RULES AND REGULATIONS

 

  1. Eligible Exhibits. Exhibit booths are open generally, but not limited to, those companies and organizations that provide products or services related to training, sporting and recreational activities in the outdoor sports industry. DU reserves the right to refuse rental/lease or display space to anyone.

 

  1. Contract for Space. Deposit of Exhibitor’s funds does not constitute contract acceptance by DU. The application for space, the formal notice of assignment of Exhibit Space by DU, the payment of full rental fees and delivery of the required certificate of insurance by Exhibitor constitutes a contract for the right to use the space allotted only after DU accepts it by its signature on this contract. DU may, at its sole discretion, require an Exhibitor to move to a different exhibit space, up to and including the date of move-in. Reasons for such a move may include, but are not limited to: safety concerns, improvement of access, ingress, or egress; accommodation of other sponsors or exhibitors; or the consolidation of unused space.

 

  1. Compliance with Federal, State and Local Laws, Misconduct. Exhibitors must agree to comply with all Federal, state, county and local fire, police, health or public safety laws, regulations or ordinances which are or may be applicable to the exhibit covered by this Agreement. Exhibitor is responsible for obtaining all necessary permits and licenses and paying all applicable taxes and fees. If at any time before or during the show it appears that an Exhibitor may have violated any law, regulation or ordinance, or an Exhibitor engaged in any conduct that is offensive, immoral, unethical, or inconsistent with the nature of the Expo, then DU may prohibit the Exhibitor from being and Exhibitor and/or attending the Expo. A pro-rated refund of the amount paid for that Exhibitor’s space shall be the sole remedy available for such a cancellation.

 

  1. Restrictions on Use of Space. No Exhibitor shall assign, sublet or share the whole or any part of the space assigned. Exhibitor is not permitted to show goods other than those manufactured or dealt in by him in his regular course of business. Exhibitor agrees not to obstruct aisles or access to neighboring booths, nor conduct or operate its exhibit so as to cause interference with, annoyance or endangerment to other exhibitors or visitors. No exhibits or advertising shall extend beyond the space allotted to Exhibitor, or above the back and side panels of the Exhibitor’s booth. Exhibitor shall not without the prior written consent of DU, put up or operate any engine or motor or machinery on the premises or use oils, burning fluids, camphene, kerosene, naphtha, or gasoline for either mechanical or other purposes, or use any agent other than electricity for lighting. Exhibitor shall not otherwise bring any combustibles, explosives, and dangerous or hazardous materials to the event.

 

 

The actual projection of bullets, pellets, BBs, darts or any other missile is not permitted as part of any exhibit. Exhibitors building special background or side dividers must make certain that the surfaces of such dividers are finished in such a manner as not to be unsightly to Exhibitors in adjoining booths (no logos or graphics). If such surfaces remain unfinished prior 4:00 p.m. on the opening day of the Expo, DU shall, at Exhibitor’s expense, authorize a contractor to remove or effect the necessary finishing. All exhibits and displays must remain fully assembled during all open show hours. DU has the right to re-claim space that is not appropriately occupied by 4:00 p.m. on the day before the show opens.

 

  1. Restrictions on Operation of Exhibits. No campaigning or political activities nor the promotion of any candidate will be permitted. DU reserves the right to restrict exhibits which because of noise, method of operation, appearance or for any reason are objectionable in the sole judgment of Expo Management, and also to limit or prohibit any exhibit or evict any Exhibitor who, in the opinion of DU, may detract from the general character of the Expo as a whole. This reservation includes persons, things, conduct, printed matter, video or anything of a character which DU deems to be objectionable. In the event of such restrictions or eviction, DU is not liable for any refunds or rental or other costs incurred by Exhibitor or required to assign him other space. Any demonstration or activity that results in obstruction of aisles or prevents ready access to nearby exhibitors’ booths as determined by DU shall be suspended for any periods specified by DU.

 

  1. Booth Occupancy and Representatives. Booth representatives shall be restricted to Exhibitor’s employees and authorized representatives. Booth representatives shall wear badge identification furnished by Expo Management at all times. DU may limit the number of booth representatives at any time. All booths must be staffed by Exhibitor during all open Show hours.

 

6.a Show Hours

Friday June 7, 2019 – 3:00 pm to 7:00 pm

Saturday June 8, 2019 – 10:00 am to 6:00 pm

Sunday June 9, 2019 – 10:00 am to 5:00 pm

Vehicles must be removed and set up or restocking finalized 1/2 hour prior to show opening each day. Tear down of Exhibitor’s booth may not begin until after the EXPO closes on Sunday and must be completed by 11:59p.m. local time Sunday, June 7, 2019.

 

  1. Care of Building and Equipment. Exhibitors or their agents shall not injure or deface the walls or floor of the building, the booths or the equipment of the booths. When such damage appears, Exhibitor is liable for the resulting Damages. Nothing may be attached to or supported by any part of the building other than the floor within the confines of the assigned exhibit space.

 

  1. Union Labor. Exhibit site may be subject to labor union agreement(s). To the extent applicable, Exhibitor shall abide by all such agreements. These agreements may affect, among other matters, the installation and dismantling of an exhibit. Exhibitor is solely responsible for compliance with such agreements and payment for any services required by such agreements.

 

  1. Resolution of Disputes. In the event of a dispute between any parties regarding the Expo Terms, Rules and Regulations, all decisions made by DU shall be binding on all parties.

 

  1. Circulation and Solicitation. Circulars or advertising matter of any description may be distributed and patronage may be solicited only within the booth space assigned to Exhibitors presenting such material. All demonstrations, interviews, and other activities are subject to approval by DU and must be confined within the limits of the exhibit booths. No firm or organization not assigned space will be permitted to solicit business or advertise their products in any manner within the contracted space of the Expo venue. Advertisements of any kind outside of the exhibitor’s booth are prohibited, unless sponsorship to do so has been purchased through DU. Exhibitors may not hang banners, post signs or have vehicles displaying company logos or products anywhere outside of the exhibit hall visible to show attendees from any point on convention center property without approval of the Expo Management. Exhibitor agrees to immediately remove offending signage upon notice from show management.

 

  1. Over-the-Counter-Sales. Sales are permitted, except firearms, in strict accordance with the product eligibility and display regulations included with the contractual applications. The necessary business license and taxes will be the sole responsibility of the individual Exhibitor. All sales must be conducted within the confines of the seller’s exhibit area. Exhibitors may also take orders for future delivery, off the premises of the Expo, and in full compliance with the law, including firearms and ammunition.

 

  1. Firearms Display and Safety. Breech loading firearms displayed and accessible to attendees with the intent to allow attendees to handle the firearms and work all or part of their actions, must be deactivated by removal of the firing pin or other alteration so they are rendered incapable of firing. Firearms on display, but not intended to be handled by attendees, must be secured with a keyed trigger lock or keyed cable lock. Locks must remain installed and locked on the firearm for the duration of the show. Firearms may be inspected before the show by a DU representative. Infractions will be reported to both Exhibitor and Expo Management. All infractions must be corrected before the exhibitor’s display will be allowed to open.

 

  1. Fire Protection. Flammable liquids are prohibited. Flammable cloth decorations must be flame-proofed. All hangings must clear the floor. Electrical wiring must conform with the National Electrical Code Safety Rules. If inspection indicates that any Exhibitor has neglected to comply with these regulations or otherwise incurs fire hazards, DU reserves the right to prohibit all or such part of any exhibit as may be irregular.

 

  1. Sound Level. Exhibits which produce or amplify sound must be conducted or arranged so that the noise resulting from the demonstration will not annoy or disturb adjacent Exhibitors or their visitors. In the event that DU determines the sound is annoying or disturbing adjacent exhibitors the offending exhibitor may be notified and asked to comply with the guidelines. Further action outlined in this agreement will be taken if offending exhibitors does not comply.

 

  1. Photography/Video. DU or its agents may be taking photographs and video at the EXPO. Such photographs and videos shall be the property of DU. Exhibitor and its employees and representatives consent to the taking of such photographs and videos and the publication and sale and/or license of such photographs and videos.

 

  1. Lotteries/Contests. The operation of games of chance or lottery devices is permitted only to the extent permitted by law. In no event shall DU or any Expo Management Parties be responsible for any consequences resulting from the operator’s failure to comply with the law.

 

  1. Default. If Exhibitor defaults in any of its obligations under this Agreement or violates any of its obligations or covenants under this Agreement, including without limitation any Exhibition Rule or Regulation promulgated pursuant to the Agreement, DU may, without notice, terminate this Agreement and retain all monies received on account. DU may thereupon direct Exhibitor forthwith to remove its employees, agents or servants, and all its articles of merchandise and other personal property from the space contracted for and from the Expo. If exhibit space is not occupied by the time set for the completion of displays, such space may be possessed by DU for such purposes as it may see fit. Space not properly occupied by 4:00 p.m. on the day of the show opening shall be forfeited by the Exhibitor.

 

  1. Discretion and Decision. These rules and regulations have been formulated in accordance with public safety rules and in the best interest of Exhibitors, Expo Management and its members and visitors. Exhibitors expressly accept and agree to abide by these regulations; and any and all matters whether or not specifically covered in the regulations are subject to the sole discretion and final decision of Expo Management.

 

TERMS

 

Release and Waiver: Neither Ducks Unlimited, Inc., EXPO show management, Ford Idaho Center, nor their respective Officers, Directors, Employees, Volunteers, Sponsors and Agents (collectively “Released Parties”) will be responsible for any injury, loss or damage from any cause whatsoever that may be suffered by Exhibitor, Exhibitor’s employees, representatives or agents or Exhibitor’s property. The Exhibitor, upon execution of this contract, expressly releases the Released Parties from any and all claims for such injury, loss or damage. Any and all rules, restrictions and/or levies enforced or imposed by the EXPO grounds/city and/or state of the EXPO shall be observed by and complied with by the Exhibitor and the Exhibitor’s employees, representatives and agents. Released Parties assume no responsibility or liability whatsoever in matters related to any such restrictions and/or levies imposed on any Exhibitor. Released Parties shall bear no responsibility or liability with respect to any claims or suits by third persons for damages or losses incurred or suffered resulting from, or caused by EXPO and/or Exhibitor’s,sponsor’s and other EXPO
participant’s participation at the EXPO. Exhibitor agrees that it will indemnify, defend and save the Released Parties harmless for and against all losses and all claims, demands, payments, suits, actions, recoveries, judgments, costs and expenses of every nature and description brought or recovered against the Released Parties or expended by the Released Parties, including the payment of attorneys’ fees, arising from the Exhibitor’s participation at the EXPO.

 

Indemnification: Exhibitor shall indemnify, hold harmless and defend, Expo Management Parties against and from any and all Damages arising out of or in any way related to: any Damages whatsoever to any Exhibitor Parties; Exhibitor Parties’ work, use, occupancy or other activity at the Expo; the conduct of Exhibitor Parties’ business; any activity, work, or other thing done, permitted or suffered by Exhibitor Parties; any breach or default in the performance of any obligation under the terms of this Agreement; any product or service sold, leased, supplied or otherwise provided by Exhibitor Parties; or, any act or omission of Exhibitor Parties whatsoever. There is no duty to indemnify or hold harmless any person whose gross negligence or act of intentional infliction of injury or damage, solely and proximately caused Damages.

 

Insurance: Exhibitor shall carry the following insurance coverage and provide to DU proof of such insurance coverage with an A.M. Best’s Rated “A-VIII” or better carrier authorized to do business in the State of Idaho. The Exhibitor shall carry and maintain the following insurance coverages: worker’s compensation at statutory limits and commercial general liability including products, completed operations, independent contractors, personal injury and blanket contractual liability insurance at limits of at least $1,000,000 per occurrence, $1,000,000 aggregate. Such coverages shall be primary to any coverage carried by a party required to be named as an additional insured and shall contain a waiver of subrogation against each party required to be named as an additional insured. These coverages shall be evidenced by a Certificate of Insurance with a 30-day prior written notice of cancellation provision to the holder(s) and name Ducks Unlimited, Inc., Ford Idaho Center, and their respective Officers, Directors, Employees, Volunteers, Sponsors and Agents as additional insureds. A certificate indicating such coverages are in effect and will remain in effect through the dates of the EXPO shall be submitted by Exhibitor to DU at least 45 days prior to opening day of the EXPO. If the commercial general liability insurance provided by Exhibitor is written on claims made basis, Exhibitor agrees to maintain such coverage for a period of at least 180 days after the closing date of the EXPO. Exhibitor will not be permitted on site without acceptable certificate of insurance.

 

Cancellation Policy: Exhibitor cancellation notification made in writing to DU and received by March 1, 2019 will entitle Exhibitor to a full refund of Exhibitor’s fees minus a $75 administration fee (hereinafter referred to as “Administration Fee”). Exhibitor cancellation notification made in writing to DU and received by April 1, 2019 will entitle Exhibitor to a 50% refund of Exhibitor’s fees minus the Administration Fee. No refunds will be made after May 1, 2019 for any Exhibitor cancellation. Unless Exhibitor has cancelled its participation in writing to DU prior to March 1, 2019, if for any reason Exhibitor fails to attend the EXPO, Exhibitor shall be responsible for full payment of Exhibitor’s fees. Exhibitor agrees: (1) that should the EXPO be cancelled, postponed, or abandoned in its entirety by DU for any reason, act or occurrence beyond the control of DU, including but not limited to fire, strikes, rioting, civil disorders, weather or other circumstances making it impracticable, in the sole discretion of DU, to operate the EXPO (hereinafter referred to as “Force Majeure Reason” ) Exhibitor shall be reimbursed, as its sole remedy, Fifty Percent (50%) of its Exhibitor fee; and (2) that should the EXPO be curtailed or abandoned in part by DU for any Force Majeure Reasons, Exhibitor’s sole and exclusive compensation and remedy for such partial cancellation, shall be equal to the prorated amount the Exhibitor has already paid for the space for the cancelled portion of the specific event minus the Administrative Fee.

 

Rules and Regulations: In addition to the terms set forth in this Agreement, Exhibitor agrees that all Exhibitor Parties shall comply with any further rules and regulations which may be imposed by Expo Management Parties at the Expo, including but not limited to, rules and regulations which do not appear on this document and/or are not attached hereto.

 

Severability: If any of the provisions of this Agreement shall be held invalid under the laws of any jurisdiction, this Agreement shall be construed as if not containing those specific invalid provisions and the rights and obligations of the parties hereto shall be construed and enforced in a manner to protect the original intent of the parties to the extent possible. The striking of any invalid language shall not cause striking of any otherwise valid language.

 

Governing Law and Consent to Jurisdiction, Venue and Service: This Agreement shall be governed by and construed under the laws of the State of Idaho or Federal law if applicable. In the event that performance of this contract becomes impossible, impracticable, imprudent or inadvisable due to Act of God, labor dispute, action or inaction by governmental authority, civil unrest, protest, threats, war, terrorism, or similar circumstances beyond the control of the non-performing party, then the parties shall be relieved of their duties under this contract and waive any claims for such nonperformance.