Execution or submission of this contract establishes a formal contract between the named company (the “Sponsor”) and TheHomeMag Exchange Events (“THM”) under the following terms and conditions (the “Terms”). The Terms are binding upon all registrants and attendees, including but not limited to, their agents, employees, and representatives who may attend an event. In submitting this form you confirm that you have the relevant authority, on behalf of the named company, to enter into this agreement.
PAYMENT: Once this contract has been signed or submitted, as applicable, a 50% deposit of the Total Cost (the “Deposit”) is due in order to guarantee participation. The remaining Total Cost is due at least 60 days prior to your first registered event or your sponsorship is subject to cancellation (collectively with the Deposit, the “Sponsor Fee”). THM reserves the right to withhold sponsorship benefits pre-event, onsite, and post event from unpaid sponsors. Representative(s) will not be permitted to attend the event unless the total fee has been paid in accordance with these terms.
EXPOSITION HOST VENUE AND DATE: THM events are scheduled for the cities specified above. Sponsor acknowledges and understands that the event dates and/or host venue may change or be rescheduled at THM’s sole discretion. THM will attempt to notify Sponsor of any such changes as far in advance as possible.
TRAVEL AND PARTICIPATION: Payment of the full fees, as outlined above, will entitle the representative(s) to participation at the one-on-one meetings and all programmed activities, hotel accommodations, reasonable transportation to and from airports and meals within the program unless otherwise stated. Registration deadline is 60 days before the event. Late registrations may be accepted at THM’s discretion but are not guaranteed full program benefits.
MEETING SPACE ALLOCATION: THM reserves the right, at its sole discretion, to designate meeting space or make changes in the location, size, layout, arrangement and display limits of the meeting space. Sponsor purchases only the right to meet and market within the confines of their designated meeting space. Marketing of any kind outside Sponsor’s designated meeting space without advanced written approval from THM is strictly prohibited. THM may revoke its approval should they determine that the approved marketing is inappropriate or disruptive for the audience or the event.
DISPLAYS AND PROMOTIONAL DISTRIBUTION: At its sole discretion, THM may withhold or withdraw permission to display items or distribute souvenirs, advertising, or any other material.
CANCELLATION BY SPONSOR: If Sponsor wishes to cancel all or part of this Contract, Sponsor must send notice of cancellation in writing. Sponsor’s failure to occupy exhibit space at the commencement of the event shall constitute cancellation by Sponsor. If Sponsor cancels more than 90 days before the Event, Sponsor may transfer their fees paid to the next event, or otherwise be liable for the Deposit. If Sponsor cancels less than 90 days before the Event, Sponsor shall be liable for 100% of the Sponsor Fee. Any refunds will be processed after the event. Sponsor is responsible for payment regardless of the reason for cancellation. If Sponsor cancels, THM shall have the right to use designated space or rent such space to another sponsor. Sponsor shall be required to pay the calculated Sponsor Fee even if THM re-lets the space to another sponsor.
CANCELLATION BY THEHOMEMAG EXCHANGE EVENTS: THM reserves the right to cancel any and all events or to terminate this contract or Sponsor’s participation in the events for any reason at any time upon written notice to Sponsor. Upon cancellation or termination by THM, THM’s sole liability to Sponsor, and Sponsor’s exclusive remedy, shall be a refund of the Sponsor Fee paid by Sponsor under this contract for the event(s) in which Sponsor is unable to participate due to such cancellation or termination. The organizers shall not be held responsible for any consequential loss incurred due to such cancellation.
INDEMNITY: Sponsor shall indemnify and hold THM harmless for and from any damage or loss arising from (i) Sponsor’s breach of any representation, warranty, or covenant contained in this contract, (iii) Sponsor’s damage of the premises or any property located on the premises, and/or (iii) Sponsor’s injury of any event participant or staff.
LIMITATION OF LIABILITY: Neither THM nor the event center shall be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by Sponsor, whether in an action in contract or tort, even if THM or the event center have been advised of the possibility of such damages. THM’s liability for damages hereunder shall in no event exceed the amount of fees paid by Sponsor under this contract.
CARE OF PREMISES: Sponsor shall not mark, deface or otherwise damage any furnishings or equipment provided, including booth structures, or the premises. Sponsor shall return all furnishings and equipment, and the premises in as good condition as they were received. Sponsor shall be liable for any damage caused by its failure to adhere to this provision.
OTHER RULES: Sponsor agrees to abide by all additional rules and regulations, and to execute any required releases, as THM may provide prior to or at the events from time to time, and such rules and regulations are hereby incorporated by reference and made a part hereof.
INTELLECTUAL PROPERTY: All content provided by THM during the events is protected by United States copyright laws and is the exclusive property of THM, its representatives, agents or its authors. You may not, under any circumstances, share, distribute, publish, repurpose, or sell any such content, or attempt to do so, in any way without the prior written consent of THM.
AUTHORIZATION: By signing this contract you acknowledge, agree, and consent that your company name, company branding, address, phone numbers, e-mail, and website addresses, and names and number of attending personnel will be treated as public domain information and may be available on THM’s website and/or other THM platforms and materials provided to Event attendees, as well as provided to the event center an any service vendor contracted to conduct work for the event. THM may, from time to time, contract third-party professional photographers, videographers, and other service providers to be present at events (“Approved Parties”). Therefore, please note that any photographs, videos and audio recordings taken at an event by THM or by Approved Parties may be used in future THM publications, online or in other THM promotional materials or may be used by the Approved Parties. Attendance or participation in the THM event constitutes your consent to THM’s and the Approved Parties’ use and publication of your brand, image and/or voice in photographs, videotapes, audiotapes or other electronic media pertaining to THM’s events and activities.
GOVERNING LAW; VENUE: This contract shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to principles of conflict of laws. Venue for all suits arising pursuant to this contract shall lie exclusively in the courts of Lee County, Florida. By execution and/or adoption of this contract, each party hereby submits to the in personam jurisdiction of all courts of Lee County, Florida.
ASSIGNMENT: Sponsor shall not assign or otherwise transfer any of its rights and obligations under this contract. Notwithstanding any other provision in this contract to the contrary, THM shall be free to assign and transfer any and all of its rights and obligations under this contract without the consent of Sponsor. This contract is binding upon and enforceable by each party’s permitted successors and assignees.
FORCE MAJEURE: THM shall not be held liable for any delays or cancellations of the events due to causes beyond its control, including but not limited to, acts of God, fire, flood, or other catastrophes; strikes, lock-outs, work stoppages or other labor difficulties, denial of service attacks, damage to transmission lines or devices and power failures.
ALTERNATIVE DISPUTE RESOLUTION: In the event of any dispute arising out of or in any way relating to this contract, the parties agree to immediately resolve this matter only by arbitration conducted in Lee County, Florida. The arbitrator’s decision and award shall be final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. The parties agree that if either party wants to arbitrate a dispute, either party may send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either party may submit the dispute to formal arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules. If any AAA rule conflicts with the terms of this contract, the terms of this contract apply. Unless the parties each agree otherwise, the arbitration will be conducted by a single neutral arbitrator with no less than fifteen (15) years’ experience as an arbitrator.
ATTORNEY’S FEES AND COSTS: In the event of any litigation, including arbitration, between the parties arising out of or relating to this contract, the prevailing party shall be entitled to recover from the non-prevailing party all costs and attorneys’ fees incurred, including attorneys’ fees in all investigations, arbitrations, trials, bankruptcies, and appeals.
ENTIRE AGREEMENT: This contract constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof. This contract may not be modified or amended except in a writing signed by a duly authorized representative of each party.