TERMS AND CONDITIONS OF AGREEMENT
This collective agreement, which includes the Terms and Conditions of Agreement set forth below and Sponsorship and Exhibitor Contract, is made between Fresh Events Company, INC. (“Producer”) and the person, legal entity, corporation, organization or association (hereinafter referred to collectively as “Exhibitor”) contracting to participate in Pamper Me Fabulous Event (“Pamper”) on the respective date(s) checked above.
1. Payment + Contract. A full balance of the participation amount is due upon the signing of the Sponsorship and Exhibitor Contract. Payment can be made by credit card. Incomplete contracts will be returned, and delay acceptance and eligibility for participation. Access to event site is subject to all requested support documentation being provided, and will be denied without it.
In the event Exhibitor does not pay outstanding balances upon signing of Contract, Producer also reserves the right to forfeit Exhibitor participation and/or release the contracted sponsorship title. Per the signed Contract, Sponsors are committed to the full payment even if at a later time can no longer participate with the event or decides to not participate.
2. Cancellation. Exhibitor may cancel this Agreement up to one hundred twenty (120) days before the event date whereby the full balance will be refunded. In the event Exhibitor cancels within one hundred twenty (120) days of the Event Date there will be no refund.
3. Status. The parties understand and agree that no agency, employment, partnership or joint venture is created by this Agreement. The parties further agree that Exhibitor is not a general agent of the Producer, or vice versa, and no representation shall be made by any party that would create an apparent agency, employment relationship, partnership, or joint venture. Neither Exhibitor nor Producer shall have the authority to act for the other in any manner to create obligations or debts that would be binding upon the other.
4. Indemnification. Exhibitor agrees to indemnify, defend and hold harmless Producer, and its affiliates, agents and employees and their respective heirs, executors, administrators, successors and assigns from and against any and all claims, actions, causes of action, losses, damages, obligations, liabilities, recoveries, deficiencies, demands, costs, expenses, including but not limited to, interest, penalties, attorney’s fees, judgments, complaints and legal proceedings of every kind arising out of or in any way related to this Agreement, including without limitation all consequential damages, whether or not resulting from the negligence of the Producer or its agents. Exhibitor agrees that Producer will not be liable in the event of any errors or omissions in Pamper’s directory listing or in any related materials. Producer shall have the right to procure and maintain Certificate of Insurance satisfactory of general liability coverage of minimum $1Million from Exhibitor naming “Fresh Events Company, Inc.” as additional insured.
5. Arbitration. Any controversy or claim arising out of or relating to this agreement, of the breach thereof, shall be settled by arbitration administered by the American Arbitration Association, before a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in Los Angeles, California. The parties further agree that venue is proper in such jurisdiction and that any claim or suit will be brought only in such jurisdiction. In the event a dispute should arise between the parties which resorts to an outside forum of dispute resolution is required, the prevailing party shall be entitled to recover from the other party all the prevailing party’s costs and expenses, including reasonable attorneys’ fees.
6. Excused Non Performance. If for any reasons beyond its control, including but not limited to an act of God, such as fire, flood, earthquake, or other natural calamity, strikes, labor disputes, accidents, government requisitions, restrictions, or regulations shall cause a canceled event, such nonperformance is excused and Agreement between both parties will be terminated without any further liability, whereby Producer will retain balance for the time actually spent planning Pamper. Producer shall not be liable for any consequential, special or punitive damages of any nature in the event that performance shall be delayed or prevented by any act of God or reasons beyond its control.
7. Displays and Décor. Custom Exhibitor displays and décor must be requested in detail and are subject to approval by Producer. Such displays and décor shall not deface, damage or be affixed to any fixtures and/or structures on the venue’s premises. Furthermore, it the responsibility of the Exhibitor that its displays and décor comply with all local and county fire, building, and safety regulations; Compliance documents must be provided if requested. Exhibitor is responsible for any damages to custom displays or décor, as well as damages or fees that arise from non-compliance as well as any property damage to Venue caused by Exhibitor or Exhibitor’s guests. Any personal property of Exhibitor or Exhibitor’s representatives or invitees is the sole responsibility of the Exhibitor and neither Producer nor Venue shall not be liable for any loss and damage to any such property of any such reason.
8. Conduct of Event. Exhibitor agrees to assume full responsibility for the conduct of its invitees, staff and representatives and agrees to not assign, sublet or share the whole or part of their exhibit space without written consent of Producer, and that no person firm, or organization that has not contracted with the Producer for space will be permitted to display or demonstrate any products, processes, or services. Producer retains the right to terminate the license to occupy at any time during the term of Exhibitor’s use if, in Producer’s sole determination, a) exhibitor falsifies, changes or adds to the use of any of the statements contained in this contract b) exhibitor creates nuisance to Producer, its other exhibitors or guests c) exhibitor’s use of the premises in any other way other than specified in agreement interferes with the orderly and successful conduct of the event.
9. Agreement. This Terms and Conditions of agreement along with Sponsorship and Exhibitor Contract constitute the entire agreement of the parties with respect to the subject matter involved. All previous communications, understandings, promises, representations, and agreements, whether written or oral, with respect thereto are suspended hereby. Each Party confirms that it is not relying on any representations or warranties of the other Party except as specifically set forth in this Agreement. This agreement may not be modified, amended, altered, except by a writing executed and signed by Producer and Exhibitor.
Pamper Me Fabulous is a production of Fresh Events Company, Inc. 300 South Raymond Ave. #2 Pasadena, CA 91105T.(626) 799-8010F.(413) 383-6489
This an event produced by women, made for women.
When it comes to the end of the day, we think there is nothing better than rewarding one's accomplishments, taking time out to nurture our mind, body, and spirit, spending quality time with our girlfriends or colleagues, and indulging in some shopping, pampering and beauty. Add to that feel good exercise and enlightenment of the mind, and at Pamper Me Fabulous, you will get to do just that.
We produce Pamper Me Fabulous because we believe that every woman deserves just that type of experience which elevates us all to a higher state of well being.
We salute you for being the amazing woman you are. We hope that you'll come to Pamper Me Fabulous to celebrate your individual and collective accomplishments with your girlfriends and colleagues. You deserve it!
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