These General Terms and Conditions, together with the associated Exhibitor/Vendor Space Application and Exhibitor Contract (collectively, the “AGREEMENT”), constitute the agreement by and between Genie Effect LLC (Producer of ScareLA Los Angeles Halloween Convention “ScareLA”), referred to henceforth as the “EVENT” and the Exhibitor identified on the submitted Application in the connection with the Exhibitor’s participation in the Event described herein.

The Event is expected to take place on August 25 & 26, 2018 at the Los Angeles Convention Center, South Hall K located at 1201 S Figueroa St, Los Angeles, CA 90015 (the “VENUE”).

EXHIBITOR CONTRACT TERMS

1. Payment Policy: All exhibit space fees and other outstanding balances must be paid in full upon Application approval to reserve an exhibitor space. All additional outstanding balances must be paid in full no later than 15 days prior to the event.

2. Cancellations/Refunds: All booth sales are final. No Refunds. The undersigned understands and agrees that upon acceptance, Exhibitor has received the immediate benefit of having exhibition space reserved solely for its benefit and use, and that ScareLA no longer has the ability to offer this space to any other Exhibitor. Therefore, the undersigned agrees that all deposits and Fees paid to Management are non­refundable.                                                           

Exhibitors are considered a “no show” if a company does not occupy and exhibit in the designated space by the scheduled load-in date of the exposition. ScareLA has the right to use “no show” exhibit space in such a manner as it may deem in the exposition’s best interest. Failure to occupy exhibit space does not relieve the Exhibitor from their obligation to pay the full space rental fee.

3. Exhibits, Eligibility, Assignment, and Relocation: ScareLA reserves the right to determine the eligibility of any company or product for inclusion as an Exhibitor. Exhibitor understands and agrees that ScareLA has sole discretion on the assignment of booths and is under no obligation to assign Exhibitor any of the specific space which may be preferred by the Exhibitor.

ScareLA reserves the right to alter Exhibitor’s assigned location at any time at its sole discretion if deemed in the best interests of the convention. ScareLA also reserves the right to alter the exhibit hall floor plan at any time.

4. Installation, Setup and Removal of Exhibits: Exhibits may be moved into the Venue hall starting on August 23rd.

Deliveries of any palletized materials must be scheduled for Friday, August 24th. The venue cannot accept deliveries prior to that date. Exhibitor is responsible for any additional charges for freight handling.

Exhibits must be fully set up at least one hour prior to the opening of the exposition (by 10am PST, August 25th). Exhibits not set up at least one hour prior to the opening of the exposition will be considered as a “no show” and are subject to policies set forth in paragraph number 2.

Exhibitor must check in with a ScareLA vendor manager upon arrival to be directed to their exhibit space and sign for received tables, linens, chairs, and any other requested rentals.

Displays must remain fully intact and manned during all exhibit hours. (11am to 7pm, August 25th and 11am to 6pm, August 26th, 2018). Exhibitors who leave their booth early on either day or break down their displays prior to 6pm on August 26th will be required to pay ScareLA a $250 charge per rented booth or table space.

Before leaving ScareLA, exhibitors must sign out with a ScareLA vendor manager and confirm return of any rentals (tables, linens, chairs, etc.) in the condition they were received. The cost of any damage or losses will be billed to exhibitor. If exhibitor leaves the venue  without checking out with a ScareLA vendor manager they forfeit any right to dispute any losses that ScareLA may claim of damaged or lost rentals, and will be billed for repairs or replacements  at ScareLA’s discretion.

5. Subletting Space / Exhibition and Sale of Goods: No exhibitor shall assign, sublet, or apportion the whole or any part of their (its) allotted rental space. Exhibitor shall only exhibit or sell goods, apparatus, etc. which are manufactured or sold by the exhibitor in (his/her/its) regular course of business. Subdivisions and subsidiary organizations that share with a parent company will not be recognized as exhibitors and will not be entitled to the benefits set forth in this agreement for recognized exhibitors.

6. Exhibit Services and Exhibitor-Appointed Contractors: Exhibitor is responsible for contracting or hiring any labor or other services involved for the installation, manning, and breakdown of their exhibit space, and any costs for said labor or services.

7. Displays and Activities: Exhibitors must adhere to the ScareLA’s Displays and Activities Guidelines (see attached) for all displays, exhibits and activities. Exhibitor displays that do not meet ScareLA’s guidelines must be approved by Show Management prior to the event. Exhibitors who assemble a display that does not meet ScareLA’s guidelines or obstructs sight to other Exhibitors’ rental spaces will have their booths moved, rearranged, or dismantled at the Exhibitor’s expense.

8. Placement and Care of Exhibit Space: Exhibitor is responsible for any labor and costs to safely move exhibit items, supplies, and merchandise to their designated space. Exhibitor shall properly protect and maintain its exhibit space and appurtenant property. Exhibitors shall pay ScareLA or its designee the cost of restoring Exhibitor space and appurtenances to its original condition prior to its use by the Exhibitor; reasonable wear and tear expected.

9. Exhibitor Admission and Access: Exhibitors receive two (2) complimentary general admission weekend passes per paid 10×10 booth space or table space. Additional general admission day passes may be purchased for $15 per single day pass or $25 per weekend pass when paid in advance (maximum of  four (4) additional passes per day). All company representatives must register upon arrival and wear ScareLA-furnished identification badges at all times. Exhibitor passes are non-refundable. Exhibitors will be allowed to enter the Exhibit Hall a minimum of 60 minutes before the Exposition opens

10. Conflicting Meetings and Social Activities: In the interest of the success of the entire convention, Exhibitor agrees not to extend invitations to meetings, receptions, outings, social events, or otherwise encourage attendee absence from the conference or Exhibit Hall during conference and show hours. Exhibitors must obtain approval from Show Management for all activities planned during the course of the convention.

ScareLA reserves the right to request and enforce cessation of any non-approved activity as it sees fit.

11. Exhibitor Communication with Venue, Volunteers, & Staff: Exhibitor will direct any questions about the venue directly to ScareLA’s producers. Exhibitor agrees not to contact venue management with regards to ScareLA at any time.

ScareLA volunteers and staff may be available to assist with venue and event concerns. Exhibitor agrees to never ask staff or volunteers to perform any duties related to operations with their booth, including but not limited to, handling cash or credit transactions, setting up or refilling inventory, and sales related activities.

12. Food and Beverage: Food and beverages may only be distributed in the Exhibit Hall and/or venue in sample pack size after obtaining explicit written approval from ScareLA. Vendors offering samples of food and beverages must have a Temporary Food Facility permit and have written approval from ScareLA to distribute said food and beverage items.

13. Prize Drawings and Promotions: Any prize drawings, contests, or other promotions must follow all local, state, and federal laws.

14. Insurance: ScareLA shall not be liable for loss or damage of any article of equipment or  property of Exhibitor that Exhibitor may suffer during installation/removal or during the convention itself, by reason of robbery, fire, accident, or any other destructive cause. Insurance must be maintained by the Exhibitor. Exhibitor shall at its own expense, secure and maintain through the period of the convention, inclusive of move-in and move-out days, the following insurance: (a) workers’ compensation insurance; (b) employer’s liability insurance with limits not less than $1,000,000 each accident; and (c) comprehensive general liability insurance with limits not less than $1,000,000 each (occurrence combined single limit) for bodily injury and property damage. Required comprehensive general liability and liability insurance policies shall name ScareLA, its affiliates, and their respective officers, directors, agents, and employees as additional insurers.

15. Indemnification and Waiver: Exhibitor agrees to indemnify, hold harmless, and defend ScareLA or the Los Angeles Convention Center and their respective members, officers, directors, agents, and employees (“indemnities‟) from and against any and all liabilities, damages, actions, losses, claims, and expenses (inclusive of attorney’s fees) on account of personal injury, death, or damage to or loss of property or profits arising out of or contributed to by any act, omission, negligence, fault, or violation of a law or ordinance by the Exhibitor or its employees, agents, contractors, patrons, and invitees. Exhibitor hereby waives each and every claim that arises or may arise in its favor against any one or more of the indemnities for any and all losses of damage. Such waiver precludes the assignment of any claim by subrogation or otherwise.

16. Protection of Facilities and the Public: Exhibitor shall not use the exhibit facilities or permit them to be used by any employee, patron, contractor, or invitee: (a) for any illegal purpose; (b) in conflict with any applicable law, ordinance, rule, or regulation of any governmental authority; (c) in any manner that could violate the insurance or increase the rate of insurance on the facilities; (d) in any manner that constitutes any waste or nuisance; (e) in any manner that causes any injury to the facilities; or (f) in violation of any applicable rule or regulation issued by management of the exhibit facilities.        

17. Facilities Rules: Exhibitor agrees to comply with all rules and regulations prescribed by the management of the exhibit facilities, meet the requirements of all local authorities, and obtain, at their own expense, any necessary permits, licenses, or equipment, should any be required for the particular individual displays or the particular exhibit of the Exhibitor. Exhibitor agrees that failure to conform to all facilities and city rules and regulations may result in the closure of its exhibit by ScareLA.

18. California Resale and Sales Tax: Exhibitors are responsible for collection and payment of all California Sales Tax. To obtain a free California Resale Certificate, you may contact the CA State Board of Equalization at 1(800) 400-7115 or visit them online at www.boe.ca.gov. Exhibitor must supply ScareLA with their sellers permit number before conducting any sales at the event. Any exhibitor caught providing inaccurate, invalid, or expired permit information agrees to pay ScareLA $1000.00 and shall be financially responsible for any and all legal fees, court costs, and collection fees.

19. Audiovisual Equipment: Sound must be kept at a volume not to exceed that of normal conversations, 80 decibels. It must not interfere with neighboring Exhibitors and must be devoted exclusively to the business of the Exhibitor. The equipment must be in the space, not in the aisle.

20. Violations: If Exhibitor defaults in the performance of any term of this contract (inclusive of payment of fees, maintenance of insurance, and compliance with any and all rules and requirements concerning the use of the exhibit facilities), ScareLA, at its option, may immediately terminate this contract. Upon such termination, Exhibitor’s rights and privileges under this contract shall terminate, and ScareLA shall have the right to take possession of the space occupied by the Exhibitor and to remove all persons and goods, without any liability whatsoever to the Exhibitor. In addition, ScareLA shall be entitled to recover any and all damages caused, in whole or in part, by such default. ScareLA shall be entitled to pursue any and all appropriate remedies and to recover attorney’s fees and costs. To secure performance of Exhibitor’s obligations under this contract, Exhibitor hereby grants ScareLA a lien against all property of the Exhibitor in the exhibit facilities.

21. Miscellaneous: Neither party shall be liable for failure to perform its obligations, if prevented from doing so by any cause beyond its reasonable control, inclusive of fire, flood, riot, earthquake, civil commotion, insurrection, labor disputes, strikes, war, shortage of or inability to obtain materials, supplies or utilities, or any law or government action that becomes effective after the date of execution of this contract. If any provision of this contract is held invalid or unenforceable under applicable law, such provision shall be ineffective, without invalidating the remaining provisions hereof. The headings of this contract are intended for convenience of reference and shall not affect their interpretation. This contract contains the entire understanding of the parties, and there are no representatives, warranties, or undertakings other than those expressly set forth herein.

22. Cancellation of Show: In the event the show is cancelled for reasons beyond the control of ScareLA, space rental fees or deposits which have been paid will be refunded to exhibitors on a prorata basis after deducting show expenses, administrative fees, and overhead charges incurred by ScareLA through the date of cancellation. ScareLA reserves the right to change show dates. Exhibitors will be given 7 days from the notification of a date change to confirm their availability or request a refund for their space.

23. Amendment to Terms and Conditions: Any and all matters or issues not specifically covered by the terms and conditions contained herein shall be subject to the sole discretion of ScareLA. ScareLA may, in its sole discretion, make reasonable changes, amendments, or additions to the terms and conditions contained herein. Any such changes, amendments, or additions shall be incorporated into the agreement and be binding on the exhibitor to the same extent as the other terms and conditions contained herein.

24. Entire Agreement: This Agreement and the Displays and activities Guidelines constitutes the entire agreement between the Exhibitor and ScareLA with respect to the subject matter of this Agreement and supersedes all prior written and oral agreements and understandings between ScareLA and Exhibitor with respect to the subject matter of this Agreement. This Agreement may not be amended except by a written agreement executed by the parties hereto.

Therefore, the parties hereto have executed this Agreement on the date Exhibitor Application was submitted at http://scarela.com/exhibitors/exhibitor-application/. By submitting their application to exhibit at ScareLA 2018, the Exhibitor certifies they have thoroughly read, understand and agree with all hereby stated Terms and Conditions and ScareLA Exhibitor Contract Terms.

ScareLA’s Displays and Activities Guidelines

Adult Content

Adult material must always be inaccessible to minors. Merchandise displaying nudity, profanity or anything else which may be deemed “offensive” must be kept covered.

Americans with Disabilities Act (ADA)

All exhibiting companies are required to be in compliance with the Americans with Disabilities Act (ADA) and are encouraged to be sensitive, and as reasonably accommodating as possible, to attendees with disabilities.

Information regarding ADA compliance is available from the U.S. Department of Justice ADA Information Line (800-514-0301) and from web site www.usdoj.gov/crt/ada/infoline.htm.

Booth Appearance

Unfinished or unsightly booths that are exposed to an aisle must be masked or draped at the exhibitor’s expense.

Damages to Venue or Rented Items

Vendors who damage the floor or walls of the hall by using inappropriate tape (anything except blue painters tape), etc. will be held financially liable.

All booths demonstrating or using any makeup, paint, or other staining substance must protect the floor beneath their booth with covering. The plastic, carpeting, etc. used to cover the floor must be acquired by the exhibitor; ScareLA will not provide such materials. The exhibitor will be charged for any stains or damages to the floor, walls, linens, and/or other rented materials.

Absolutely no use of screws, nails, and/or staples.

A 25% administrative fee will be added to all fees associated with damage to the venue or rented items.

Demonstrations

As a matter of safety and courtesy to others, exhibitors should conduct sales presentations and product demonstrations in a manner which assures all exhibitor personnel and attendees are within the contracted exhibit space and not encroaching on the aisle or neighboring exhibits. It is the responsibility of each exhibitor to arrange displays, product presentation and demonstration areas to ensure compliance. 

Special caution should be taken when demonstrating machinery or equipment that has moving parts, cooking equipment with an open flame, or any product that is otherwise potentially dangerous. Exhibitors should establish a minimum setback of three feet (3’) and/or install hazard barriers as necessary to prevent accidental injury to spectators. Sound demonstrations should not exceed 85 decibels. Additionally, demonstrations should only be conducted by qualified personnel.

Electrical

●        All 110-volt wiring must be grounded three-wire; two-wire cords cannot be used for 110-volt wiring.

●         Wiring that touches the floor should be “SO” cord (minimum 14-gauge/three-wire) flat cord, which is insulated to qualify for “extra hard usage”.

●         Cord wiring above floor level can be “SJ” which is rated for “hard usage”.

●        Using zip cords, two-wire cords, latex cords, plastic cord, lamp cord, open clip sockets, and two-wire clamp-on fixtures is not recommended. Cube taps are not recommended.

●        Power strips (multi-plug connectors) should be UL approved, with built-in over-load protectors.

●        Any and all wiring may not extend beyond the booth boundaries or across attendee foot traffic areas.

●        For additional requirements, details, issues during the Event and to secure your electric needs, please contact the Event’s exclusive provider.

Flammable and Toxic Materials

All materials used in display construction or decorating should be made of fire retardant materials and be certified as flame retardant. Samples should also be available for testing. Materials that cannot be treated to meet the requirements should not be used. A flameproofing certificate should be available for inspection.

Exhibitors should dispose of any waste products they generate during the exhibition in accordance with guidelines established by the Environmental Protection Agency and the facility.

Fog

Fog machines require written approval by ScareLA and must not interfere with surrounding areas or other Exhibitor booths. Any use of fog prior to event hours must be approved by ScareLA staff including any test bursts. Use of smog may be immediately terminated or suspended at any time by order of the building manager or fire marshall.

Lighting

Exhibitors should adhere to the following suggested minimum guidelines when determining booth lighting:

●        No lighting, fixtures, lighting trusses or overhead lighting are allowed outside the boundaries of the exhibit space.

●        Exhibitors intending to use hanging light systems should submit drawings to exhibition management for approval.

●        Lighting should be directed to the inner confines of the booth space. Lighting should not project onto other exhibits or show aisles.

●        Lighting which is potentially harmful, such as lasers or ultraviolet lighting, should comply with facility rules and be approved in writing by exhibition management.

●        Lighting that spins, rotates, pulsates and other specialized lighting effects should be in good taste and not interfere with neighboring exhibitors or otherwise detract from the general atmosphere of the event.

Parking

Exhibitors may only park in designated parking areas. ScareLA will provide a list of area parking lots for exhibitor use. Exhibitors will be required to pay any and all parking lot fees for their vehicle; ScareLA will not reimburse exhibitors for parking.

All exhibitors must register their license plate with ScareLA in order to use the loading dock. The loading dock can only be used by an exhibitor during his or her scheduled load in time and once their booth has been checked and approved for load out. All unidentified vehicles and any vehicles parked in the loading dock area in times other than load in/ load out will be towed at the owner’s expense and/or subject to a $250 fee.

Sound/Music

In general, exhibitors may use sound equipment in their booths so long as the noise level does not disrupt the activities of neighboring exhibitors. Speakers and other sound devices should be positioned so as to direct sound into the booth rather than into the aisle. Rule of thumb: Sound and noise should not exceed 85 decibels.

Exhibitors should be aware that music played in their booths, whether live or recorded, may be subject to laws governing the use of copyrighted compositions. ASCAP, BMI and SESAC are three authorized licensing organizations that collect copyright fees on behalf of composers and publishers of music.

“Hawking”, yelling or creating any kind of public disturbance/annoyance is prohibited.

Storage

Fire regulations in most exhibit facilities prohibit storing product, literature, empty packing containers or packing materials behind back drapes or under draped tables. In most cases, however, exhibitors may store a limited supply of literature or product appropriately within the booth area, so long as these items do not impede access to utility services, create a safety problem or look unsightly.

Exhibitors must arrange for their own storage of pallets, crates, and other shipping items. The Los Angeles Convention Center does not have a designated storage area for these items during the show.

Structural Integrity

All exhibit displays should be designed and erected in a manner that will withstand normal contact or vibration caused by neighboring exhibitors, hall laborers or installation/dismantling equipment such as fork lifts. Displays should also be able to withstand moderate wind effects that may occur in the exhibit hall when freight doors are open. Refer to local building codes that regulate temporary structures.

Exhibitors should ensure that any display fixtures such as tables, racks or shelves are designed and installed properly to support the product or marketing materials to be displayed upon them.

Weapons

The sale of weapons (or items that may be deemed a weapon) to minors is prohibited.