1. PAYMENTS/TERMINATION. Exhibitor shall have the right to cancel this
Agreement by delivering notice in writing to Home Builders Association of
Portage & Summit Counties (“HBA”), however, upon any such cancellation,
the full balance of the reservation fee shall be immediately due and payable.
All payments received by HBA up to the date of such notice of cancellation
are NON-REFUNDABLE and NON-TRANSFERABLE. In the event Exhibitor:
(1) fails to make payments in accordance with the payment schedule set
forth in this Agreement; or (2) fails to appear at the show, HBA reserves the
right to cancel this Agreement without notice and retain any payment(s)
made by Exhibitor, and all rights of Exhibitor hereunder shall cease and ter-
minate. In the event either of the forgoing circumstances occurs, HBA has
the right to: (1) re-sell Exhibitor’s reserved space; and/or (2) bring action
against Exhibitor for payment of any remaining fee owed by Exhibitor to
HBA under this Agreement.
2. COMPLIANCE WITH LAWS. Exhibitor agrees to obey all federal, state and
local laws, ordinances and regulations governing the use of the exhibit facili-
ty and to abide by the rules and regulations of local police/fire departments,
and such other public ocials who may regulate such exhibits. Exhibitor
agrees to obtain at its own expense any licenses or permits required for the
operation of business during the show, and to pay all taxes assessed result
of the operation of its business during the show.
3. PROHIBITED/PERMITTED CONDUCT.
All decorative materials used in
displays must meet fire regulations. No tacks, nails, or screws may be
driven
into the walls or floors of the exhibit facility. No tape, adhesives or
pressure-sensitive stickers may be placed on facility walls or pillars. No stick-
ers or helium balloons may be distributed. No signs shall be displayed in
the booth space that state a definite product price. Prices may be promot-
ed
through booth literature. The playing, performing or other use of any
copy
righted music in television or radio transmission, videotape, audiovisual
material, or any other work, whether live or recorded, by exhibitor or agents,
representatives or employees is expressly prohibited. Exhibitor is prohibited
from distributing food and beverages in the facility. Failure to comply with,
or blatant disregard for, any of these rules may result in Exhibitor not being
invited to participate in future shows and may constitute a material breach
of this Agreement, thereby entitling HBA to exercise its rights of cancellation.
Nothing may be stored behind back wall drapes and all aisles must be kept
clear. Interviews, demonstrations and distribution of literature must be done
inside Exhibitor’s booth space. Exhibitors must keep booth space clean. Ex-
hibits must be attended-to during all show hours. No loudspeakers will be
allowed on the exhibit floor. Small sound amplification systems may be used
only with written permission of HBA, and any sound must not interfere with
neighboring exhibitors.
No exhibitor may assign this Agreement or permit any other company
to
share exhibit space.
4. EXHIBITOR BOOTHS. . Each exhibit shall be arranged so as not to obstruct
the general view (sight lines) nor hide the exhibits of others. No signs,
apparatus, construction, etc. may extend more than 8’ above the floor in
Exhibitor’s booth space. Each exhibit may extend forward 4’ feet from the
rear wall at the 8’ height, but further extension must be limited to a 3’ height.
Deviations from these regulations may be permitted only with written HBA
approval. Booth tents can only be used along permanent walls of the facility
and cannot exceed booth parameters.
Tables, electric, parking passes, admission tickets are not included in the
cost of a booth. Order forms for these and other items and services will be
made available for Exhibitor to obtain at Exhibitor’s sole expense. HBA re-
serves the right to reassign booth locations as it deems necessary and in its
sole discretion.
Exhibitor is required to include plants and/or flowers at the exhibit val
ued
at least $18.00. Exhibitor may pre-order from a wholesale distributor
secured by HBA or choose their own vendor. Exhibitor’s failure to comply
with the requirement will result in the assessment of $40.00 penalty.
5. INSURANCE. Exhibitor is responsible for insuring all exhibits, personnel, dis-
plays and materials from any damage or loss through theft, fire, accident,
or other causes. Exhibitor agrees to maintain Commercial General Liability
Insurance, at its own expense and for entire the period of the show, which
names HBA as additional insured and covers Exhibitor against any and all
claims arising from or related to Exhibitor’s presence or conduct at the show.
Said policy shall provide coverage of at least $250,000.00 per occurrence.
Exhibitor must provide HBA with a certificate of insurance for said policy.
6. INSTALLATION/REMOVAL OF EXHIBITS. All exhibits shall remain in place
and shall NOT be dismantled until the ocial closing of the show. There will
be a $250 penalty fee for tear-down prior to the end of the show. Violators
will be notified by letter, billed $250 within 10 days of the show and forfeit
the opportunity to participate in future shows. Exhibitors may begin move
in NO EARLIER than the time and day designated by the move-in sched-
ule. All booths and contents must be in place one hour prior to the start
of the show. All exhibits must remain up throughout the show and must be
removed during designated move-out hours as specified by HBA.
7. REJECTION OF APPLICATION/CANCELLATION OF AGREEMENT. HBA
reserves the right, in its sole discretion, to reject any applicant and reserves
the right to cancel this Agreement and regain possession of any space at
any time by refunding any payments made under this Agreement to Exhib-
itor. HBA reserves the right to limit products/services to maintain a healthy
balance of show exhibits.
8. LIABILITY FOR LOSS. Neither HBA nor the facility will assume liability for
loss or damage, through any cause, of equipment, products, goods, exhibits,
or other material owned, rented or leased by Exhibitor. Exhibitor shall be
responsible for any damage caused to the facility, including labor charges
to remove stains or adhesives from wall or floors. Exhibitors will be billed
for such damage in an amount determined by the facility. If a show guide/
program is produced for the show, HBA is not responsible for any errors or
omissions in the said program. Exhibitor expressly waives and releases any
and all claims against HBA for loss of business, loss of profits, consequential
or special damages.
9. CANCELLATION OF SHOW. Should the show be totally or partially can-
celled as a result of flood, communications failure, extreme weather, fire,
earthquake or other natural calamity, riots, civil disorders, rebellions or
revolutions, acts of governmental agencies, quarantines, embargoes, mali-
cious acts of third parties, labor disputes aecting vendors, acts of god,
or any other circumstances outside the control of HBA, the contractual re-
sponsibility between Exhibitor and HBA shall be considered to be satisfied
and Exhibitor will not be entitled to a refund of any payments made under
this Agreement.
10. INDEMNITY. Exhibitor agrees to indemnify the facility and HBA, including
their respective ocers, directors, owners, employees, insurers, agents,
representatives and assigns, against and from all claims for bodily injury,
property damage or any other claims, including reasonable attorneys’ fees,
costs and expenses, resulting from: (i) any breach of any representation or
other obligation of Exhibitor under this Agreement; (ii) any act or omission
of Exhibitor; and/or (iii) any negligent or willful misconduct by Exhibitor or
its employees.
11. VENUE AND DISPUTE RESOLUTION. All claims, disputes and other mat-
ters in question arising out of, or relating to, this Agreement, or the breach
thereof, shall be decided by litigation and the parties agree that the proper
jurisdiction and venue for any such action shall be in the courts of Summit
County, Ohio, and the Parties waive their right to a jury trial. In the event HBA
is required to bring legal action to enforce its rights under this Agreement, it
shall be entitled to recover from Exhibitor reasonable attorney’s fees, costs
and expenses incurred by in connection with such action.
12. MEDIA RELEASE. Exhibitor consents to be photographed, filmed and
otherwise recorded during the show. Photographs, recordings, other de-
pictions, references or descriptions of the event may be used by HBA for
promotional, advertising or other purposes without consent of Exhibitor.
Exhibitor hereby waives any claim for payment or other consideration from
HBA for the use of such materials.
13. MISCELLANEOUS. Exhibitor may not assign this Agreement without prior
written consent of HBA. HBA may assign this Agreement without consent
of Exhibitor. This Agreement constitutes the complete and exclusive agree-
ment between the parties concerning its subject matter and supersedes
all prior or contemporaneous agreements. Any modification or amendment
of any provision of this Agreement will be eective only if in writing and
signed by duly authorized representatives of both parties.
EXHIBITOR APPLICATION : TERMS & CONDITIONS
Company Name Vendor Initials
2022 AHGS Application Rev. 12.29.21
www.akronhomeandgardenshow.com
SAVE THE DATE
February 18-20, 2022
JOHN S. KNIGHT CENTER
