2016 Bookfair Exhibitor Agreement
By purchasing exhibit space at the AWP Conference & Bookfair (THE “BOOKFAIR”), the PURCHASER of exhibit space (THE “EXHIBITOR”) automatically agrees to the terms and conditions as detailed in the Bookfair Exhibitor Agreement.
The following terms and conditions, together with the documents referenced herein, form the Bookfair Exhibitor Agreement (the “Agreement”) between, on the one hand, the Association of Writers and Writing Programs (“AWP”) and, on the other hand, the Exhibitor. AWP reserves the right to render, in its sole and absolute discretion, all interpretations and decisions in connection with the Agreement and to establish further regulations binding upon the Exhibitor as may be deemed necessary to the general success and well-being of the exhibition and/or any person(s) affiliated therewith. AWP’s decisions and interpretations shall be final in all cases. Exhibitors that fail to abide by any or all parts of this agreement may forfeit any fees paid to AWP and void their right to exhibit at the Bookfair at the sole discretion of AWP.
Reasons for Termination of Exhibitor Privileges
Rules, Regulation & Quiet Enjoyment. The Exhibitor agrees to abide by the rules of AWP, the exhibit hall, and the hotel, and any other applicable rules, regulations, codes, or standards. The Exhibitor agrees to abide by the Los Angeles Convention Center’s standards, codes of conduct, and regulations, including regulations governing the distribution of food, beverages, alcoholic beverages, and proper use of exhibit space and display materials, including banners, posters, signs, and flyers. The Exhibitor acknowledges that violation of these regulations may result in the Exhibitor being removed from the exhibition hall by AWP or the Los Angeles Convention Center and barred from exhibiting without refund of the Exhibitor’s exhibit purchase price. The Exhibitor likewise agrees that all exhibitors and patrons of the Bookfair have the right to enjoy the Bookfair equally.
Exhibitor Attendance. To maintain the integrity of the exhibit hall, neighboring displays, and décor, the Exhibitor must have display items in place within its designated space, or have a representative present in the Bookfair, by the opening time of 9:00 a.m., Thursday, March 31, 2016. If the Exhibitor is not present by noon, its reservation will be deemed a nonrefundable, canceled reservation, and the applicable exhibit table(s) and/or booth(s) will be removed. Exhibits may not be dismantled before 4:00 p.m. on Saturday, April 2, 2016.
Exhibitor Information. All information on the AWP website, or provided to the Exhibitor by AWP, is considered proprietary, and may not be distributed or sold by the Exhibitor without the express written permission of AWP. Any violation of this policy will be considered a material breach of the Exhibitor's Agreement and may result in the Exhibitor being removed from the exhibition hall and barred from exhibiting without refund of the Exhibitor's exhibit purchase price, and the refusal of future opportunities to exhibit at the Bookfair for a period of time to be determined by AWP.
Pamphlet & Flyer Distribution. The Exhibitor may only distribute and display printed/promotional materials at its designated Bookfair exhibit. The Exhibitor shall not under any circumstances distribute any printed/promotional material under any hotel guestroom doors, on any guestroom floors. Further, the Exhibitor shall not distribute such material in meeting rooms, unless the Exhibitor has received written approval from the event moderator or is taking part in the event that is taking place in such meeting room at the time of distribution. Unauthorized distribution of such materials will be considered a material breach of the Exhibitor’s Agreement and warrants termination by AWP of the Exhibitor’s rights and privileges hereunder, including removal of related exhibits without refunds. The Exhibitor must abide by the Los Angeles Convention Center and JW Marriott hotel regulations regarding display or distribution of printed materials both in the exhibit halls and throughout the convention center and hotel.
Exhibitor Cancellation Policy
The Exhibitor shall forfeit all registration fees if the Exhibitor cancels its reservation for exhibit space. If cancellation is made prior to 60 calendar days of the first day of the Bookfair, AWP shall make a good-faith effort to resell such cancelled exhibit space to another exhibitor and may, in AWP’s sole and absolute discretion, offer the Exhibitor a refund in the event that space is successfully resold.
All attendees must be registered in order to attend the AWP Conference & Bookfair. Any person, delegate, accompanying person, student, media representative, speaker, or exhibitor who is present at the AWP Conference & Bookfair is considered an attendee and automatically agrees to the Attendee Terms & Conditions.
Each exhibit space includes two exhibitor access badges that include full conference registration. All additional exhibitor staff will be required to register as AWP conference attendees at the rates published by AWP. Individual registrations are nonrefundable.
The Exhibitor shall not, without the prior written consent of AWP, assign, sublet, or apportion the space assigned to it to any other exhibitor, entity, or person(s). Exhibit space at AWP's Bookfair is nontransferable, and may not be sold, bartered, or given as a gift privately without the prior written consent of AWP. No transfer made without AWP’s prior written consent shall be recognized by AWP.
Fire, Safety, & Health Regulations
The Exhibitor agrees to comply with local, city and state laws, ordinances, and regulations and the regulations of the owner covering fire, safety, health, and all other matters. AWP warrants that it has sought and obtained approval from local fire and safety officials for all Bookfair exhibits. Any changes made to exhibit space by the Exhibitor that create new, unsafe conditions may be removed immediately by AWP or its agents, and any damage caused or liability created by such changes to exhibit space, or caused by the removal of such changes by AWP, shall be the sole responsibility of the Exhibitor. No combustible materials shall be stored in or around the exhibit booths. No human or animal fluids, tissues, and/or hair or other biological materials may be collected or distributed on conference premises.
To the extent permitted by law, the Exhibitor agrees to protect, indemnify, defend, and hold harmless AWP, the Los Angeles Convention Center, the JW Marriott hotel, and their respective employees, officers, directors, and agents against all claims, losses, or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney's fees) arising out of or connected to the actions or failure to act in accordance with the terms of this Agreement by the Exhibitor, its employees, officers, directors, or agents, except those claims arising out of the other party's gross negligence or willful misconduct.
AWP will provide security personnel during the hours the exhibition is not in operation, but the furnishing of such services shall not imply or construe any assumption of the obligation and/or duty with respect to the protection of the property of the Exhibitor, which shall at all times remain in the sole possession and custody of the Exhibitor. Neither AWP nor the Los Angeles Convention Center and the JW Marriott hotel shall be liable in any event for any loss of or damage to property of the Exhibitor or its employees or agents.
It is mutually understood and agreed that AWP will provide each Exhibitor with the following services free of additional charge: erection of necessary flame-retardant backgrounds of uniform style, an identification sign, aisle carpeting, program and/or planner listing if submitted by the deadline date, general hall cleaning, and hall security services. In addition to all other payments provided for this agreement, the Exhibitor agrees to pay for the following (optional) services at rates approved by AWP: handling of incoming and outgoing freight; dismantling and maintenance of the exhibit display; electrical service, including outlets; telephone and/or Internet service; audio-visual services; carpeting for exhibit display; and additional furniture/accessories. AWP may, but shall not be required to, supply these services.
The Exhibitor agrees to comply with all federal, state, and municipal regulations governing sales taxation and collection. Timely payment of sales tax, if applicable, is the sole responsibility of the Exhibitor. AWP is not authorized to provide the Exhibitor with tax instructions or offer any advice in completing any necessary tax forms.
This Agreement, together with the documents referenced herein, represents the sole agreement between the parties relating to this subject matter and may only be amended in writing by an agreement signed by AWP or its respective designees, except that neither AWP nor any of its respective designees shall have the right to alter the economic terms of this Agreement with the Exhibitor without the Exhibitor’s consent. This provision does not, however, preclude AWP from establishing additional rules and regulations in AWP’s sole and absolute discretion. The Exhibitor understands that this Agreement may not be amended orally and that AWP staff members do not have the authority to amend or alter the terms of this Agreement in any way.
In the event that any provision of this Agreement shall be held invalid, the remaining provisions of this Agreement shall continue to apply to the maximum extent allowed by law.