All exhibitor license applications are subject to approval by Earth Day Austin, Incorporated (“EDATX”), in its sole discretion. Upon completion of the Exhibitor License Terms and Conditions, the applicant shall be subject to the Total Price for the Exhibitor Package Items unless such applicant is declined by EDATX.
1. EDATX reserves the right to refuse any/or all requests for an exhibition space. In all cases where EDATX refuses to license exhibition space to an applicant, EDATX will return any and all payments received by EDATX from applicant and shall have no further responsibility or liability to applicant.
2. The electronic copy of this Agreement provided to the applicant (hereafter referred to as “Exhibitor”) upon its completion of the registration process will serve as a binding license by and between Exhibitor and EDATX, to use designated Exhibitor Space for the sole purpose stated in this agreement and subject to the terms and conditions of this agreement.
3. The term of this agreement shall be from the date of submission by applicant through the day of the Event. In the event that severe weather or other circumstances prevent honoring the original date, Earth Day Austin will make a good faith effort to offer a virtual event and this agreement will be extended through the date of the virtual Event. If Exhibitor is unable to attend the Event for any reason, or if the event is cancelled, Exhibitor license fees will not be refunded or transferred to subsequent years nor will any financial obligation of the applicant or Exhibitor to EDATX be cancelled.
4. Floor plans and Exhibitor Space assignments are solely at the discretion of EDATX and are subject to change at any time. Event dates and locations are subject to change and cancellation at any time. Exhibitor requests for Exhibitor Space relocation are subject to EDATX approval, which shall be at EDATX’s sole discretion.
5. By applicant’s submission of this agreement, applicant or Exhibitor and its agents, employees, representatives, volunteers and invitees, agree to abide by and comply fully with all Terms and Conditions set forth herein as well as any additional rules and regulations that may be set out by EDATX. Failure to comply with same shall constitute default by Exhibitor. Upon the occurrence of any default by Exhibitor, EDATX may terminate this agreement immediately upon notice to Exhibitor.
6. Exhibitor shall use the Exhibitor Space solely for the purpose of exhibiting products, goods, services, programs, causes, and educational information relevant to conservation, sustainability and related issues and for no other purpose.
7. Exhibitor is strictly prohibited from assigning, sharing or subletting all or any portion of Exhibitor Space (whether in writing or by action). EDATX reserves the right in its sole discretion to expel any assignee, sublessee from the Event without notice.
8. Exhibitor hereby releases EDATX, Huston-Tillotson University and their respective officers, directors, shareholders, employees, representatives, contract workers, volunteers and agents from all claims, demands, loss, damage or expense, including those personal or bodily injuries or property damages arising out of or in connection with the use of the Exhibitor Space by Exhibitor during the Event. This section shall survive the expiration or termination of this Agreement. In accordance with the laws of the State of Texas, Section 8 of this Exhibitor License Terms and Conditions agreement will not apply to the Independent School Districts of Texas.
9. Exhibitor agrees to indemnify and hold harmless EDATX, Huston-Tillotson University and their respective officers, directors, shareholders, employees, representatives, contract workers, volunteers and agents and any person or entity to which EDATX or Huston-Tillotson University owes a similar duty of indemnification from and against all claims, damages, liens, causes of action, suits, judgments and expenses, including attorney fees, which may arise out of or in any way related to the Event, specifically, personal injury or death, even if caused by the negligence of EDATX or Huston-Tillotson University or their respective officers, directors, shareholders, employees, representatives, contract workers, volunteers and agents. Exhibitor’s liability includes but is not limited to personal injury caused by water spills or display breakdowns, property damage to other exhibitors or EDATX or Huston-Tillotson University, exhibit space or premises or other areas of the Event caused by water spills, leakage or display breakdowns. This section shall survive the termination of this Agreement. In accordance with the laws of the State of Texas, Section 8 of this Exhibitor License Terms and Conditions agreement will not apply to the Independent School Districts of Texas.
10. Exhibitor is responsible for obtaining its own insurance to provide protect for theft and/or damage to Exhibitor’s property or products, if desired by Exhibitor.
11. Exhibits must remain completely intact inside the Exhibitor Space, and the Exhibit must be staffed during scheduled Event hours. Exhibitors arriving late and/or leaving early are subject to expulsion.
12. Exhibitor Space not claimed by the end of the “exhibitor load-in period” of the Event shall be deemed abandoned and revert to EDATX to be utilized at its sole discretion. In such event, Exhibitor forfeits any and all deposits, fees, payments or other monies theretofore paid or owed to EDATX.
13. EDATX reserves the right to move or remove any Exhibitor and/or its representative or exhibit for the good of the Event.
14. Exhibitor is required to remove all waste from the Event area. If Exhibitor does not make a reasonable effort to remove trash, displays and other materials from their Exhibitor Space, Exhibitor may be charged a penalty of $100 for the removal of trash, displays and any other materials in addition to the actual cost of such removal. Whenever possible, waste should be recycled in the appropriate recycling receptacles. OUR GOAL IS A ZERO WASTE EVENT.
15. EDATX reserves the right of refusal to prohibit order taking for products and services that do not meet, in the sole opinion of EDATX, the Event’s standards or do not relate to conservation, sustainability or are not deemed eco-friendly.
16. Exhibitors are solely responsible for securing the proper retail permits or licenses and for collection and payment of any/all sales tax related to any orders that may be taken at the Event. Exhibitors shall abide by all applicable federal, state and local laws.