Contract General Rules & Regulations for IPC APEX EXPO 2017
General Event Information: IPC's obligation to hold the Event is conditioned upon the facility in which the event is scheduled to be held (the "Facility") making available the space applied for by IPC during the time period set forth above. IPC makes no representations or warranties regarding the number of persons who will attend the Event, such numbers being impossible to predict accurately ahead of time.
A. Qualification of Exhibitors
Exhibitor must be a manufacturer or independent representative of a manufacturer which produces products that conform to the subject matter covered by the technical programs, or that are used in relevant ancillary work (such as trade publications, associations, etc). IPC (Exhibition Management) reserves the right to determine the eligibility of a product for display, and to deny participation to any exhibitor whose business is determined in Exhibition Management's sole discretion to fail to meet the criteria or is otherwise inappropriate for the subject matter of the exhibition.
B. Products and Services to be Exhibited
No exhibitor shall exhibit, or permit to be exhibited, in the space allotted to it any goods or services other than those specified in the application as approved by exhibition management, nor shall it exhibit, or permit to be exhibited therein, displays or advertising material of any sort, bearing any name or form of advertisement other than its own.
C. Space Usage and Allocation
The space applied for is to be used solely for the exhibitor whose name appears on the application and it is agreed that the applicant will not assign, sublet or apportion the whole or any part of the space allotted, without the prior written approval of Exhibition Management.
D. Payment and Cancellation of Exhibit Space
Only one annual IPC membership discount allowed per IPC APEX EXPO event. If IPC membership lapses prior to the event , standard rates will apply.
E. Cancellation & Refund Policy
Cancellation of space made in writing on or before September 16, 2016 will result in a charge of 50% of the total cost of the space assigned. If a request for downsizing is received in writing on or before September 16, 2016, a 50% refund of the price differential will apply. Notification of downsizing or cancellation received after the dates specified above will not be subject to refund of any portion of the differential. IPC reserves the right to relocate the booth of the Exhibiting Company requesting downsizing.
Delinquent Payment Penalty
IPC reserves the right to apply a $6.00 per square foot penalty for any company that is not paid in full by September 16, 2016.
IPC reserves the right to cancel booth space for delinquent payment and not refund any partial deposit received by IPC. If IPC cancels booth space for delinquent payment, IPC will notify such exhibitor via e-mail and via certified letter. Forfeitures of any kind may not be applied to advertising, sponsorships, membership dues or future IPC events or programs. All cancellations or booth reductions must be in writing to IPC.
F. Cancellation of the Event
Should any contingency interrupt, prevent, or in Exhibition Management's sole discretion make unduly burdensome or inadvisable the holding of the IPC event, Exhibition Management will return such portion of the amount paid for space as may be determined to be equitable by Exhibition Management after deduction of such amounts as may be necessary to cover expenses incurred by Exhibition Management in conjunction with the event. If for any reason, Exhibition Management determines that the location of the Exhibition should be changed or the dates of the exhibition postponed, no refund will be made, but Exhibition Management shall assign to the exhibitor, in lieu of the original space, such other space as Exhibition Management deems appropriate and the exhibitor agrees to use such space under applicable rules and regulations. Exhibition Management shall not be financially liable or otherwise obligated in the event the exhibition is canceled, postponed, or relocated except as provided herein.
G. E-mail and Fax Authorization
Exhibitor authorizes Exhibition Management, Official Event Contractors and industry media supporters to e-mail and fax show related materials to the contact, fax number and e-mail address specified by the exhibiting company on the previous page.
H. Standard Booth
Space rental shall include a drape background 8' high along the back wall with side rails 36" high with uniform identification sign 7" x 44" showing exhibitor's name.
I. Exhibit Construction Regulations
All exhibit fixtures and components exceeding 12' high must have drawings available for inspection by Exhibition Management, the installation and dismantling contractor, the exhibitor, and governmental authority during the time the exhibit is being erected, exhibited, and dismantled at the exhibition site that include a signature or a stamp of a reviewing structural engineer that the structure design is properly engineered for its proposed use and a signature of an authorized official of the exhibit building company indicating that the structure is built in compliance with the details and specifications set forth on the drawing.
J. Fire Regulations/Laws
Exhibitor shall perform the Agreement in compliance with all applicable governmental laws and regulations, including, but not limited to, labor laws, workers compensation laws, the Americans with Disabilities Act, and fire, safety, and health regulations, and shall indemnify, defend and hold harmless Exhibition Management, its contractors, the Convention Center, and their respective officers, directors, employees and agents, and each of them, from any claims made against any of them arising out of any alleged breach by exhibitor of laws and/ or regulations. All materials used for decorative purposes shall be flameproof. Crepe paper, corrugated paper, cardboard, smoke machines, or other combustible materials are prohibited. Explosive materials and inflammable materials which conflict with the Underwriters Fire Prevention or Fire Department rules are prohibited. Exhibitors must when installing a display with a ceiling or a second level check with the local fire department to ensure that their display meets with the necessary fire safety precautions involving smoke alarms, fire extinguisher, sprinkler systems, etc.
K. Union Labor and Work Agreements
The exhibitor hereby agrees to abide by all agreements made between the unions, IPC, its agents, and the Convention Center pertaining to the use of union labor.
L. Badges and Exhibit Personnel
Admission will be by badge only. Identification badges are not transferable. The exhibitor shall have an authorized representative present at the exhibition throughout all exhibit periods and during the installation and dismantling of the exhibit. The name of the authorized representative shall be furnished to Exhibition Management no later than 60 days prior to the event. Only contracted exhibitors shall receive "Exhibitor" designated badges.
M. Prohibited Functions
Any function that is not part of the "official program" or an approved exhibitor networking/hospitality function or staff meeting is prohibited. The prohibited functions may include but are not limited to: banquets, breakfasts, luncheons, parties, hospitality suites, meetings, seminars, technical programs, sporting events, social functions or any other program during the event, from the first meeting to the close of the event. Any company found in violation may be barred from exhibiting, may have their booth reduced by 50% for the following year's event, and may be moved to the end of the space selection process for the following year's event.
N. Age Restriction
Individuals under the age of 18 (including infants) will not be permitted on the exhibit floor during move-in or move-out, regardless of affiliation or circumstances.
O. Liability Release and Indemnification
Exhibitor releases the San Diego Convention Center Corporation, Inc., City of San Diego, Exhibition Management, its contractors and their respective directors, officers, employees, agents, and members, and each of them, from any claims, liabilities, losses, damages, costs, or expenses relating to or arising out of any injury to any personnel of exhibitor or to any personnel of exhibitor or to any other person or any loss of or damage to any property of exhibitor or any other property where such injury, loss, or damage is incident to, arises out of, or is in any way related to exhibitor's participation in the event, and the exhibitor shall be responsible for any such injury, loss, or damage, and any expenses relating thereto. Exhibitor shall indemnify, defend and hold harmless the San Diego Convention Center Corporation, Inc., City of San Diego, Exhibition Management and its contractors, and their respective directors, officers, employees, agents and members, and each of them, from and against all claims, liabilities, losses, damages, costs or expenses, including reasonable attorney's fees and costs of litigation, relating to or arising out of Exhibitor's participation in the event, provided that the foregoing shall not apply to injury, loss, or damage caused by or resulting directly from the sole negligence of either Exhibition Management or its contractors.
IPC requires that each exhibitor maintain general public liability insurance against claims for personal injury, death or property damage incident to, arising out of or in any way connected With the exhibitor's participation in the exhibition, in an amount of not less than one million dollars ($1,000,000) for personal injury, death or property damage in any one occurrence. Such insurance maintained by the exhibitor must be issued by an insurance company reasonably acceptable to IPC Show Management, include coverage of the indemnification obligations of the exhibitor under the rules and regulations, and shall name IPC, Shepard Exposition Services, San Diego Convention Center and city of San Diego as additional insureds. Each exhibitor acknowledges that it is responsible for obtaining, for its protection and entirely at its expense, such property insurance for its exhibit and display materials as the exhibitor deems appropriate. Any policy providing such property insurance must contain an express waiver by the exhibitor's insurance company of any right of subrogation as to any claims against IPC and its representatives.
Q. Copyright, Patents and Other Proprietary Intellectual Property
Each exhibitor affirms that, to the best of its knowledge, it has the legal authority for its use of any intellectual property associated with any product or promotional material that it will display, offer, or otherwise use in its exhibit at IPC APEX EXPO, it will not knowingly infringe the intellectual property rights of another party, and that in the event of any claims or allegations of infringement of intellectual property rights either by or against Exhibitor, Exhibitor will comply with Exhibition Management's Procedures and Rules for Protection of Intellectual Property Rights and fully cooperate with Exhibition Management with respect thereto. Each exhibitor is responsible for obtaining all necessary licenses and permits to use or display: a.)live or recorded music, photographs, and other copyrighted material in exhibitor's booth or display; b.) Any patented inventions, items or other intellectual property owned by a third party.No exhibitor will be permitted to play, broadcast, or have performed any live or recorded music or use any other copyrighted material, such as photographs or other artistic works, or to use or display any intellectual property owned by a third party, without first presenting proof satisfactory to Exhibition Management that the exhibitor has, or does not need, a license to use such live or recorded music or copyrighted material or to use or display such other intellectual property. Exhibition Management reserves the right to remove or prohibit from the exhibit hall all or any part of any booth or display which includes or incorporates live or recorded music, photographs, or other copyrighted material, for which the exhibitor fails to produce proof that the exhibitor owns, or holds all required licenses or other permission to use or display such intellectual property. In the event that, after removal by Exhibition Management, Exhibitor demonstrates that it is the owner of, or has authority to use or display, any such property, Exhibitor's sole remedy against Exhibition Management for the removal of such property by Exhibition Management shall be refund to Exhibitor of fees paid pursuant to this Agreement. Exhibitor hereby waives, releases and covenants not to sue, file or maintain any action in law or in equity against Exhibition Management based on or arising from the removal of any such materials. In addition, Exhibitor shall remain liable for and shall indemnify, defend, and hold Exhibition Management harmless from all loss, costs, claims, causes of action, suits, damages, liability, expenses, and costs, including reasonable attorney's fees, arising from or out of any violation or infringement (or claimed violation or infringement) by Exhibitor, Exhibitor's agents, or employees, of any patent, copyright, trademark, or trade secret rights or privileges.
R. Authority of Exhibition Management
IPC shall have the power to adopt, amend and enforce all show rules, and regulations with respect to the operation of the Event, including but not limited to those regarding the kind, nature, and eligibility of exhibitors and exhibits at the Event. Exhibition Management's decision on such matters shall be final.
S. Exhibit and Display Rules and Regulations
All standard booth displays will be permitted to a maximum height of eight (8) feet. All display fixtures over four (4) feet high and placed within ten (10) linear feet of a neighboring booth must be confined to the back five (5) feet of the booth. The set back rule is waived for machinery. Island displays are permitted to a maximum height of 20' and Peninsula displays are permitted to a maximum height of 16' when plans are submitted and approved by Exhibition Management at least 60 days prior to Exhibition. All finished sides are to be covered at exhibitor's expense so as to not appear unsightly. The exhibit shall not obstruct the view of adjoining exhibits nor be operated in any manner objectionable to other exhibitors. All lighting within the exhibit must be arranged and operated so as not to be distracting to adjacent exhibits.
T. Multi-story Exhibits IPC APEX Specific Rule:
For any multi-story exhibit, plans must be submitted and approved by Exhibition Management, Fire Marshall and Convention Center at least 90 days prior to the event. All multi-story exhibits, and all exhibit fixtures must have drawings available for inspection by Exhibition Management, the installation and dismantling contractor, the exhibitor and governmental authority during the time the exhibit is being erected, exhibited and dismantled at the exhibition that include a signature or stamp of a reviewing structural engineer indicating that the structure design is properly engineered for its proposed use, and a signature of an authorized official of the exhibit building company indicating that the structure is built in compliance with the details and specifications set forth on the drawings.
IPC EXPO Specific Rule:
Two-story configurations in any configuration are not allowed.