SPONSOR/EXHIBITOR TERMS & CONDITIONS
1. AGREEMENT TO TERMS, CONDITIONS AND RULES
Company agrees that these Terms, Conditions and Rules are an integral part of this Sponsorship Commitment (the “Agreement”) and that it is bound to observe and abide by the provisions of the following paragraphs and by such additional terms, conditions, and rules made by FirstService Residential Florida, Inc. and communicated to the Company from time to time and any terms, conditions, rules or materials provided by The Diplomat Beach Resort and/or Expo Convention Contractors Inc., including fire regulations, whether in print or electronic format, all of which are hereby incorporated in this Agreement.
2. COST OF SPONSORSHIP/EXPOSITION BOOTHS
The cost of sponsorship/exposition booths is set forth in this website.
3. PAYMENT OF SPONSHORSHIP/EXPOSITION BOOTHS
FirstService Residential Florida’s payment policy requires all Sponsorship Commitments be paid in full upon purchase. A $500 fine will be charged if conference requirements are not met, including exhibiting for the entire time of the conference, 10am - 6pm. Any payments not paid when due shall bear interest at the maximum contractual rate allowed by law.
4. CANCELLATION OF SPONSORSHIP/EXPOSITION BOOTHS
All payments are nonrefundable and nontransferable.
5. EXHIBIT SPACE ASSIGNMENT
Booth assignments are at the discretion of FirstService Residential. FirstService Residential Florida, Inc. shall assign the exhibit space to Company for the period of the exhibit. Such assignment is made for the period of this exhibit only and does not imply that the same or similar space will be held or offered for future exhibits. FirstService Residential Florida, Inc. reserves the right to terminate this Agreement, close the exhibit or remove the Company’s property from the exhibit space if FirstService Residential Florida, Inc. determines, in its sole discretion, that the Company has violated any part of this Agreement or any terms, conditions rules or materials provided by The Diplomat Beach Resort and/or Expo Convention Contractors, Inc.
6. EXHIBIT CONTRUCTION AND DESIGN SPECIFICATIONS
The Company agrees that the construction and design of the Company’s display shall comply with the guidelines detailed by Expo Convention Contractors, Inc. Such specifications are made a part hereof and fully incorporated herein.
7. SHOW HOURS AND DATES
Hours and dates for installing, showing and dismantling exhibits shall be those specified by FirstService Residential Florida, Inc. No trunks, cases or exhibit materials shall be brought into or out of the exhibit space during exhibit hours and no dismantling or packing may be started before the official close of the exhibit. All exhibits must be open for business during exhibit hours and appropriate representatives of Company must be present in the exhibit space at all times during the open hours of the exhibit. A $500 fine will be charged if conference requirements are not met, including exhibiting for the entire time of the conference, 10am - 6pm.
FirstService Residential Florida, Inc. and The Diplomat Beach Resort shall not be held responsible for the safety of exhibits against fire, theft, or property damage, or for accidents to Company or its representatives from any cause prior to, during, or subsequent to the exhibit. Company is required to obtain commercial general liability, worker’s compensation and employee liability coverage, commercial automobile liability coverage and property coverage at the Company’s own cost and expense in the following amounts:
A. Workers Compensation and employers liability coverage:
1. Workers Compensation – Statutory limits of insurance covering employees, including principals. In the event the principal has waived coverage for himself/herself, it is hereby agreed by all parties that the principal may not perform work under this Agreement.
2. Employer ’s liability limits.
a. $500,000 for bodily injury caused by accident, each accident
b. $500,000 for bodily injury caused by disease, each employee
c. $500,000 for bodily injury caused by disease, policy limit
3. Waiver of subrogation in favor of FirstService Residential Florida, Inc. and The Diplomat Beach Resort.
B. Commercial General Liability Coverage extended to include:
1. Limits of insurance
a. $1,000,000 each occurrence for bodily injury and property damage
b. $2,000,000 products/completed operations aggregate
c. $1,000,000 personal and advertising injury
d. $2,000,000 general aggregate per location
e. $5,000 medical expense
f. $100,000 damage to rented premises
2. Coverage on an occurrence form.
3. Contractual liability coverage.
4. Waiver of subrogation in favor of FirstService Residential Florida, Inc. and The Diplomat Beach Resort.
C. Commercial Auto Liability insurance extended to include:
1. Automobile Bodily Injury and Property Damage, covering all automobiles, trucks, trailers, tractors, motorcycles, or other automotive equipment, whether owned, leased, borrowed
or rented by Company, or by employees of the Company.
2. Symbol 1 “Any Auto” must be used for automobile liability
3. Limits of insurance:
a. $1,000,000 Combined Single Limit
b. $1,000,000 Non Owned/Hired Auto
c. $10,000 Medical Payments
d. If the Company utilizes the services of an employee leasing company then its Commercial Auto Liability policy must include ISO endorsement CA 23 25 07 97 Coverage for Injury to Leased Workers.
e. Waiver of subrogation in favor of FirstService Residential Florida, Inc. and The Diplomat Beach Resort.
D. Property insurance extended to include:
1. Replacement cost (with limits sufficient to cover all property brought on the premises) and special perils (including wind/hail) for any business property utilized/displayed at the exhibit.
2. Waiver of subrogation in favor of FirstService Residential Florida, Inc. and The Diplomat Beach Resort. A sample certificate of insurance will be provided to you by FirstService Residential Florida, Inc.. FirstService Residential Florida, Inc. and The Diplomat Beach Resort and any and all of their affiliated or related entities, directors, officers, employees, servants, volunteers and agents must be named as additional insureds under the Commercial General Liability policy using Additional Insured Endorsement forms CG2010 and CG2037, 7-04 editions, or endorsements with equivalent or broader coverage which shall be attached to the certificate. FirstService Residential Florida, Inc. and The Diplomat Beach Resort must also be listed as additional insureds under the Commercial Auto Liability policy. Coverage for additional insureds shall apply as primary and non-contributing insurance before any other insurance or self insurance, including any deductible, maintained by or provided to the additional insureds. All insurance carriers providing coverage must be financially sound, be rated A- VIII or better in the most current Best’s Insurance Reports or Best’s Key Rating Guide and must be authorized to do business in the State of Florida. An original certificate of insurance with the above-described endorsements must be provided evidencing coverage in accordance with the terms set forth herein.
9. FORCE MAJEURE
Should any circumstance beyond the control of, and not the fault of FirstService Residential Florida, prevent the exhibit from being held as scheduled or materially affect the exhibit, or the availability of the exhibit space for uses herein specified, including, but not limited to, war, governmental action or order, act of God or nature, terrorism, fire, strikes, labor disputes, or any other cause beyond the control of FirstService Residential Florida, Inc., this Agreement shall immediately terminate and no fees shall be returned.
Company may not assign to a third party any rights under this Agreement or any rights hereunder or permit any party to use the exhibit space or any portion thereof without the written consent of FirstService Residential Florida, Inc. which may be withheld in its sole discretion.
11. SALES OR TRANSFER OF EXHIBITOR’S BUSINESS
Company agrees to promptly notify FirstService Residential Florida, Inc. if there is a sale or transfer of a substantial portion of the assets of Company’s business, or a transfer of a controlling equity interest in the Company’s business, or if Company makes an assignment of its business for the benefit of creditors, or if Company admits in writing its inability to pay its debts as they come due, or if Company files a voluntary petition in bankruptcy, or if Company is adjudicated as bankrupt or insolvent. If any of the foregoing events occur, FirstService Residential Florida, Inc. may, at its option, terminate this Agreement.
12. UNION LABOR
Company must comply with all union regulations applicable to set-up, display, and dismantling of its exhibit.
13. COMPLIANCE WITH LAWS
Company shall bear responsibility for the compliance with any and all local, city, state, and federal laws, ordinances, and regulations, including Hilton Hotels & Resorts and The Resort’s policies, rules and regulations.
14. OBSERVANCE OF LAWS: AMERICANS WITH DISABILITIES ACT
Company shall abide by and observe all laws, rules, regulations, and ordinances of any applicable governmental authority and all rules of The Diplomat Beach Resort warrants and represents that it is in full compliance with the Americans with Disabilities Act and all regulations thereunder and agrees that it shall be responsible for the readily achievable removal of barriers relating to its exhibit and the provision of auxiliary aids and services where necessary to ensure effective communication of Company’s product or services to disabled attendees at the exhibit.
15. COPYRIGHTED WORKS
Company acknowledges and agrees that it shall be solely responsible for obtaining any licenses, permits, etc. which may be required for it to broadcast, perform, or display any copyrighted materials including, but not limited to, music, video, software.
16. ELIGIBLE EXHIBITS
Exhibits will be limited to company materials, products and services of interest to conference attendees. FirstService Residential retains the right to determine the eligibility of any exhibit, display or product and, at its sole discretion, eject, reject or prohibit any exhibit in whole or in part upon FirstService Residential’s good faith determination that the exhibit does not comply with conference regulations or attendees’ interests.
17. EXHIBITOR CONDUCT
Company and its representatives shall not congregate or solicit trade in the aisles. The prior written consent of FirstService Residential Florida, Inc. is required for the mechanical reproduction of lights and sound. Such use shall be confined to the exhibit space. FirstService Residential Florida, Inc., in its sole and absolute discretion, may withdraw its consent at any time, in which event, Company shall terminate such activity forthwith. The exhibit space shall not be used for entertaining. Company shall not lead potential customers from one exhibit space to another. Company shall not enter into another exhibitor’s space without invitation or when unattended. Neither Company nor any of its representatives shall conduct themselves in a manner offensive to standards of decency or good taste. Further, FirstService Residential Florida, Inc. shall have the right to remove and ban Company and/or any of its individual representatives from the exhibit building if FirstService Residential Florida, Inc., in its sole discretion, determines that Company or any of its representatives are not able to conduct themselves in a professional manner towards fellow exhibitors and/or the staff of FirstService Residential Florida, Inc., The Diplomat Beach Resort, Expo Convention Contractors, Inc., or any of their respective officers, agents, employees other representatives.
18. DRESS OF ATTENDANTS
Dress not regularly associated with the business and professional character of the exhibit must have the approval of FirstService Residential Florida. Business attire is recommended.
19. FOOD & BEVERAGE
All food and beverages will be provided by FirstService Residential Florida, Inc. and The Diplomat Beach Resort. Company may not provide any additional food or beverage items. Company will not be permitted to sell, serve, or give away alcoholic beverages at the exhibit.
20. GOVERNING LAW; AMENDMENTS; ENFORCEABILITY
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to conflict of laws provisions, and venue shall be deemed to lie in Broward County, Florida. This Agreement may not be amended or modified except by a written communication by FirstService Residential Florida, Inc. In any legal action arising from this Agreement, the prevailing party shall be entitled to recover all costs and reasonable attorneys’ fees incurred (whether pre-litigation, mediation, trial or appellate level). If any term or condition of this Agreement is, to any extent, invalid or unenforceable, the remainder of this Agreement is not to be affected thereby and each term and condition of this Agreement is to be valid and enforceable to the fullest extent permitted by law.
To the fullest extent of the law, the Company shall indemnify, defend, and hold harmless FirstService Residential Florida, Inc. and The Diplomat Beach Resort and their affiliated or related entities, partners, officers, directors, agents, servants and employees from any liabilities, costs, penalties, fines, fees, losses, suits, demands, causes of action, judgments, obligations, claims and expenses, including but not limited to reasonable attorneys’ fees and associated costs (whether pre-trial, at trial, mediation or arbitration and/or in connection with any appeal) incurred, sustained, arising out of or connected with any injury to person or property however caused, or from any matter whatsoever arising from or in connection with the Company’s use of the exhibit space regardless of whether or not such liability is caused in part by a party indemnified hereunder. FirstService Residential Florida, Inc. shall not be liable for any claims or damages arising directly or indirectly out of this Agreement including enforcement hereof. The terms of this provision shall survive the termination or expiration of this Agreement.
22. RIGHT OF REFUSAL
FirstService Residential Florida, Inc. reserves the right to refuse program participation to any person or Company for any reason, in its sole discretion. Participation cannot be assigned or transferred to any other Company than the registered Company.
FirstService Residential reserves the right to create or have created for it photographic, video and other visual portrayals ("Images") of exhibitors and their exhibits, including its contents and booth personnel and attendees. FirstService Residential may use these images in any pictorial medium of any nature whatsoever for the purpose of advertising, sales, publicity and otherwise, without compensation to exhibitor and all rights, title and interest, including all worldwide copyrights therein. These images will be FirstService Residential’s sole property, free of any claims of the exhibitor or any persons deriving any rights or interest from Exhibitor.
These Terms & Conditions are subject to change without notice.