2024
Vendor Terms
Each vendor will be required to sign and return a version of these terms in the form of a contract agreement. Once your application has been accepted, a link to our vendor portal with your login information will be sent to you via email. From there you will be able to sign the contract agreement and pay your deposit and rental fees.
This Agreement is between the Porter County Agricultural Society (hereafter referred to as Management or Show Management) and ____________________________ (Exhibitor’s name printed), (hereafter referred to as Exhibitor), for commercial booth space at the Porter County Fair (hereafter referred to as the Show) in the Expo Center.
1. BOOTH PRICE: As noted in the approval process
2. EXHIBIT DATES: __________________through_________________________. Specific
3. CONSIDERATION: The aforementioned parties enter into this Agreement with the Exhibitor accepting this Agreement and offering good consideration of $250.00 acting as a deposit for its reserved commercial booth at the Show.
4. EXHIBITOR AGREEMENT:
The Exhibitor agrees to abide by all rules and regulations provided by Show Management and contained in this Agreement.
All matters not covered in this agreement are subject to the decision of Show Management. Exhibitor agrees that Show Management shall have the final decision in any disputes between exhibitors and the adoption of any rule or regulation deemed necessary prior to, during, and after the show.
Exhibitor agrees to abide by all terms and conditions of the official contractors serving the facility, and those of the Facility. It is the Exhibitor’s duty to be familiar with all terms and conditions and to seek clarification from Show Management if necessary.
In the event Exhibitor defaults or breaches any terms or conditions in this Agreement, Management shall be entitled to recover its reasonable attorney’s fees, expenses, costs, and interest allowable by law if it prevails.
Exhibitor agrees to obtain, at its own expense, any licenses and/or permit(s) and/or authorization from government bodies which may be required for the operations of the Exhibitor’s trade of business, to sell and operate the products and services it is offering the public at the show and pay all taxes levied against Exhibitor as a result of the operation and business during the show dates.
Show Management reserves the right, in its sole discretion, to: (1) determine the eligibility of Exhibitors and exhibits for the show; (2) reject or prohibit exhibits or Exhibitors which Show Management considers objectionable; (3) relocate Exhibitors or exhibits when, in Show Management’s opinion, such moves are necessary to maintain the character and/or good order of the show; and (4) re-sell any rented space remaining unoccupied on the opening day, or at any time thereafter. Show management may rent said space to another exhibitor, but this shall not negate the obligation of the “no show” Exhibitor to pay the full amount of the rental fee as stated in this Agreement.
5. SPACE: The contracted Space is to be used solely by the Exhibitor whose name appears on the contract and no portion can be sublet or assigned.
6. INSURANCE: The Organizer will carry liability insurance as described in the Information Packet; however, said insurance will not under any circumstances cover losses of any kind incurred by the Exhibitor. Said insurance will not cover the Exhibitor should a claim of liability arise between the Exhibitor and any attendee. Exhibitors are responsible for obtaining their own general liability insurance for the Expo dates, including set-up and takedown times. The Exhibitor hereby indemnifies Management and the owners and management of the Expo venue against any claim or suit arising between Exhibitor and any other Exhibitor, contractor, visitor, or attendee during the period of the Expo.
7. LIABILITY: The Exhibitor is entirely responsible for the space leased by her or him and shall not injure, mar, or deface the premises. Neither shall the Exhibitor drive or allow to be driven any nails, hooks, tacks or screws into any part of the building. Exhibitor may not use pins in booth curtains, but signs may be attached using “S” hooks or rope, twine, etc. over the booth poles or by using an easel. Furthermore, Exhibitor shall not affix to the walls or windows of the building any advertisement, signs, etc., or use Scotch tape, masking tape, or any other adhesive materials on painted surfaces. The Exhibitor agrees to reimburse Management, the facility, and/or decorator, for any loss or damage to the premises or equipment occurring in the space leased to the Exhibitor. Show Management or their sponsors shall not be liable for failure to perform its obligations under this contract as a result of strikes, riots, Acts of God, or any other causes beyond its control.
8. INDEMNITY:
Exhibitor accepts all risks associated with the use or occupancy of the exhibit space and shall not make any claim or demand to take any legal action whatsoever against Show Management, attendees or Facility for any loss, damage, or injury howsoever caused to the Exhibitor, their officers, employees, agents or their property.
Exhibitor agrees to indemnify and hold harmless Management against all claims, fees, losses, suits, damages, judgments, expense costs and charges of every kind resulting from Exhibitor’s occupancy of the exhibit space or Expo venue for any reason including but not limited to personal injuries, death, property damages or any other cause sustained by the Exhibitor or its officers, employees, or agents.
Show Management is not responsible for any errors, omissions, typos, misspellings, etc., in any show publication, advertising or electronic media.
9. DISPLAYS: There is a 4 foot height restriction in front of and for the first 4 feet of the booth so as not to block the view of neighboring booth spaces for those visiting the Commercial Building. No pins or staples are permitted on the trade show curtains. It is suggested that “S” hooks be used to display items that need to be hung for the display or exhibit. The display may not extend out into the isles. The fire marshal will not allow tents or similar canopies to be used within a booth. Any decorations consisting of natural materials such as straw, corn stalks, dried flowers, pine, etc. must be sprayed with fire retardant and tagged with date of spraying and product used. To comply with fire department regulations, all exit lights and doors, light switches and panels, heating/cooling controls, and fire extinguisher doors must remain unblocked at all times. Materials used for the booth construction will be at the expense of the lessee and must be removed no later than 3:00 p.m. on the Monday following the fair. Booths must be manned at all times. All knives and inherently dangerous objects are not to be left out on tables or displays unless supervised by Exhibitor. All knives and inherently dangerous objects are to be stored in locked containers at the conclusion of each day of the Show.
10. INSTALLATIONS: Any special carpentry, wiring, electrical or other work, water, or drainage connections shall be installed at Exhibitor’s expense, and within the Building and Management’s rules and requirements. All arrangements for special installations must be formally request no less than two (2) weeks prior to the opening of the show. Show management reserves the right to deny any special installation request do to safety, plausibility, or late request.
11. AISLES: The aisles, passageways, and overhead spaces remain under the control of the Management, and no signs, decorations, banners, advertising material or exhibit, will be permitted in those areas except by permission of the Management. All exhibits and personnel must remain within the confines of their own spaces. No exhibitor shall erect signs or display products obstructing the view. These might occasion injury or prove a disadvantage to the displays of other exhibitors.
12. GIVEAWAYS and RAFFLES: No free food or drink is to be given away in this rented space without approval from the Show Management. Public address systems will not be permitted in booths. No raffles are permitted on the fairgrounds at any time. Free drawings are allowed, but no raffles where money is exchanged.
13. EXHIBITOR’S PROPERTY:
Although walk-through security service will be furnished for the show, all of the Exhibitor’s property at the show shall be at the sole risk of the Exhibitor. Neither Show Management nor the Facility assumes any responsibility for damage to, loss, or theft of property belonging to Exhibitor, its agent, employees, business invitees, visitors or guests.
Any property shipped by an exhibitor to the fair should be sent directly to the Fair Office. Show Management will not sign for, nor accept items, sent to the show site. Items should be shipped to 217 East Division Road, Valparaiso, IN 46383.
Exhibitor agrees to remove its exhibit from show site by 3pm the Monday following the end of show. In the event of a failure to do so, Exhibitor agrees to pay Show Management for any additional costs that may be incurred. A breach of any conditions of this Agreement, which shall result in damages to Show Management, or a failure by Exhibitor to remove any exhibit equipment at the time determined by Show Management, shall cause the Exhibitor to become immediately liable on any unpaid sums owing hereunder.
14. EXHIBITOR CONDUCT:
Exhibitors and their employees, agents, and guests shall not consume any alcoholic beverages, illicit drugs or substances. Management in its discretion may remove any exhibitor from the show without refund for violation of this restriction.
Smoking is prohibited at all times throughout the Expo and show venue facilities, including loading areas.
Foul, inappropriate and/or lewd behavior or language will not be tolerated by exhibitors, their employees, agents or guests. At the discretion of the Show Management, exhibitors can be removed from the Show without refund and prevented from participating in future shows for this violation.
15. GUARANTEE: Show Management does not guarantee in any way the attendance figures for any event. Show Management does not guarantee the success of any Exhibitor. Management does not make any express or implied guarantee or warranty beyond the terms and conditions of this Agreement.
16. CANCELLATION OF CONTRACT: If this Agreement is cancelled by Exhibitor for any reason, or by Management because of an Exhibitor’s default or violation of this Agreement, monies paid to Show Management shall be retained as follows:
If cancellation occurs 30 days or more before the first day of the show, Management shall retain deposit and shall return the balance paid to Exhibitor. To receive a refund of the balance paid, cancellations must be made in writing.
If cancellation occurs within 29 days or less prior to the first day of show, Exhibitor is liable for the entire cost of the booth space, which includes money paid and any outstanding balance. Management shall retain these monies as liquidated damages for the direct and indirect costs incurred by Show Management for organizing, setting up and providing space for Exhibitor, and losses and additional expenses caused by Exhibitor’s withdrawal including re-let of the space.
17. NO EARLY TAKEDOWN: Exhibitor agrees not to begin dismantling the booth or display materials before 9 pm on the last day of the show.
18. CANCELLATION OF SHOW: Should the premises where the show is being held become unavailable for occupancy, for “cause or causes” not within the control of Show Management, including inclement weather, Show Management and sponsors will not be held responsible for any claims which might arise in consequence thereof.
19. CHECK POLICY: There will be a $20.00 handling charge for any check returned for any reason. Two (2) weeks prior to a show only cash or certified check will be accepted.
20. MOTOR VEHICLES: All motor vehicles displayed within the Commercial Building must adhere to the following rules: 1) Gas tank must be no more than 1/4 full or contain less than five (5) gallons of fuel, whichever is less; 2) Gas tank must be taped shut; 3) Batteries must be disconnected; 4) A fee will be charged for repair and/or replacement of damaged carpet tiles or footage.
21. MUSIC: Exhibitor agrees that it shall not perform nor have performed for it or on its behalf, either live or by mechanical means of playing by radio, television, VCR, DVD, phonograph, CD (compact disc), taped cassette or recording of any other means, nor transmit by any means, any copyrighted musical composition during the show or at any official function which is part of, affiliated with, or held in conjunction with the show. This is the rule unless the Exhibitor shall first have obtained from the owner of the copyrights of all music to be performed, or from an agent of the owner legally authorized to grant permission, license or other proper authorization for the public performance of the copyrighted music, and shall have first attained authorization and permission for Exhibitor to publicly perform the copyrighted music at the show. Exhibitor will provide Show Management with a copy of each such document, authorizing Exhibitor the rights to publicly perform copyrighted music at the show, and this copy must be provided to Show Management no later than ten (10) business days prior to the first day of the show. If Exhibitor has not provided copies of such documents to producing Show Management as provided and described herein, Exhibitor agrees that it shall not perform or have performed on its behalf, or by any means of presentation, any copyrighted music at the show.
22. LIMITATION OF LIABILITY: In addition to the specific provisions in this Agreement, Show Management shall have no liability whatsoever arising out of, or related to, this Agreement in particular, but limited to any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like, whether based on breach of contract, breach of warranty, tort including negligence,) even if advised of the possibility of damages.
23. CONSENT TO USE OF EXHIBITOR’S LIKENESS: Exhibitor hereby consents to Show Management’s royalty-free use of visual and audio reproductions of Exhibitor and its employees and exhibit(s) including without limitation, recordings, photographs, video tapes, film and other images of likenesses for the purpose of Show Management’s advertisement and promotion of this show and future shows.
24. SUPPLIES: The Expo Center and Show Management will not provide office supplies or extension cords customers or vendors.
25. COMPETE CONTRACT:
This Agreement, together with the Information Packet provided by Show Management, constitutes the complete Agreement between Show Management and the Exhibitor. This Agreement supersedes all previous or contemporaneous negotiations, arrangements, or understandings between Show Management and the Exhibitor with respect to the subject of this Agreement.
No modification of this Agreement shall be valid unless approved in writing by Show Management.
This Agreement shall be instituted in the courts of Porter County, state of Indiana, and all obligations hereunder shall be performable in Indiana. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any and all arbitrations shall take place in a Porter County, Indiana. The Exhibitor is responsible for any and all of the Show Management’s attorney’s fees, costs, and expenses.
This Agreement shall not be construed against either party.