1. Exhibit Space. You, as Exhibitor, shall be assigned a designated Exhibit Space within the Michigan State Fair (hereinafter, “State Fair”) at the Suburban Collection Showplace, operated by BoCo Enterprises, Inc. and owned by TBON, LLC (hereinafter, collectively, “Sponsors”). At all times Exhibitor must conform to the size and space of their assigned space. No exhibit shall be of such character or arrangement as to obstruct the view or interfere with the exhibits of other Exhibitors and shall never extend into any aisles. No exhibit shall exceed eight (8) feet in height without express written consent of the Michigan State Fair Show Management (hereinafter, “Show Management”). Nor shall any part of any exhibit or any signs used by Exhibitor within their assigned space shall be posted, nailed, or otherwise attached to the walls, doors, windows, or other surfaces of the Suburban Collection Showplace (hereinafter, “The Facility”). Interviews, demonstrations, distributions of literature, and any other marketing activities must occur within the Exhibit Space. If video or audio are used in the booth, volume levels must be kept at a level that does not interfere with other Exhibitor’s Exhibit Space.2. Deposits. All deposit money for Exhibit Space will be retained if the Exhibitor fails to fulfill, violates, or cancels Exhibit Space. 3. Payment. All charges for your Exhibit Space shall be paid in full with US dollars by the date specified in the Michigan State Fair Exhibitor Contract. You agree that the State Fair, Sponsors, and their agents, representatives, cannot guarantee by your exhibiting at the State Fair any financial gain to you or your organization, nor can they guarantee attendance at the State Fair. 4. Refunds; Liquidated Damages. No refunds will be made if Exhibit Space is unused or partially used. However, if Exhibitor gives Notice to Show Management that Exhibitor will not participate in the Michigan State Fair and would like to cancel its Exhibit Space more than ninety (90) days prior to the State Fair’s occurrence, Show Management shall return any Payments made by Exhibitor. If Exhibitor gives Show Management Notice of its intent to cancel its Exhibit Space more than thirty (30) days, but less than or equal to sixty (60) days from the State Fair’s occurrence, Show Management will return fifty percent (50%) of any Payments paid by Exhibitor for Exhibit Space. No refunds shall be given if Exhibitor cancels its Exhibit Space thirty (30) days or less from the State Fair. 5. Liability for Loss, Theft, Property Damage, or Personal Injury. Exhibitor hereby waives any and all claims against Sponsors, Show Management, their employees, agents, or representatives, relating to any loss, theft, damage, or destruction to its property, and from any and all claims for personal injuries relating to its operation of Exhibit Space at the State Fair. It is recommended that Exhibitor take precautionary measures of their own to secure and safeguard property. Further, Exhibitor assumes entire responsibility, and hereby agrees to protect, defend, and hold harmless the Sponsors, State Fair, and Show Management, and their respective employees, agents, and representatives, against all claims, losses, and damages to persons or property, governmental charges or fines and attorneys’ fees arising out of or in connection with Exhibitor’s installation, removal, maintenance, or use of Exhibit Space. Exhibitor shall be held jointly and severally liable for any damage to Sponsors caused by Exhibitor, its employees, agents, or representatives. 6. Insurance. It is expressly acknowledged that Sponsors, State Fair, or Show Management, or their employees, agents, and representatives have not purchased insurance of any kind for the benefit of Exhibitor, nor is it under any obligation to do so. Exhibitor agrees to obtain and keep in force until completion of the State Fair, including set up and tear down, a commercial general liability insurance contract with liability limits equal to or greater than the following limits:a. Comprehensive General Liability Insurance coverage, including protective and contractual liability coverage, with limits not less than $1,000,000.00 per occurrence. b. Employer’s Liability Insurance with minimum limits of $100,000.00 per accident. c. Worker’s Compensation Insurance coverage in full compliance with Federal and State laws.d. Comprehensive General Automobile Liability Insurance covering owned, non-owned, and hired vehicles including loading/unloading hazards with bodily injury limits of $250,000.00/$500,000.00 and property damage limits of $100,000.00.The contractor shall provide a certificate of insurance to the State Fair, evidencing such coverage within ten days of this Agreement’s execution.7. Additional Insureds and Indemnities. See EXAMPLE CERTIFICATE COPY further within this packet. For each and every of the above insurance policies, the following must be provided as Additional Insureds/Indemnities:(a) BoCo Enterprises, Inc. (46100 Grand River Avenue, Novi, MI 48374)(b) TBON, L.L.C. (46100 Grand River Avenue, Novi, MI 48374)(c) Epoch Hospitality, LLC dba Epoch Catering. (46700 Grand River Ave, Novi, MI 48374)(d) Suburban Marketing Group dba The Suburban Collection (1795 Maplelawn Drive, Troy, MI 48084)(e) Avalon Hospitality Group (9555 Chesapeake Drive, Suite 202, San Diego, CA 92123)(f) The Michigan State Fair, a private entity, LLC (46100 Grand River Ave., Novi, MI 48374)8. Indemnification. Exhibitor shall be solely responsible for any and all injuries to persons or damages of property or any other injury, claim, damage or loss of whatever nature, arising directly or indirectly from Exhibitor’s activities during the State Fair or its performance under this Agreement. Contractor shall INDEMNIFY, SAVE AND HOLD HARMLESS those entities listed above as Additional Insureds, and their employees, agents, and volunteers from and against all liability, loss, damages, claims, costs and expenses (including attorney fees) arising out of injury to person or damages to property or any other injury, claim, damage, loss, cost or expense arising from the Exhibitors actions during the State Fair or its performance of this Agreement.9. Compliance with Facility Rules and Regulations. The Exhibitor agrees to abide by all rules and regulations of the Sponsors/Facility in which the State Fair takes place. All rules and regulations are on file in the general office of the building. No “E-Z Up” tents are allowed in the Facility without the express written permission of Show Management. Advertising materials or signs of entities or people, other than those who have engaged space with the State Fair, are prohibited. Exhibitors must be present at all active hours of the State Fair. All Exhibitors must wait to dismantle Exhibit Spaces until show closing. SHOW MANAGEMENT WILL APPRECIATE BEING INFORMED OF ANY INFRACTION OF THIS RULE.We reserve the right to suspend the sale of any items or merchandise at any time for any reason. Noncompliance with a management directive will result in expulsion and removal with no refund.10. Exhibit Space Equipment. Exhibitors are responsible for providing all equipment necessary for their Exhibit Space. Motion picture projectors and other equipment must conform to state and city fire regulations. Electrical wiring must conform with state and local fire codes. Loud speakers, radios, television sets, or the operation of any machinery or equipment shall be subject to Show Management’s discretion. Tables or platforms on which any monitor or equipment is placed cannot exceed a height of 42 inches. All display décor shall be fire retardant before entering into the Exhibit Space. Booth/space should be properly manned at all times during exhibit hours. An unoccupied space has very little value to you or to our patrons and pilferage may occur when booths are not manned. All vendors/Exhibitors/Concessionaires must confine activities to within the limits of the space allotted to them. Sales people and demonstrators are prohibited from operating in the aisles/walkways and from extending their activities into the aisles/walkways. Violations may result in immediate termination of contract and will be asked to leave the premises.11. Expulsion and Right of Refusal. Show Management and/or Sponsors have the right to refuse an Exhibitor on the grounds of non-compatibility with the event, the absolute right to select whom may exhibit, and the absolute right to regain possession of any Exhibit Space for any reason whatsoever. Unethical conduct, uncooperative behavior, infraction or rules, sexually oriented material, or safety hazards deemed potentially dangerous to persons or property shall subject the Exhibitor to dismissal from the State Fair. No refunds shall be given in the event of dismissal for a violation of any rules and regulations. Only registered exhibitors will be admitted to the State Fair. All agents and representatives of Exhibitor must register with Show Management.12. Floor Plan; Event Times. Sponsors and Show Management have the right to change the time and floor plan of the State Fair. Exhibitor must be present during all active hours of the fair, this includes the day before the opening of the fair, our VIP Reception & Charity Preview through Monday.13. Subletting of Space. Exhibitor shall not assign, sublet, or apportion the whole or any part of its assigned Exhibit Space. Nor shall Exhibitor allow any other organization or person within their own Exhibit Space without the written consent from Show Management. Exhibitor shall not assign or transferred its rights or privileges under this contract. 14. Legal Compliance. All exhibitors are required to comply with any and all federal, state, and local laws, rules, and regulations and to obtain any applicable licenses or permits (including, but not limited to, sales tax, raffles, etc.). Exhibitor is hereby charged with knowledge of all such laws, ordinances, and regulations pertaining to health, fire prevention, and public safety, while participating in the State Fair and agrees to comply with said laws. 15. Intellectual Property. Exhibitor agrees to pay when due any and all royalties, license fees, or other charges accruing or becoming due all royalties, license fees, or other charges accruing or becoming due to anyone by reason of any music, either live or recorded, or other entertainment of any kind or nature, played staged or produced by the Exhibitor, its agents, employees, or representatives, within the Exhibit Space. Exhibitor shall assume all costs and expenses arising from the use of patented, trademarked, or copyrighted material, equipment, devices, processes, or dramatic rights, used during or incorporated during the State Fair by Exhibitor, and agrees to protect, indemnify, defend, and hold harmless, Sponsors, Show Management, and their respective agents, representatives, and assigns, from any damages, costs, or expenses relating to Exhibitor’s activities at the State Fair. Exhibitor authorizes Show Management to use Exhibitor’s name and/or likeness to promote the State Fair and to solicit other exhibitors for the State Fair and future events.16. Force Majeure. Sponsors and/or Show Management, their agents, or representatives shall not be liable for the fulfillment of this contract as to delivery of Exhibit Space if non-delivery is due to any of the following causes: by reason of Sponsors/Facility being destroyed or damaged as to reasonably not be usable for the State Fair, acts of God, strikes, authority of law, or for any other reason beyond Sponsors or Show Managements control. 17. Official Trade Show Services Contractor. Sponsors and Show Management will make available to Exhibitor an official Trade Show Services Contractor for the purpose of providing utilities, furnishings, accessories, tables, draperies, signs, models, labor for erecting and dismantling exhibits, etc. Exhibitor may not employ any other contractor for these services without prior written permission from Show Management. It is expressly understood that such Trade Show Services Contractor is not the agent or employee of Sponsors, Show Management, or State Fair and that none of the aforementioned shall be liable to Exhibitor or any other person for the acts or omissions of the Trade Show Services Contractor. 18. Disputes. Exhibitor agrees that Show Management has, and consents to, Show Management’s authority to settle all disputes regarding issues not covered by this contract. All such disputes shall be brought to Show Management’s attention immediately. Exhibitor agrees to abide by Show Management’s resolution of said issue. 19. Joint and Several Liability. Exhibitor, its agents, or representatives shall be held jointly, collectively and individually responsible for any and all debts incurred for all Payments, exhibit costs, fees, or charges, due under this Contract. 20. Conduct of Vendors/Exhibitors/Concessionaires. Each Lessee is expected to deal honestly and fairly with the public and any attempted fraud, deception or misrepresentation will be considered sufficient cause for revoking the Vendors/Exhibitors/Concessionaire contract.21. Negative attitudes, excessive unfounded complaining, etc. are not welcome and will not be tolerated.22. NO Drinking alcoholic beverages in concession, games, and/or rides are permitted. NO Smoking in Vendors/Exhibitors/Concessionaire booths or trailers.24. Hawking; distributing hand bills or other materials; posting or tacking advertisement bills, cards, etc., is strictly prohibited anywhere on the Fairgrounds complex, except within the confines of the Vendors/Exhibitors/Concessionaires own space. Painting; drilling of walls and/or floors; or making permanent installations to Fair property will not be allowed.25. Vendors/Exhibitors/Concessionaires may advertise or distribute approved products or literature only from within their own exhibit space. They may promote their own product or activity but may not discredit others. Oral and visual advertising, solicitation and distributed materials must be in good taste, must be neutral or positive and may not be defamatory, promiscuous, pornographic, obscene, profane or vulgar.26. Absolutely NO roving Vendors or roving solicitor (acting either for a profit, or nonprofit organization, or on own behalf) shall be permitted to operate anywhere on the Fairgrounds. All solicitation for contributions or sales must be made within the confines of the person’s own (or his organization’s) contracted space. No Vendors or solicitor will be permitted to engage in deliberate touching ofun-consenting persons. Solicitation of donations by Vendors/Exhibitors/Concessionaires from their booth is prohibited, unless specifically authorized in writing in the license agreement.27. The sale of firearms, imitation firearms, water, paintball and airsoft guns is strictly prohibited. If management deems that these items appear too realistic, they reserve the right to prohibit their sale. Please be advised that booth requests and assignments are not guaranteed, and changes or swaps may occur up until the move-in date. We understand the significance of your preferences, and we strive to accommodate them to the best of our ability. However, circumstances may arise that necessitate adjustments to the booth allocation process.Notification of final booth numbers will be sent to all participants prior to the move-in date, ensuring transparency and allowing you to prepare accordingly for the event. We appreciate your understanding and flexibility in this matter.In the event that you have specifically requested a main aisle or premium space, it is important to note that, if management exhausts its available inventory and you have not paid in full, we reserve the right to notify you to make the final payment promptly. Failure to do so may result in the reassignment of your booth to a standard space. Thank you for apply to be a Vendor at the Michigan State Fair. We look forward to working in partnership with you to create the best State Fair experience in the country.
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