WRITTEN NOTICE IS REQUIRED if an exhibitor cancels the assigned space. The Association will refund 50% of the amount paid if written notice is postmarked on or before July 31, 2023, and will retain the other 50%. After that date, no refunds or payments will be made. Application is subject to acceptance by the Association. UPON ACCEPTANCE, THIS APPLICATION, INCLUDING THE APPLICABLE EXHIBIT SPACE LICENSE AND RATE CARD, SHALL BE A BINDING CONTRACT FOR BOOTH SPACE. No exceptions to this contract will be accepted unless authorized in writing. The Association reserves the right to refuse any application, upon which any deposit received shall be refunded.
The Care Providers of Minnesota Convention and Exposition (the “Convention and Exposition”) is a closed trade show designed to provide a showcase for goods and services either specifically designed for or customarily used by nursing homes, housing settings, home care providers, and other long-term care providers. Exhibitors and their displays must support the character and objectives of the Convention and Exposition and of Care Providers of Minnesota (the “Association”) and strengthen the Association and its membership. This document is the Exhibitor’s application for a revocable license to use space and a booth at the Convention and Exposition. Upon acceptance of the Exhibitor’s application by the Association, this application, including all Rules and Regulations stated herein, becomes a binding agreement between the Association and the Exhibitor.
A. Exhibitor Space and Booth License
- Lease of Space and Booth. Upon acceptance of Exhibitor’s application by the Association, the Exhibitor agrees to rent the space assigned to the Exhibitor at the Convention and Exposition and a booth. The booth will include back and side panels and a booth sign size 7” x 44” stating the Exhibitor’s name and booth number.
- Space and Booth Assignments. The Association and the President of the Association, acting on behalf of the Association, reserve the right to make final determinations of all space and booth assignments in the best interest of the Convention and Exposition and/or the Association. Whenever reasonably possible, space assignments will be made in keeping with location preferences requested by the Exhibitor.
- Right to Refuse or Revoke License. Upon application and during the Convention and Exposition, the Association reserves the right to refuse to issue or to revoke license of display space and booth to any person or company whose display of goods or services is not, in the sole and exclusive opinion of the Association, compatible with the general character and objectives of the Convention and Exposition, or in the best interests of the Association. This applies to conduct of persons, printed matter, souvenirs, loudspeakers, megaphones, or anything else which may be classified as undesirable by the Association. The Association’s exercise of this right is without obligation on the part of the Association for refund of any fees.
- Right to Resell. The Association has the right to re-license booth space to another party if the Association, after discussing the matter with the Exhibitor or after a reasonable attempt to contact the Exhibitor, determines that the Exhibitor will not participate in the Convention and Exposition. The Association’s exercise of this right is without obligation on the part of the Association for refund of any fees.
B. Exhibitor Personnel, Activities, and Conduct
- Booth Personnel.
- Number. Each Exhibitor must provide one or more persons responsible for the exhibit within the Exhibitor’s space and booth during the open hours of the Convention and Exhibition. Four representatives of an individual Exhibitor will be allowed for each booth. For an additional fee, the Exhibitor may register more than four persons per booth.
- Relationship to Exhibitor. All booth personnel must be bona fide employees of the Exhibitor or representatives who receive brokerage fees or compensation from the Exhibitor but excluding representatives who maintain and own inventories of merchandise for resale. Live models may be hired and will be admitted to the exhibit floor only in costume approved by the Association.
- Expulsion. In addition to the Association’s right to revoke space and booth license as provided in paragraph A(3) of these Rules and Regulations (“Paragraph A(3)”), recruiting employees for the Exhibitor’s business, engaging in conduct prohibited under the terms of this document, false certification of individuals as Exhibitor’s representatives, misuse of Exhibitor’s badges, or use of any method or device to assist unauthorized personnel in gaining admittance to the exhibit floor may result in the Association expelling the violator from the exhibition hall or barring the Exhibitor from future entrance on the exhibit floor, or removing the exhibit from the floor without obligation on the part of the Association for refund of any fees. Upon the exercise of this authority or the authority stated in Paragraph A(3) by the Association, the Exhibitor, on its own behalf and on behalf of its employees and agents, waives any rights for claims or damage against the Association.
- Registration as Convention Attendees. Booth personnel of an Exhibitor who is or who is Affiliated with (i) a provider of long-term care or health care, (ii) a community-based service, or (iii) an organization that manages long-term care facilities in Minnesota, must register under the appropriate registration category, as determined by the Association, and pay the required registration fee to attend the Convention.
- Exhibitor Activities. All activities of each Exhibitor must be confined to the Exhibitor’s booth. Products and services to be exhibited are to be listed in the Product Listing area on the reverse side of this document; no other products or services may be exhibited. Distribution of “stick-ons” or other adornments for attendees’ badge holders is prohibited. Sideshow tactics, or other activities considered by the Association in its discretion to be undignified or otherwise objectionable, are expressly prohibited in the exhibit hall. Demonstrations using live models, costumes, prizes, awards, lotteries, or contests of any kind are subject to the Association’s approval. Unless specifically permitted in writing by the Association, no Exhibitor shall conduct any drawing for prizes or gifts. Distribution of refreshments or any other products for consumption not manufactured by, or specifically related to, the product of the Exhibitor shall be subject to the Association’s approval. The use of alcoholic beverages as a method of attracting attention to the Exhibitor’s booth is prohibited. Prior approval must be granted by the Association for distribution of any alcoholic beverages. Where food products are permitted to be served, the preparation of such foods cannot be offensive or objectionable to other Exhibitors or attendees.
- Use of Music: Should the Exhibitor desire to use, display or perform music, video or other copyrighted materials in its exhibit booth, it must obtain a valid license from the copyright owner and provide of copy of such license to the Association. Failure to do so will constitute a waiver of all rights to exhibit, without right to refund of any fees.
- End of Convention and Exposition. The Exhibitor must surrender space occupied by the Exhibitor in the same condition as it was at the time the Association first made the space available to the Exhibitor, and will cover clean-up, shipping or other costs that result from its failure to do so.
- Early Tear-Down Penalty. Having Exhibitors dismantle their booths or pack their supplies prior to tear-down reflects poorly on the Association and negatively impacts the experience of attendees and other Exhibitors. Early tear-down, regardless of the time prior to official tear-down, is unacceptable. A monetary penalty equal to $250.00 can be imposed on the Exhibitor for early tear-down. If booth tear-down regulations are not followed after such a penalty, The Association may not allow Exhibitor to participate in future events.
C. Indemnification and Insurance
- Responsible Party. The Association shall not be responsible for any loss, damage or injury that may occur to the Exhibitor or its employees, agents, or property from any cause whatever prior, during or subsequent to, or in connection with the Convention and Exhibition. To the extent permitted by law, the Exhibitor is responsible for all damage to the exhibit hall, and for any and all claims and demands on account of any injury to any person or death or damage to property occurring in or upon the Exhibitor’s booth space or because of the acts or omissions (whether negligent or willful) of the Exhibitor, its employees, agents, licensees, or contractors. Each Exhibitor must make provisions for the safeguarding of its goods, materials, equipment and display at all times. General guard service will be provided by the Association for the exhibition period, but the Association and the guard service will not be responsible for loss of any material by or for any cause.
- Indemnification; Limitation of Liability.
- Association. The Exhibitor agrees to and shall release, indemnify and hold harmless the Association, its service contractors, the management of the convention site, its agents, contractors, or employees, from and against any and all liability and claims and demands that may arise from or be asserted in connection with the undertakings and responsibilities of the Exhibitor. Exhibitor will hold the Association, its service contractors, the management of the convention site, its agents, contractors, or employees, harmless from all claims for damages or injuries to the building, booth equipment, other exhibits, guests, employees, agents, members of the public, or persons, arising through the acts or omissions of the Exhibitor or its servants, employees or guests, occurring during, prior or subsequent to or in said Convention and Exhibition and the approaches and entrances thereto.
- Personal Injury/Property Damage. Neither the Association, its service contractors, the management of the convention site, or their respective agents, contractors, or employees, are or shall be liable for injuries to the Exhibitor or its employees, agents or guests, or for damage to or theft of any property owned or controlled by the Exhibitor
- Insurance. It is recommended that each Exhibitor obtain adequate insurance coverage, at the Exhibitor’s own expense, for property loss or damage and liability for personal injury.
D. Miscellaneous
- No Endorsement. The Association does not recommend or endorse the Exhibitor or its products or services. The Association does not warrant, guarantee, or otherwise represent the merchantability or fitness of any Exhibitor’s product or the capability or services of any Exhibitor.
- Force Majeure. If for any reason through an act of God or otherwise, the Association is prevented from holding the Convention and Exhibition on the dates indicated, then Exhibitor will have all fees paid refunded. Exhibitor hereby waives any claim against the Association, its directors, officers, agents, or employees for losses or damages that may arise in consequence of such inability to occupy assigned space.
- Applicable Laws. Each Exhibitor is responsible for compliance with all federal, state and local laws. Each Exhibitor is charged with the knowledge of all federal and state laws, regulations and ordinances pertaining to sales, merchandise, licensing, safety, health and other applicable laws.
- No Assignment, Sublease or Use of Non-Exhibitor Product. The Exhibitor may not assign, sub-license, or apportion to others the whole or any part of this Agreement or the space allotted and may not advertise or display goods or services other than those manufactured or sold by the Exhibitor in the regular course of its business. However, an Exhibitor may use equipment or the product of another Exhibitor for the purpose of better presentation of the Exhibitor’s own product but may not give credit to that manufacturer.
- Convention Site Lease or Agreement. This agreement between the Exhibitor and the Association is subject to the terms and conditions of a lease, or other agreement, between the Association and the convention site. The Exhibitor shall not undertake any act or fail to fulfill any obligation which shall violate said agreement. The Exhibitor shall indemnify and hold the Association harmless from any, and all, of the Exhibitor’s acts which may violate the terms and conditions of the lease or other agreement between the Association and the convention site.
- Amendment or Modification. Except as otherwise provided, any modifications to this application (or upon acceptance of the application by the Association, to this Agreement) must be in writing and signed by both parties. However, these Rules and Regulations may be amended unilaterally at any time by the Association, and all amendments that may be so made shall be equally binding on all parties affected by them, as are the original Rules and Regulations. In the event of any amendment or additions, written notice will be given by the Association to such Exhibitors as may be affected by them.
- Severability. Any provision of this Agreement found to be invalid will be severable, and the remainder of the Agreement will remain effective.
- Waiver. Failure to insist upon strict compliance with any of the terms or conditions of this Agreement at any time shall not be deemed a waiver of such terms or conditions at any other time.
- Notice. All notices between the Association and the Exhibitor shall be in writing and deemed given when delivered in person to a known agent of the Association or the Exhibitor, or when transmitted by facsimile or mailed by U.S. mail to the Association or Exhibitor, respectively, at 7851 Metro Parkway, Suite 200, Bloomington, MN 55425.
- Definitions. The following terms (and other forms of these terms, if capitalized) used herein or in subsequent Rules and Regulations shall have the meanings ascribed to them below:
- Affiliate. A person or entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with another person or entity.
- Association. Care Providers of Minnesota, Inc. is a 501(c)(6) non-profit trade association.
- Exhibitor. The specific entity or person applying for rental of space at Convention and Exhibition and not any Affiliate of such entity or person. As the context may require, “Exhibitor” includes the Exhibitor’s directors, officers, or employees acting on behalf of the Exhibitor.