Terms and Conditions:
Acceptance

These terms of use are entered into by and between you, the exhibitor/sponsor (“Exhibitor/sponsor”), and the Georgia Chapter of the American Society of Landscape Architects (“GA ASLA”). The following terms and conditions govern Exhibitor/sponsor’s sponsorship of GA ASLA’s convening (as defined below), including any booth that Exhibitor/sponsor sets up and maintains for an GA ASLA event. These Terms and Conditions constitute the entire agreement between GA ASLA and Exhibitor/sponsor with respect to GA ASLA’s event and supersede all other previous and contemporaneous communications, representations, agreements, or prior proposals between the parties regarding GA ASLA, whether written or otherwise.

We understand that submission of this application indicates agreement to pay 100 percent of the exhibit fee. We understand that booth cancellations must be received in writing. A non- refundable fee equal to 25 percent of the total booth cost will be forfeited for cancellations received by March 31, 2023. After March 31, 2023, no refunds will be issued. GA ASLA reserves the right to cancel exhibit space if the payment balance is past 60 days of the invoice date, in which case, deposits will not be refunded. Payments for 2023 exhibit space may not be applied to subsequent EXPOs. If our choices of space have been assigned, we request GA ASLA to assign the best available space. We understand: 1) this application becomes a contract when submitted by our representative and is accepted by GA ASLA, and 2) this agreement is considered a confidential communication between GA ASLA and our company. We agree to comply with the terms, exhibit regulations, instructions, and conditions as published in this application and in the official Exhibitor manual which will be forwarded at a later date, and with all conditions under which facilities (Conference Center) have been rented to GA ASLA. I have read and agree to the terms, conditions, and rules governing exposition as contained on both pages of this application and contract.

GA ASLA recognizes that some exhibitors may be reluctant to participate in the EXPO without knowing their financial liability to GA ASLA should there be an event cancellation as a result of the ongoing pandemic. Therefore, the amendment to the contract stipulates: “Notwithstanding anything to the contrary set forth in the Agreement, in the event Owner cancels the Conference in its entirety as a result of COVID-19 or considerations arising therefrom, Owner hereby agrees to provide Exhibitor a full refund of all monies, including deposits, paid by Exhibitor to Owner for the 2023 EXPO."

We understand: 1) this application becomes a contract when submitted by our representative and is accepted by GA  ASLA; 2) this agreement is considered a confidential communication between GA ASLA and our company. We agree to comply with the terms, exhibit regulations, instructions, and conditions as published in this application and in the official Exhibitor manual which will be forwarded at a later date, and with all conditions under which facilities (Coference Center) have been rented to GA ASLA. I have read and agree to the terms, conditions, and rules governing exposition as contained on both pages of this application and contract.

1. This application for space constitutes a contract for the right to use the space. By submitting an application for exhibit space, the applicant releases GA ASLA, the Venue, and official show con- tractors from any and all liabilities to the applicant, its agents, licensees, or employees that may arise or be asserted as a result of the submission of an application or of participation in this exhibit. Acceptance of an application does not imply endorsement by GA ASLA of the applicant’s products, nor does rejection imply lack of merit of product or manufacturer.GA ASLA has sole right to determine eligibility of any company or product for inclusion in the trade show and retains the right to rescind the contract within 30 days of receipt if the exhibit is deemed to be contrary to the best interests of the show. GA ASLA has the right to move any Exhibitor’s location in the exhibit hall for any reason.
2. No Exhibitor may sublet, assign, or apportion any part of the space allotted, or represent, advertise, or distribute literature for the products or services of any other firm or individual except as approved in writing by GA ASLA. The purposes of the exhibit are to inform and educate GA ASLA members regarding the characteristics and uses of the products. Cash and carry sales are not permitted.
3. Booths must be set up by 3:00 p.m. the day the show opens. Booth setup will not be permitted after that. The show decorator will carpet and furnish any booth space not set up by noon the day before the show opens and the invoice will be sent to the exhibitor.
4. All Exhibitors activities must be confined to the contracted exhibit space. No solicitation or distribution of materials outside of exhibit space will be allowed without written permission from GA ASLA.
5. Exhibitor’s booth representatives shall be restricted to employees of the exhibiting companies who are working in the Exhibitor’s booth. Booth representatives shall wear “EXHIBITOR” badge identification furnished by GA ASLA at all times. GA ASLA may limit the number of booth representatives at any time.
6. The exhibitor’s representative’s manner, appearance, and dress must be such as not to offend even the most critical. Any breach of this rule may result in the Exhibitor being ejected or barred from the show. Exhibitors operating audio or any other noise-creating devices shall do so only at a level which will not interfere with other Exhibitors or add unduly to general acoustic inconvenience, or GA ASLA may require discontinuance of their use. Should the wording on any sign or area in Exhibitor’s booth be deemed by GA ASLA to be contrary in any way to the best interests of the trade show, Exhibitor shall make such changes as are requested by GA ASLA. All demonstrations of services or equipment, interviews, and other exhibit activities must be conducted so as not to infringe on the rights of other Exhibitors or offend visitors to the exhibit.
7. Exhibitors using music in their booth, either live or mechanical, must provide GA ASLA with a copy of the Exhibitors Licensing Agreement with AS- CAP, BMI, or other such licensing organization. Further, should Exhibitor play music, Exhibitor agrees to indemnify and hold GA ASLA harmless from any action brought against GA ASLA by ASCAP, BMI, or other such licensing organization for the playing of such music.
8. Exhibitor is liable for any damage caused by Exhibitor or its representatives to building floors, walls, or columns, or to the property of other Exhibitors. Exhibitors may not apply paint, lacquer, adhesive, or other coatings to building columns or floors or to standard booth equipment.
9. Exhibitor agrees to accept full responsibility for compliance with federal, state, and municipal regulations in the provision and maintenance of adequate safety devices and conditions for the operation of machinery and equipment. Exhibitor agrees to comply with all state and local fire and safety regulations. Combustible or explosive materials and substances must be flame-proofed. Packing containers, excelsior, wrappings, and similar materials must be removed from the exhibit area and may not be stored under tables or behind displays.
10. The use of alcoholic beverages in the Trade Show area by the Exhibitor is prohibited except by permission of GA ASLA.
11. GA ASLA shall have sole control over admission policies at all times.
12. Booth representatives will be permitted to enter the trade show 30 minutes before the scheduled opening time each day of the show and will be permitted to remain in the exhibit hall up to 30 minutes after the closing hour on the first night.
13. Should any contingency prevent holding of the Trade Show, this lease shall terminate, and the Exhibitor waives any claim for damages or compensation, and neither party shall have any further obligation against the other, except that GA ASLA shall refund to the Exhibitor the amounts paid under the Agreement, less a pro-rata share of GA ASLA’s actual expenses incurred in connection with the said trade show. Said pro-rata share of GA ASLA’s actual expenses is to be determined on the basis of the number of square feet of floor space assigned to the Exhibitor in relation to the total number of square feet of floor space assigned to all Exhibitors.
14. Exhibitor agrees to indemnify GA ASLA, the Venue, members, officers, directors, agents, and employees of each of these entities and official show contractors against and hold them harmless for any claims arising out of the acts or negligence of the Exhibitor, his agents, or employees, or out of labor disputes.
15. Exhibitor acknowledges its responsibilities under the Americans with Disabilities Act (ADA) to make its booth accessible to handicapped persons. Exhibitor shall also indemnify and hold GA ASLA, the Venue, members, officers, directors, agents, and employees of each of these entities harmless against cost, expense, liability, or damage which may be incident to arise out of or be caused by Exhibitor’s failure to comply with the requirements of this
16. The operation of games of chance, lottery devices, or the actual or simulated pursuit of any recreational pastime is permitted only with written approval from GA ASLA. Games, lotteries, raffles, etc. must follow all local city and government regulations and reporting.
17. GA ASLA reserves the right to restrict exhibits which, because of noise, method of operation, or any other reason, become objectionable or otherwise detract from or are out of keeping with the character of the Conference as a whole. It may forbid installation or request removal or discontinuation of any exhibit or promotion which, if continued, departs substantially from the description given advance In the event of such restrictions or evictions, GA ASLA is not liable for any refund of rental or other expenses. Advertising, displays, demonstrations, conferences, entertainment, conference registration, and hospitality rooms in the interest of business are not permitted except by firms that have rented space to exhibit.
18. Exhibitors are required to observe all union contracts in effect between GA ASLA, its official contractors, the hotel, and various other organizations. GA ASLA cannot take the responsibility for interference with the show caused by disputes involving union personnel and individual Exhibitors.
19. Exhibits may not be dismantled before the close of the show. Exhibits must be removed by the Exhibitor from the premises no later than the time indicated in the official Exhibitor manual. The premises must be left broom clean by the Exhibitor. Exhibitor shall be liable for all storage and handling charges resulting from the failure to remove exhibit material from the exhibit hall prior to the conclusion of the dismantling period as specified by GA ASLA. Exhibitors who dismantle prior to show end will be penalized for booth selection the following year.
20. These regulations become a part of the contract between the Exhibitor and GA ASLA. All matters in question not covered by these regulations are subject to the decision of GA ASLA and all decisions so made shall be binding on all parties affected by them as by the original regulations. This Agreement shall be governed by the laws of the State of Georgia without regard to its conflict of laws principles. The parties hereby agree that any action arising out of this Agreement will be brought solely in any court located in the State of Georgia. Both parties hereby submit to the exclusive jurisdiction and venue of any such court.
21. Neither party shall be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, pandemics, strikes, lockouts, fires, acts of God, terrorism, cancellation of the Event, or any other activities or factors beyond its control that makes it inadvisable, impractical or impossible to hold the Event, whether similar or dissimilar to any of the If the Event is cancelled through no malfeasance of Exhibitor, Exhibitor shall be entitled to a refund of any fees paid. It shall not, however, be entitled to reimbursement for out-of-pocket expenses incurred in connection with the Event.
22. Exhibitor expressly assumes all risk associated with or arising in connection with Exhibitor’s participation in the Event, including all risks of theft, loss, harm, or injury to a person, property, business, profits of the Exhibitor or its agents, representatives, employees, contractors, and/or any other person under its direction, whether caused by negligence, intentional act, accident, Act of God, or otherwise.

GA ASLA MAKES NO REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND WHATSOEVER REGARDING EXHIBITOR’S PARTICIPATION IN THE EVENT, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE OR CUSTOM OR USAGE IN THE PROFESSION OR TRADE.

If Exhibitor or any of its agents, contractors, employees, invitees or guests (w) is alleged to have committed any act or omission, directly or through one or more of its officers, directors, employees, agents or representatives, constituting negligence or willful misconduct relating to its performance under this Agreement or participation in the Event, (x) breaches any of its obligations, representations, warranties or covenants herein, (y) violates, or allegedly violates any rule, law or regulation applicable to it, or (z) infringes, violates or impermissibly uses or misappropriates any rights of any third parties, including copyright, patent, trademark, trade secret or other intellectual or proprietary rights , then Exhibitor shall indemnify, defend on a current basis, and hold harmless GA ASLA and the Venue and each of their officers, directors, employees, agents, subsidiaries, parents, affiliates and attorneys, and their respective service contractors, successors and assigns, from and against any and all resulting judgments, claims, suits losses, damages, costs, and expenses, and other liabilities, together with all reasonable costs and expenses related thereto, including (without limitation) reasonable legal and accounting fees and expenses.

IN NO EVENT SHALL GA ASLA OR THE VENUE, OR ANY OF THEIR RESPECTIVE AFFILIATES, BE LIABLE UNDER THESE TERMS AND CONDITIONS OR WITH RESPECT TO THE EVENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT, LOSS OF USE, LOSS OF GOODWILL,OR BUSINESS INTERRUPTION (REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER OR NOT GA ASLA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE LIABILITY OF GA ASLA AND ITS AFFILIATES, REPRESENTATIVES, EMPLOYEES, AGENTS AND ATTORNEYS, AND EXHIBITOR’S REMEDY FOR ANY CLAIM OF LOSS OR DAMAGE ARISING FROM OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY EXHIBITOR TO ASLA PURSUANT TO THESE TERMS AND CONDITIONS AND WITH RESPECT TO THE EVENT.