Exhibitor Terms & Conditions
Definitions
Audio Advice, Audio Advice Live, and Sterling Events Group and their officers, directors, members, agents, affiliates, representatives, employees, successors and assigns, is hereinafter referred to as “Show Management,” unless the context requires otherwise. “Exhibitor” means the applicant identified on the submitted application and its officers, directors, members, agents, affiliates, representatives, employees, successors and assigns. Audio Advice Live is hereinafter referred to as “Convention”. The vendor display and tradeshow portion of Audio Advice Live is hereinafter referred to as “Exposition.” The term “Exhibition Facility” means the exhibit halls, exhibit/experience converted guest rooms, exhibit/experience meeting rooms and function space, lobbies, foyers, parking lots, air space and grounds of the Sheraton Downtown Raleigh as well as any other facilities to be used as the site of the Convention. “Facility” or “Facility Management” means the owner or manager of the Exhibition Facility and the management of any other facilities used for the Convention.
Agreement
The following provisions, plus any additions and amendments (including but not limited to Exhibitor Rules and Regulations, Exhibitor Forms Kit and the Service Order Kit) thereto that may hereafter be established by Show Management, become binding upon acceptance of this Agreement between the Exhibitor, its employees and agents and Show Management. Exhibitors may submit this application electronically to execute this Agreement. Such submission shall constitute a valid approval of the person or company with the authority to contractually bind the Exhibitor.
General Matters
Show Management’s obligation to hold Audio Advice Live is conditioned on the Facility making available the space applied for by Show Management on the dates specified. Show Management has the sole right to determine the eligibility of any company or product for inclusion in the Convention and Exhibition. Show Management makes no representation or warranty, expressed or implied, regarding the number of persons who will attend the Convention.
Show Related Commercial Messages
To the extent Exhibitor provides any information to Show Management, including contact information and other personally identifiable information, Exhibitor hereby grants to Show Management the right to use or release such information for all lawful Show Management and Convention related business purposes, including confirming Convention Exhibition and registration information and providing Exhibitor related information to third parties retained or contracted by Show Management to provide services required or requested for the Convention. Exhibitor acknowledges that information provided to Show Management, such as Exhibitor’s name, address, phone numbers, e-mail and web site addresses, number and location of Exhibit Space and/or Meeting Space, and names and number of Exhibitor personnel will be treated as public domain information and may be available without limitation on the Convention’s website and/or in materials provided to Convention attendees, guests, participants or as otherwise deemed appropriate by Convention Show Management.
Contractor Services and Information
Show Management shall select and/or approve each contractor to provide support and facilities services. Show Management assumes no responsibility for failure of performance by, or the conduct of, any contractor or subcontractor or its employees.
Payments, Cancellations, Space Reductions, No-Show
Upon Exhibitor’s execution of this Agreement, this Agreement becomes a binding Agreement between Show Management and Exhibitor subject to each party’s respective rights set forth in this Agreement. Exhibitor will have 10 business days to make payment once invoice is received, unless within two weeks of Exposition move-in. In that case, booth space will not be assigned until payment is received. No Exhibitor shall be permitted to exhibit or participate in the Convention and Exhibition or gain access to the Exhibition Facility unless and until Exhibitor has paid the full Exhibit Space Fee and/or Meeting Space and provided the required Certificates of Insurance by their deadline dates. If Exhibitor fails to pay any or all fees in a timely manner, or fails to perform, meet or observe any term or condition set forth herein, it shall not be relieved of the obligation of paying the full cost of its participation in Exhibition, and Show Management, at its discretion, may cancel this agreement and Exhibitor’s participation in the Exhibition and reassign the exhibit space. In the event that Exhibitor tenders the exhibit fees after such reassignment, Show Management may assign to it such other exhibit space, if then available, which Show Management deems appropriate. Exhibitor shall not be entitled to any refund of any part of any fee and shall remain liable for payment of all fees set forth in this agreement, subject only to the applicable cancellation schedule herein. Any confirmed Exhibitor failing to show up and exhibit at Convention will be liable for the full cost of the unused exhibit space and any ancillary expenses incurred as a result.
Exhibit Space and Meeting Space Assignments, Use of Space
The Convention is open to the public and designed to provide a showcase for products and services specifically designed for the home entertainment consumer. Show Management shall assign space to Exhibitor and does not imply the reservation of the same or similar space for future Convention events. Show Management reserves the right to withdraw its acceptance of this application and to cancel Exhibitors application and cancel Exhibitor’s participation in Convention and Exhibition if it determines that Exhibitor is not eligible to participate or Exhibitor’s products or services are not eligible to be displayed.
Booth Sharing/Program Listings
The Convention is conducted to facilitate order taking and the exchange of product information. Eligibility is generally limited to companies, firms, or entities actively and legitimately in partnership with Audio Advice, the Convention, or otherwise approved by Audio Advice as a legitimate home entertainment equipment manufacturer or licensed representative of home entertainment equipment. Exhibitor shall not assign, sublet, or share any part of its Exhibit Space or Meeting Space unless such assignee has a partnership or joint venture with, or is a subsidiary of the Exhibitor and said assignee is an integral part of the product presentation and approved by Show Management. Any attempted sale, sharing, subletting, assignment, transfer, conveyance of this Agreement or any portion of the Exhibit Space or Meeting Space, in violation of this Section shall constitute a breach of this Agreement and such action will be voidable at the option of Show Management. Upon such breach Show Management may, in its sole discretion, terminate this Agreement and Exhibitor will be liable for all damages incurred by Show Management, including but not limited to forfeiture of the Exhibit Space Fee and/or Meeting Space Fee paid and payment of remaining portion of the Exhibit Space Fee and/or Meeting Space due under this Agreement. Exhibitors may not permit non-exhibiting company representatives to operate from or share its room or booth. Decisions of Show Management regarding use of Exhibit Hall shall, in all instances, be final and binding.
Installing, Exhibiting, Dismantling
Hours and dates for installing, exhibiting, and dismantling shall be those specified by Show Management and must be strictly adhered to. Any solid wall displays must be submitted to Show Management at least 30 days prior to load-in for approval. Table draping in the Exhibit Hall must be the standard Show Color(s) as defined in the Exhibitor Kit, unless otherwise approved by Show Management. Branded table draping is permitted in lieu of Show Color(s) drape. All exhibit displays and materials must remain within the assigned booth space, exhibit room, or converted guest room. For private exhibit rooms and converted guest rooms, Exhibitors are permitted to place signage immediately outside the door against the wall to the assigned room. No signage should be placed in any walkways or walls opposite or adjacent from the private room or converted guest room entrance. For converted guest room displays, signage is limited to one sign that is no larger than 3’ wide by 6’ tall. For all other private rooms, space available will be determined by the room assigned and anything over a single 3’ wide by 6’ tall sign must be pre-approved by Show Management. Show facilities do not allow for rigging from the ceiling. Exhibit Hall displays cannot exceed 8’ in height without prior permission from Show Management. Exhibitor is responsible for making sure the booth carpet is vacuumed, cleaned, and that trash is emptied. You can order cleaning services from the Exhibitor Kit. Booth space is not to be used for any visible storage. All displays must be fully set up by the opening of the Exposition, and all exhibits must be manned and open for business during all posted Exhibition hours. In addition, Exhibitor may not dismantle or pack any portion of its display until Exhibition officially closes. Exhibitor shall be liable for all storage and handling charges resulting from failure to remove exhibit material from Convention before conclusion of the dismantling period. When vacated, all exhibit space shall be left in good order.
Amplified Sound
This event will have many Exhibitors producing amplified sound on audio devices. For converted guest rooms and private display meeting rooms, operation at no more than 92dB level at the listening position, except for intermittent peaks, is required with respect to other Exhibitors. For the Exhibit Hall, operation at no more than 85dB level at the listening position is required during all show hours. Show Management has the right to stop any sound that they determine is disturbing to other Exhibitors. Show Management reserves the right to measure the sound pressure level of all rooms, and to require the adjustments to levels if necessary. Equipment left running during non-setup or non-show hours may not emit audible sound, unless previously approved by Show Management. No Exhibitor may engage in any activity or employ any individual or device that tends to create unreasonable congestion in aisles or hallways. Show Management reserves the right to close down your exhibit and Exhibitor shall not receive a refund, or any damage compensation, from Show Management for noncompliance.
Food and Beverage
Food and beverage provided in any meeting/event space must be pre-approved by Show Management. Exhibitors in converted guest rooms may provide their own drinks and prepackaged foods, however Exhibitors in meeting rooms, including the Exhibit Hall, must order any food and beverage to be distributed to guests through the Facility.
Attendance; Hours
Admission policies and Convention hours shall remain, at all times, the prerogative of Show Management, and may be revised or amended to suit unforeseen conditions.
Exhibitor Conduct
Exhibitor, and each of its employees and representatives, shall conduct itself in a manner in accordance to standards of decency and good taste. Exhibits shall be admitted and shall remain from day to day solely on strict compliance with the rules herein laid down and those outlined in the Exhibitor Service Manual. Show Management reserves the right to reject, eject or prohibit any exhibit, in whole or in part, or any exhibitor or its representatives or invitees, with or without given cause. If cause is not given, Show Management’s liability therefore shall not exceed the return of the amount of rental unearned at the time of ejection. If Exhibitor or any portion of its exhibit is ejected for violation of applicable rules or for any other reason, no refund of exhibit fees or payment by Management of other amounts shall be made.
Relocation/Floor Plan Revisions
Show Management reserves the exclusive right to revise floor plans and/or move assigned Exhibitors as it deems necessary.
Exhibit Standards
Show Management shall, in its sole and absolute discretion, have the right to prohibit or remove any Exhibit or any part thereof, which in Show Management’s opinion is not suitable to or in keeping with the character or purpose of the Convention. Questionable Exhibits shall be modified at the request of Show Management. Show Management reserves the right to interpret and remove from the Convention any program materials, advertising, or literature which is deemed offensive, inappropriate or in bad taste if such materials were displayed. Exhibitors using costumed persons, mannequins, or anyone affiliated with Exhibitor’s Exhibit Space or Meeting Space must see to it that such personnel’s appearance and dress do not offend even the most critical. The decision on acceptability rests solely with Show Management.
Taxes, Licenses
Exhibitor shall be responsible for obtaining all licenses, permits, and approvals under local, state, or Federal law applicable to the activity at, and obtaining all tax identification numbers and paying all taxes, license fees and other charges that become due to any governmental authority in connection with Convention.
Photography
Exhibitor is prohibited from taking any type of photograph or video of Convention and Exhibition without Show Management’s consent outside of taking photographs or videos of their own exhibit space and exhibit personnel. Taking photographs or videos of another Exhibitor’s booth is strictly prohibited. Unauthorized use of photography or video equipment is subject to confiscation by Show Management. Exhibitor agrees that Show Management may take photographs of Exhibitor’s booth space, exhibit, and exhibit personnel for any promotional use by Show Management.
Cancellation of Audio Advice Live
If for any reason beyond Show Management’s control (e.g., fire, casualty, flood, epidemic, earthquake, explosion, accident, blockage, embargo, inclement weather, governmental restraints, act of public enemy, riot or civil disturbance, impairment or lack of adequate transportation, inability to secure sufficient labor, technical or other personnel, municipal, state or federal laws, or act of God), Convention, or any part thereof, is prevented from being held, or the Facility becomes unavailable, unfit for occupancy or substantially interfered with, Show Management may cancel Convention. In such event, Show Management shall not be responsible for delays, damage, loss, increased costs, or other unfavorable conditions arising by virtue thereof, and Exhibitor waives claims for damage arising therefrom. Upon any such termination, Show Management may refund to Exhibitor no more than a prorated amount of Exhibitor’s total cost of participation paid after deducting all expenses and reasonable compensation to Show Management. In no case shall the amount of any refund exceed Exhibitor’s total cost of participation actually paid.
Postponement of Audio Advice Live
If for any reason Show Management determines that the location or dates of Convention should be changed, no refund will be due to Exhibitor, and Show Management will assign to Exhibitor, in lieu of the original space, such other space as Show Management deems appropriate, and Exhibitor agrees to use such space under the terms of this Agreement. Show Management shall not be financially liable or otherwise obligated in the event that Convention and Exhibition is relocated or postponed.
Copyrighted Materials
Exhibitor shall not violate any copyrights with respect to writings, music or other materials used at Convention or at any affiliated function and assumes sole liability and responsibility for the use and display of all copyrighted materials at Convention and shall obtain any and all necessary licenses therefor. Exhibitor shall indemnify, defend and hold harmless Show Management, any association owner or sponsors, the Facility, and their respective officers, directors, employees, agents and representatives, from and against any and all actions, causes of action, claims, demands, liabilities, losses, damages, costs and expenses, of whatever kind and nature, which any one and/or each of them shall sustain, incur or become subject to, involving, arising from, or relating to, Exhibitor’s breach of any of its obligations contained herein or the use of copyrighted materials at Convention or any affiliated function.
Limitation of Liability; Indemnity
Neither Show Management nor the Facility, nor any of its officers, agents, employees or other representatives, shall be held liable for, and each is hereby released from any damage, loss, harm, or injury to the person or property of Exhibitor or any of its visitors, officers, agents, employees or other representatives, resulting from Exhibitor’s participation in Convention and Exhibition, licensing and/or use of exhibition space hereunder, or the failure of Show Management to make available the exhibit space or hold Convention, however caused, including that caused by Show Management’s or any Facility’s, or its officers’, agents’, employees’ or other representatives’ negligence. Exhibitor shall indemnify, defend, and hold harmless Show Management and the Facility and their respective owners, directors, officers, employees, agents and representatives, from, any and all claims, demands, suits, liability damages, loss, costs, attorneys’ fees, and expenses of any kind which might result or arise from its participation in Convention and Exhibition, its licensing and/or use of exhibition space hereunder, or any action or failure to act on the part of Exhibitor or its officers, agents, employees, or other representatives. Exhibitor understands that neither Show Management nor the Facility, nor its affiliates, maintains insurance covering Exhibitor’s liability or property, and Exhibitor is advised to obtain, at its sole expense, insurance for its exhibit material and products against loss or damage, and public liability insurance against injury to the person or property of others. It is understood all property of Exhibitor is in its care, custody, and control in transit to, or from, or within the confines of the Exhibition Facility, and neither Show Management nor the Facility assumes any responsibility therefor. In no event shall Show Management be liable to Exhibitor or anyone claiming through Exhibitor for incidental, consequential, special or indirect damages, including lost profits, even if Show Management has been apprised of the possibility of such loss.
Certificate of Insurance
All exhibitors must submit a Certificate of Insurance to Show Management. Certificate of Insurance must have minimum limits of $1,000,000 commercial general liability per occurrence, $500,000 property damage per occurrence, $1,000,000 personal injury per occurrence, workers compensation aggregate coverage of $1,000,000 per occurrence.
The following must be named as Certificate Holders:
Audio Advice
8621 Glenwood Ave
Raleigh NC 27617
Sterling Events Group
146 Dornach Way
Bermuda Run, NC 27006
Sheraton Raleigh Hotel
421 South Salisbury Street
Raleigh, NC 27601
You may submit your COI via email at exhibitorservices@sterlingevents.com, or mail to Sterling Events Group, PO Box 1740, Clemmons, NC 27012, or fax to 336-778-0790.
Damage to Facility
Exhibitors are liable for any damage caused to Facility floors, walls, or columns, converted guest rooms, meeting rooms or to standard booth equipment, or to other exhibitors’ property. Convention and the Facility prohibits the movement of furniture, it is done so at the exhibitor’s own risk. Damage and reset fees will apply at the Facility’s discretion.
Amendment, Interpretation
Show Management shall have full power in the enforcement and interpretation of all terms, conditions, guidelines, and rules, and the power to make amendments and set further terms, conditions, guidelines, and rules as it deems necessary and in the best interest of the Convention. The connectives “and” and “or” shall be construed both conjunctively and disjunctively, the term “including” shall mean including without limitation, and words in the singular include the plural, and words in the plural include the singular.
Observance of Laws and Regulations
Exhibitor shall abide by and observe all laws, rules, regulations, codes and ordinances of any applicable government authority, all rules of the Facility and the jurisdiction in which the Facility is located (now in effect or herein after promulgated).
Agreement To Terms, Conditions and Rules
Exhibitor agrees to observe and abide by the foregoing terms, conditions and rules, those contained in the Exhibitor Service Manual, and by such additional terms, conditions and rules made by Show Management from time to time for the efficient and safe operation of the Convention, all of which constitute a part of this Agreement. The rights of Show Management under this Agreement shall not be deemed waived except as specifically stated in writing and signed by an authorized representative of Show Management.
