2015 Bookfair Exhibitor Agreement
By purchasing exhibit space at the 2015 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 below.
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 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.
Reasons for Termination of Exhibitor Privileges
Rules, Regulation & Quiet Enjoyment. Exhibitor agrees to abide by the rules of AWP, the exhibit hall, hotel, and any other applicable rules, regulations, codes or standards. Exhibitor agrees to abide by the Washington State 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 posters, signs, and flyers. Exhibitor acknowledges that violation of these regulations may result in the Exhibitor being removed from the exhibition hall by AWP or the Washington State Convention Center and barred from exhibiting without refund of the Exhibitor’s exhibit purchase price. Exhibitor likewise agrees that all exhibitors and patrons of the Bookfair have the right to enjoy the Bookfair equally. Disruptive behavior that interferes with the conduct of reasonable business at the Bookfair may result in AWP voiding the Exhibitor's right to exhibit at the Bookfair.
Exhibitor Attendance. To maintain the integrity of the exhibit hall, neighboring displays, and décor, Exhibitors must have display items in place within its designated space, or a representative present in the Bookfair, by Thursday, April 9, 2015, 12:00 p.m. If Exhibitor is not present at such time, its reservation will be deemed a nonrefundable, canceled reservation, and the applicable exhibit table(s) and/or booth(s) will be removed.
Exhibitor Information. All information on the AWP web site, or provided to the Exhibitor by AWP, is considered proprietary, and may not be distributed or sold by the Exhibitor without the expressed 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. Exhibitor may only distribute and display printed/promotional materials at its designated Bookfair exhibit space and/or on designated free display tables in pre-function space of the convention center or hotel. Exhibitor shall not under any circumstances distribute any printed/promotional material under hotel guestroom doors, on any guest room floors. Further, Exhibitor shall not distribute such material in meeting rooms, unless Exhibitor has received written approval from the event moderator or is taking part in the event 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 Exhibitor’s rights and privileges hereunder, including removal of related exhibits. Exhibitor must abide by convention center and hotel regulations regarding display or distribution of printed materials both in the exhibit halls and throughout the convention center and hotel.
Exhibitor Cancellation Policy
Exhibitor shall forfeit all registration fees if Exhibitor cancels its reservation for exhibit space. If cancellation is made prior to 45 calendar days of the first day of the Bookfair, AWP shall make a good faith effort to re-sell such cancelled exhibit space to another exhibitor and may, in AWP’s sole and absolute discretion, offer Exhibitor a refund in the event that space is successfully re-sold.
Additional Exhibitor staff above and beyond those included in the Exhibit package purchased by Exhibitor are required to register as AWP conference attendees at rates published by AWP. Individual registration fees for additional staff paid for by the Exhibitor are refundable at the following rate: 25% of the individual registration fee with written notice at least 30 calendar days prior to the first day of the Bookfair. Individual registrations are nonrefundable after 30 calendar days prior to the first day of the Bookfair.
Exhibitor shall not, without the prior written consent of AWP, assign, sublet, or apportion the space assigned to it to any other exhibitor, entities 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, and 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 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 Washington State Convention Center and the Sheraton Seattle 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 with the actions or failure to act in accordance with the terms of this Agreement by 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 furnishings 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 Washington State Convention Center and the Sheraton Seattle Hotel shall be liable in any event for any loss of or damage to property of 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 or planner listing, general hall cleaning, and hall guard services. In addition to all other payments provided for this agreement, 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; 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 for where the Bookfair is located. 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. 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.