Exhibitor Contract

Event Ownership and Management

The International Mass Timber Conference (“Event”) is the property of Forest Business Network LLC (“FBN”) and is produced by FBN’s owners and contractors (“Management”). FBN organizes the Event according to FBN and Oregon Convention Center (“OCC”) policies. Each Exhibitor agrees to abide by this Exhibitor Contract: Rules and Regulations (“Contract”) made by Management, which may be modified at Management’s discretion for efficient or safe operation of the Event.

Exhibit Fee

All Exhibit Fees must be paid in full to participate. The Fee entitles exhibiting companies to

  • exhibit space,
  • identification sign,
  • pipe and drape,
  • 6′ draped table,
  • 2 chairs,
  • wastebasket, and
  • company listing on the Event website.

Electricity, WiFi internet, phone lines, televisions, other audio-visual equipment and needs, and booth labor are available from the OCC at an additional charge. Carpet, furniture, moving labor, moving equipment, audio-visual, etc. are available from Triumph Expo & Events and the OCC in the Exhibitor Kit (see below). The Exhibitor Kit contains prices and ordering instructions for both Triumph and the OCC equipment and services and is available the first half of January of the year of the Event.

Payment Schedule

Payment is due in full on the Event registration form, or if invoiced by FBN, within 30 days or by March 1 of the year of the Event (whichever comes first). Any space not fully paid by March 1 will be subject to cancellation and reassignment without notice. All payments must be in U.S. Dollars.

Use of Space

Only the name of the Exhibiting Company listed on their registration will be displayed in the exhibit space, in the Event’s printed list of Exhibitors, and on Exhibitor badges. It is further agreed that the Exhibitor shall not assign, share or sublet any part of the exhibit space without the prior express written consent of Management. The Exhibitor agrees to only exhibit, advertise or promote those products or services for which it has authorization.

Cancellations

An Exhibitor may cancel its participation in the Event by giving Management notice in writing. Cancellations made up to end of day January 18, 2019 will be subject to a $200 cancellation fee. If notice of cancellation is received January 19, 2019, or later, the entire exhibit fee is due as a cancellation charge. In the event of cancellation, Management has the right to use the space for its own convenience, including selling the space to another Exhibitor, without rebate or allowance to the canceled Exhibitor. Both FBN and Management assume no responsibility for having included the name or description of the cancelled Exhibitor in programs, news releases, publicity, or other material.

Default of Occupancy

Any Exhibitor failing to occupy its contracted space by 8:00 am Pacific on Wednesday, March 20, 2019, will be considered in default and may be subject to cancellation. In that event, Management will have the right to use the space for its own convenience, including selling the space to another Exhibitor without any rebate or allowance to the defaulting Exhibitor.

Building Occupancy

In the event the premises of the OCC is destroyed or damaged, or if the Event fails to take place as scheduled, or is interrupted and/or discontinued, or access to the premises is prevented by reasons of strike, lockout, injunction, act of God, act of war, emergency declared by any government agency or by FBN (a “Force Majure Event”), or for any other reason, this contract may be terminated by FBN. In the event of such termination, the Exhibitor waives any and all damages and claims for damages and agrees that the sole liability for FBN shall be to return to each Exhibitor any payment made hereunder less its prorated share of all costs and expenses incurred and committed by FBN in connection with the Event.

Care of Building

No Exhibitor may bring hazardous or illegal items or substances into the OCC per the OCC’s Terms of Service. No Exhibitor may permit any act by its employees, officers, or agents that will mar or deface the OCC premises. Exhibitors must surrender the space occupied in the same condition as at the commencement of occupancy. Exhibitor shall be solely responsible for damages its display causes to the OCC. See the OCC Terms of Service document for more specifics.

Triumph Expo & Events

To alleviate the unnecessary canvassing of Exhibitors, to assure orderly and efficient installation, operation, and removal of displays, and to ensure high standards of service at fair prices, Triumph Expo & Events (“Triumph”) has been appointed to provide optional goods and services (carpet, furniture, labor, moving equipment, etc.) for Exhibitors. Management requires that Exhibitors use Triumph. FBN assumes no responsibility for performance failure by Triumph.

Operations of Exhibits

  • Display Height: The ceiling height maximum in the Exhibit Hall is 30 feet (9.1 meters). For any displays approaching this height, contact Management to discuss.
  • Floor Weight Restriction: OCC Exhibit Hall floors are rated for 350lbs/square foot.
  • Lotteries: An Exhibitor who plans to use raffles, lotteries, or games of chance as a merchandising tool requires prior Management approval. The Exhibitor shall ensure that any such raffle, lottery, or game of chance is not in violation of any applicable statute, regulation or ordinance.
  • Display Appearance: The Exhibitor is responsible for maintaining a neat appearance to its display. Any undecorated side of a display visible from the aisle or adjoining exhibits must be made presentable by the Exhibitor. Displays not satisfactory in the opinion of Management shall be made presentable at the Exhibitor’s expense. Exhibitor must arrange for the removal of excess trash and waste materials (recycling as much as possible) and is responsible to keep the exhibit free of any and all conditions that might be dangerous to Event visitors.
  • Noise and Sound: Musical instruments, audio equipment, and other noise-making devices or amplifying equipment shall be operated only at a level which will not interfere with other Exhibitors. Without exception, all sound must be contained within, and directed into, the footprint of the contracted exhibit space. Management shall be the sole judge of what constitutes appropriate sound levels.
  • Lighting: The use of flashing electric signs or lights, glaring lights, or other irregular lighting effects are prohibited. Lights may not be directed into other booths or the aisle, and may not show through Event drapery.
  • Music and Video Licensing: Exhibitors are responsible for all applicable ASCAP/BMI licensing fees and permission to use any copyrighted videos.
  • Distribution of Literature, Samples, Materials, and Sales Activities: The distribution of literature, samples, and materials and other sales activities are permitted only within the confines of an Exhibitor’s rented space, unless Exhibitor purchases the right to distribute literature outside its rented space through an Event sponsorship. Samples or souvenirs may not be distributed in a manner which, in the judgment of Management, blocks the aisles or in any way handicaps other Exhibitors or impairs the flow of attendees.
  • Public Exhibit Hall Areas: No company gobos, logos, signs, banners, or decorations, etc. may be displayed or projected on or into the public exhibit space including aisle carpet, walls, ceilings, etc. without prior Management approval or unless Exhibitor has purchased the right to display in public Exhibit Hall areas through an Event sponsorship.
  • Booth Representatives: All representatives, including models or demonstrators must be properly registered, wearing badges, and properly and modestly clothed. So-called “barkers” and “pitchmen” are strictly prohibited.
  • Materials and Demonstrations: All Exhibitors must have all demonstrations pre-approved by Management and potentially the OCC and local Fire Marshal. Exhibitor will be strictly liable for any damages for failure to comply with this Contract or any federal, state or local law or regulation.
  • Safety, Fire, Environment, and Health: The Exhibitor must be aware of and comply with all safety, fire, environmental, and health ordinances regarding installation, operation of equipment, displays, and exhibit materials. Display materials must be flame-retardant. Flammable substances are not permitted in the building or anywhere on the OCC’s premises and hazardous materials of any type are prohibited. See the OCC’s Terms of Service for complete information on “Fire Marshall’s Rules” and other info. Exhibitors should dispose of any waste products they generate during the exhibition in accordance with guidelines established by the Environmental Protection Agency and the OCC. See the OCC Sustainability Guide for helpful tips on recycling, composting, and donating leftover goods once the event concludes; ideas for reducing waste; and options for alternative and sustainable signage.
  • Display Regulations: All exhibit displays must adhere to current IAEE Guidelines for Display Rules & Regulations. Exhibitor cannot affix anything to the walls, floors or ceiling with nails, staples, adhesives or any other substance without prior Management and OCC approval.
  • Competing Events: Exhibitors shall not conduct any competing event of more than 25 people during official Event conference hours.
  • Exhibitor Move-In: Monday, March 18, 2019 from 1:00 pm – 7:00 pm Pacific and Tuesday, March 19, 2019 from 8:00 am – 4:30 pm Pacific. A Welcome Reception will take place in the Exhibit Hall starting at 5:30 pm Pacific on Tuesday, March 19, 2019, so Exhibitors must be set up and ready by this time.
  • Exhibitor Move-Out: Thursday, March 21, 2019 from 5:00 pm – 10:00 pm Pacific. Exhibit space must be completely cleaned and exhibits cleared from the OCC by 10:00 pm. Pacific
  • Materials Sent in Advance: If Exhibitor needs to ship displays and other materials in advance, please see the Triumph Exhibitor Kit for more information on shipping to their warehouse. The Exhibitor Kit will be available the first half of January of the year of the Event and Exhibitors will be reminded when it is available.
  • Staging, Loading, and Unloading: See the OCC staging, loading, and unloading webpage for specifics.
  • Booth Set Up: Triumph Expo and OCC need set up plans from any exhibitor with displays over 3,000 pounds. Exhibitors are allowed to set up their own booth display, but are not allowed to do any rigging or use their own forklift. Equipment and labor may be ordered in the Exhibitor Kit, or at the showsite service desk. If exhibitors want a third party other than Triumph Expo to help with set up of their booth, they must complete and submit the Exhibitor Appointed Contractor Approval Form included in the Exhibitor Kit (available the first half of January of the year of the Event).
  • Insurance: Insurance for fire, property, public liability, and theft must be taken out by Exhibitor at its own expense. The insurance is to cover the full period of occupancy of the premises by Exhibitor, its agents and employees. Neither FBN nor Management nor OCC shall be liable for any damage to or loss or theft of Exhibitor’s space or property.
  • Indemnification and Hold Harmless: Exhibitor agrees to indemnify and hold harmless FBN, Management, and the OCC, and their respective officers, agents, and employees (collectively, the “indemnitees”) from and against any and all claims, costs, damages, expenses, and liabilities of any nature or kind arising out of or in any way connected to Exhibitor’s failure to comply with its obligations or duties hereunder regardless of the cause or of the joint, comparative or concurrent negligence of the indemnitees. Exhibitor assumes the entire responsibility and liability for losses, damages, and claims arising out of Exhibitor’s activities on the OCC’s premises and will indemnify, defend, and hold harmless the OCC, its owner and its management company, and FBN and Management, as well as their respective agents, servants, and employees, from any and all such losses, damages, and claims. FBN and OCC will not be responsible or liable for any loss, damage or claims arising out of Exhibitor’s activities on the OCC’s premises except for any claims, loss, or damages arising directly from FBN and the OCC’s own negligence. Neither FBN, Management, or the OCC shall be responsible for any loss of business, loss of profits, injury, damage, or expense, of whatever nature that the Exhibitor may suffer due to Event cancellation as a result of a Force Majeure Event or other conditions that render the Event impracticable in Management’s sole determination. In no event will FBN’s and Management’s combined liability for any and all claims, costs, damages, expenses and liabilities arising out of or in any way related to this Exhibit Space Contract exceed the amount paid to FBN by Exhibitor for Exhibitor’s exhibit space. Under no circumstances will FBN or Management be liable to Exhibitor for indirect, incidental, consequential, special, or exemplary damages (even if FBN has been advised of the possibility of such damages) arising from any provision of this Agreement, including but limited to, the exercise by FBN of any of its rights under this Agreement.
  • Disclaimer: Products and/or services on display in the exhibit area within the Event carry no implied or real endorsement or recommendation by the Event or FBN. The Exhibitor agrees that it will not represent any product or service as being endorsed by the Event or FBN. Products or services must be related to the mass timber and/or forest products industries and FBN reserves the right to prohibit any exhibit or any part of an exhibit that is not consistent with the objectives of the Event.
  • General: All matters and questions that arise which are not specifically covered by this Contract are subject to the decision of Management. This Contract may be amended, added to, and amplified by Management at its discretion. Exhibitor agrees to abide by any and all amendments and changes by Management.
  • Entire Agreement: It is fully understood that the agreement between Exhibitor and Management is fully and entirely expressed in this contract, and that there is no oral or verbal agreement of any kind with respect to the subject matter of this contract, whereby Exhibitor’s change or modification of this contract in any way prior to the close of the Event will not be permitted and will be subject to non-participation at future FBN events. Only authorized personnel or representatives of the Exhibitor will be permitted in the hall during installation or dismantling of the Event.
  • Notices: All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of this contract or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Order, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
  • Assignment: Exhibitor shall not assign, transfer, delegate or subcontract any of its rights or obligations under this contract without the prior written consent of Management.
  • Waiver: No waiver by any party of any of the provisions hereunder shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth herein, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this contract shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
  • No Third-Party Beneficiaries: This contract is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these terms.
  • Governing Law; Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Montana without giving effect to any conflict of law rules that would cause the application of the laws of any other jurisdiction. The parties agree that the venue for any legal proceeding concerning this contract shall be the court of appropriate jurisdiction located in Missoula County, Montana, and the parties hereby waive any objections to service of process for said venue.
  • Severability: If any term or provision hereof is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this contract or invalidate or render unenforceable such term or provision in any other jurisdiction.