it without notice to Vendor
and each of LAUNCH Shows and LAUNCH Shows' rental agent is released
hereby released from any and all claims arising from or related to such
repossession. Neither LAUNCH Shows nor LAUNCH Shows' rental agent
is responsible for accidents or injuries caused directly or indirectly in
the use of any Rental Items(s).
- Credit Card Services, Business License, and state, local and/or federal taxes:
- Vendor is reponsible for mataining all required licences and/or permits required to do business in the state and city of the event.
- Vendor is solely responsible for accepting various forms of payment, including cash, check and credit/debit cards. Merchant services (credit card services) will not be provided by LAUNCH Shows.
- Miscellaneous
- General terms and conditions
- The standard booth space is 4ft x 4ft OR 4ft x 6ft OR 6ft x 8ft OR 10ft x 10ft
- The rental fee varies per booth, location, and time of registration.
- Payment must be made by credit card using online registration at launchshows.com.
- iv. Checks, cash or cashiers checks are not accepted
- v. All space/booths must be paid in full no later than the specified
date in the space order.
- Terms of the Contract; This Contract shall remain in full force
and effect until the completion of LAUNCH Shows.
Sections 8, 10, 12, 13 and 14 shall survive the termination of the contract.
- Termination
by LAUNCH Shows. LAUNCH Shows shall be entitled to terminate
this Contract in its sole discretion. In the event of a termination by LAUNCH Shows, LAUNCH Shows shall be entitled to receive payment
from Vendor for any and all amount payable to LAUNCH Shows.
- Entire Contract. No representation, warranty, inducement, promise,
understanding or condition not set forth in this contract has been made
or relied on by and any party in entering into this contract.
- Assignment. Neither this Contract nor any of the rights, interests
or obligations under it may be assigned be Vendor (whether by operation
of law of law or otherwise) without the prior written consent of LAUNCH Shows.
- Governing Law. This contract and its enforcement will be governed
by, and interpreted in accordance with, the laws of the State of California
without Regard to Principles of conflict of law.
- Waiver; Amendment; Consent.Any provision of this Contract may
be amended or waived, but only if the amendment or waiver is in writing
and signed, in the case of an amendment, by all parties, or in the case
of a waiver, by the party that would have benefited by the provision waived.
In order to be effective, any consents required under this Contract must
be in writing and signed by the party granting consent.
- Counterparts. This contract may be executed in two or more counterparts,
each of which will constitute and original and all of which, when taken
together will constitute one agreement.
- Severability. If any of the provisions
of this Contract is found by governmental authority of competent jurisdiction
to be in violation of applicable law or unenforceable for any reason,
then it is the intention of the parties that (a) the provisions be deemed
to be automatically amended to the extent necessary to comply with applicable
law and permit enforcement and (b) the finding not affect the finding
effect of the other of the other provisions of this contract; unless the
amendment of the finding (after giving effect to any permitted amendment)
materially impairs the economic benefit to be derived by a party from
the transactions contemplated by this contract, taken as whole.
- No Special Damages; Limits on Liability. Vendor
agrees that LAUNCH Shows will have no liability for special, indirect,
incidental, consequential or punitive damages (including damages for the
interruption of business or loss of business. In no event will LAUNCH Shows' aggregate liability arising under this contract exceed an
amount equal to the transaction fees paid to LAUNCH Shows hereunder.
- Vendor has read
and understood the terms of this contract. Vendor
acknowledges that failure to abide by the policies and procedures of LAUNCH Shows and/or any terms of this contract may result in termination
by LAUNCH Shows without refund of the rental fee to vendor.
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