Terms and Conditions
Baby Expo USA is owned by Baby Expo USA, LLC. Baby Expo USA is dedicated to providing information, products, and services to parents, future parents, grandparents, and young children. Learn. Play. Explore. Babies, kids, and more.
General Rules
In order to reserve a booth at the Exhibition, Exhibitor must return this completed Application properly executed by an authorized company representative, and accompanied by a fifty-percent (50%) deposit. Upon receipt of this Application, Baby Expo USA will use its discretion to reserve space at the Exhibition for Exhibitor. Baby Expo USA reserves the right, in its sole and absolute discretion, to determine the eligibility of exhibitors and exhibits for the Exhibition, to limit, reject or prohibit exhibits or exhibitors that Baby Expo USA considers objectionable, and to re-arrange the floor plan and/or relocate exhibits and/or exhibitors prior to the Exhibit when such changes are deemed by Baby Expo USA to be in the best interest of the Exhibition.
Exhibitor Booth Space
Baby Expo USA will use commercially reasonable efforts to accommodate your booth location preference; however, space requests are not guaranteed. Space assignments can be changed or cancelled by Baby Expo USA in its sole discretion, for the better showing of exhibits, the improvement of the overall Show or for any other reason deemed necessary by Baby Expo USA. Exhibitors will be notified in writing of such change or cancellation. All terms of the contract, including cancellation policy, remain in effect upon such movement of booth space by Baby Expo USA.
Use of Booth Space
Exhibitor warrants and represents that Exhibitor shall exclusively use the boot space during the Exhibition for the sole purpose of selling, displaying, advertising, marketing or distributing only the products and services specifically listed by Exhibitor herein above. Exhibitor shall not distribute or otherwise use, advertise, market or otherwise display materials provided by Exhibitor’s advertisers, media partners, affiliates, or other third parties that may be directly or indirectly affiliated with or in any way related to Exhibitor. Further, Exhibitor shall not assign, sublet, lease, license or otherwise share or re-allocate booth space without full written disclosure to Baby Expo USA and receiving the prior written permission of Baby Expo USA, which permission may be arbitrarily withheld. Booths and/or display structures must be in strict compliance with the specific dimensions and restrictions provided to Exhibitor by Baby Expo USA. Equipment displays and booth structures shall not extend into aisles, obstruct pedestrian traffic or visibility of adjacent booths. Display material exposing an unfinished surface to a neighboring booth is not permitted and must be finished at the Exhibitor’s expense. Baby Expo USA, in its sole discretion reserves the right to restrict or prohibit Exhibits which are objectionable due to actual or perceived conflicts of exclusivity contracts, noise, methods or nature of operation, materials or for any reason(s) related to persons, things, conduct, or printed matter in the sole and absolute discretion of Baby Expo USA deemed to be objectionable. Baby Expo USA may also restrict or prohibit with or without cause, any exhibit, person, or booth space in its entirety, or partially, that may alter or detract from the general character of the Exhibition as a whole. In the event of any such objection, restriction or prohibition, or eviction, Baby Expo USA shall not be liable to or responsible for any losses, damages or expenses directly or indirectly incurred by Exhibitor.
Exhibitor’s Responsibilities
Exhibitor shall comply with each and every term of this contract, as well as applicable rules, regulations, guidelines, by-laws, ordinances, or regulations of any town, city, state, administrative, regulatory or governing body. Exhibitor acknowledges that Baby Expo USA shall make the final decision with regard to the implementation and/or enforcement of any contract term, or applicable rule or regulation. Exhibitor is responsible for payment for labor, equipment, and services (other than general heat, lighting and air conditioning) ordered at the request of Exhibitor from service contractors including but not limited to electricians, decorators, shippers, material handling companies, compressed air/gas suppliers, telephone companies, hotels, cleaning services, and photographers. Exhibitor specifically agrees to observe all union contracts and labor relations agreements between Exhibition management and/or producers and the contractors serving the Exhibition facility and companies operating in the facility in which the Exhibition is taking place. Exhibitor shall at all times observe the labor laws of the jurisdiction in which the Exhibition is located. Furthermore, Exhibitor agrees to obtain at its sole expense any licenses or permits from governmental bodies which may be required for the operation of Exhibitor’s trade or business during the Exhibition, and Exhibitor agrees to pay all taxes or fines that may be levied or due as the result of the Exhibitor’s booth at the Exhibition. All electrical wiring on booths and equipment must conform to federal, state, municipal and any other applicable codes or laws. All hazardous items must be properly safeguarded, protected, registered, and/or avoided in accordance with applicable federal, state, and municipal regulations. As used herein, hazardous items include, without limitation, evacuated containers or components, radioactive materials, X-ray producing equipment, high voltage equipment, particle accelerators, and inflammable or explosive materials. Exhibitor will comply with rules and regulations concerning local unions. Only contractors approved by Baby Expo USA will be permitted to work in the exhibition premises.
Limit of Liability
Exhibitor agrees to pay promptly for any and all damage to the Exhibition building or its equipment, incurred through carelessness or otherwise, caused by the Exhibitor, his/her/its employees, agents, contractors, and representatives. Exhibitor acknowledges that Baby Expo USA does not maintain insurance covering damage, destruction, or loss of Exhibitor’s property, and Baby Expo USA assumes no responsibility for loss or damage to the Exhibitor’s property. Accordingly, it is the sole responsibility of Exhibitor to obtain fire, theft, liability, business interruption, property damage and/or other insurance covering such and other losses. Although commercial security may be attendant throughout the exposition, you are encouraged to secure small and valuable exhibit material each night. It is expressly understood by Exhibitor that neither Baby Expo USA nor its employees, agents, or representatives shall be responsible for or otherwise liable for damage or injury to Exhibitor, including Exhibitor’s guests, invitees, employees or agents person, business or property as a result of robbery, fire, water, accident or any other cause whatsoever. Should loss occur, Exhibitor is encouraged to report it immediately to attendant security. If the Exhibitor’s exhibit material or personnel fail to arrive, Exhibitor is nevertheless responsible for the full cost of the booth space rental, and no refund shall be forthcoming. Exhibitor expressly holds Baby Expo USA harmless and hereby expressly releases Baby Expo USA from any and all claims and actions, including without limitation, claims and actions arising out of the postponement or cancellation of the exhibition, and claims and actions directly or indirectly related to any loss, damage or injury incurred by Exhibitor or Exhibitor’s guests, invitees, agents, servants, contractors or employees. Notwithstanding the foregoing, in the event this contract or any of the terms of this contract are not enforceable by a court of competent jurisdiction, Exhibitor hereby expressly agrees the maximum liability of Baby Expo USA arising out of any tort, contract, legal or equitable clain or cause of action, whether cumulative or singular, joint or several, shall be limited to Exhibitor’s rent paid to Baby Expo USA for the booth space.
Indemnity
Exhibitor will protect, indemnify, defend, save and hold harmless Baby Expo USA and its corporate parents, agents, officers, and employees against all claims, liabilities, losses, damages, government charges, and costs (including attorneys’ fees) arising out of, caused by, or related to (1) Exhibitor’s installation, removal, maintenance, occupancy, or use of the exhibition premises or any part thereof; (2) any act or omission to act of Exhibitor or its guests, invitees, employees, agents, or contractors; (3) the use of any patents, trademarks, copyrights, or other intellectual property rights owned by a third party; or (4) any breach by Exhibitor or Baby Expo USA of its obligations under this Contract. Exhibitor will protect, indemnify, defend, and save the exhibit venue and the host city for Baby Expo USA, including its divisions and its employees and agents, harmless against all claims, losses, and damages to persons and property, governmental charges or fines, and attorneys’ fees arising out of or caused by Exhibitor’s negligence, recklessness, or intentional misconduct during the installation, removal, maintenance, occupancy or use of the exhibition premises or part thereof, excluding any such liability caused by the negligence, recklessness, or intentional misconduct of the venue and the host city, or its divisions, employees or agents.
Cancellation or Change of Exhibition Venue or Date(s)
If the premises in which the Exhibition is conducted become unfit for occupancy or substantially interfered-with due to any cause not within the control of Baby Expo USA the Exhibition may, at the sole discretion of Baby Expo USA be cancelled, relocated, or delayed. Exhibitor understands and acknowledges that Baby Expo USA shall not be responsible for delays, damage, loss, increased costs, or other unfavorable conditions arising out of causes not reasonably within the control of Baby Expo USA including without limitation, fire, casualty, flood, epidemic, earthquake, explosion, accident, blockage, embargo, inclement weather, government restraints, act of public enemy or civil disturbance, impairment, or lack of adequate transportation, inability to secure sufficient labor, technical or other personnel, municipal, state, or federal laws, or acts of God. Should Baby Expo USA cancel, relocate and/or delay the Exhibition pursuant to any of the foregoing, Exhibitor hereby waives any and all claims for injury, loss or damage arising therefrom.
Compliance with Rules
Exhibitor assumes all responsibility for compliance with all show rules and applicable and pertinent ordinance, regulations, and codes of local, state and federal government bodies concerning fire, safety, and health, as well as with the rules and regulations of operators and owners of the property and facility in which the Exhibition is held. Any Exhibitor not complying with rules, ordinances, regulations, and codes, shall be required to dismantle its exhibit and shall vacate the premises forthwith. In such event, no refund will be given to Exhibitor, and Baby Expo USA shall not be responsible for any damages, costs, or losses suffered by Exhibitor. Exhibitor will comply with rules and regulations concerning local unions. Only contractors approved in writing by Baby Expo USA will be permitted to work in the exhibition premises. This contract may be canceled by Exhibitor if written notice is delivered to and received by Baby Expo USA no later than sixty (60) days prior to the Exhibition. All deposits received by Baby Expo USA up to the date of receipt of the cancellation shall be non-refundable. In the event Baby Expo USA receives notice of cancellation within sixty (60) days of the Exhibition, Exhibitor shall remain responsible for the for the full payment of the booth space rental, including all costs and attorneys fees incidental to the collection of same. In the event Exhibitor fails to make payment in full and in a timely manner, or fails in any respect to comply with all terms of this contract, Baby Expo USA reserves the right to cancel this contract with or without notice to Exhibitor and all rights of Exhibitor hereunder shall immediately cease and terminate. Any payments made by Exhibitor may be retained by Baby Expo USA as liquidated damages for breach of this contract. Baby Expo USA shall be entitled to re-rent said booth space with no reimbursement or remuneration due to Exhibitor. Exhibitor acknowledges that Exhibitor’s failure to appear at the Exhibition does not release the Exhibitor from responsibility for payment of the full cost of the booth space rented.
Entire Agreement
These items constitute the entire agreement between Exhibitor and Baby Expo USA, and such agreement may not be modified except in writing. If any provision is invalid or unenforceable under applicable law, it is to that extent deemed omitted and the remaining provisions will continue in full force and effect. This Contract will be construed in accordance with the law of the State of Florida, regardless of the location of the Exhibit or Exhibitor and any claim, action or proceeding shall be commenced in the State of Florida. I/we understand this application becomes a binding contract when same is accepted in writing by Baby Expo USA, LLC. I/we have read, understood, and agree to be bound by the terms and conditions of Baby Expo USA as stated on page 2 of this application. No refunds will be granted within 60 days of the event.
