CONDITIONS OF CONTRACT

CONDITIONS OF CONTRACT – EXHIBITOR / Vendor, Artist, Performer

For the purposes of these conditions Creative Dreamers Foundation shall herein be referred to as Management, the Edmonton Creative Art Fair shall be referred to as the Fair, and the exhibitor & vendor, Artist, and Performer shall be referred to as Exhibitor.

1. RULES & REGULATIONS:
   The Exhibitor agrees to abide by all regulations and rules adopted by Management in the best interest of the Fair, and agree that Management shall have the final decision in adopting any rule or regulation deemed necessary prior to, during and after the Fair.
   All Exhibitors will be required to observe such further rules and regulations as Management may consider it necessary to impose for the success, safety, and well being of the Fair, Exhibitors, and others attending the Fair.
   
2. LOSS OR DAMAGE: Exhibitor will be liable for and will indemnify and hold harmless Management from any loss of damages whatsoever suffered by the Fair as a result of any loss or damages whatsoever occurring to or suffered by any person or company, including, without limiting the generality of the foregoing, the Exhibitor, other Exhibitors, Fair Sponsors, Management, the Fair, the owners of the building, their respective agents, servants and employees, and attendees of the Fair (public), either on the said space or elsewhere if said loss or damages arose from or were in any way connected with Exhibitor’s occupancy of said space.

a. Management assumes no responsibility whatsoever for loss or damage of goods before, during the period of the Fair, or after its close.
Management is hereby expressly released and discharged from any and all liability from any loss or damages.

3. FORCE MAJEURE: Management shall not be liable in damages or otherwise for failure to carry out the terms of this agreement in whole or in part where caused directly or indirectly by or in consequence of fire, storm, flood, war, rebellion, insurrection, riot, civil commotion, strike or by any cause whatsoever beyond the control of Management whether similar to or dissimilar from the causes enumerated herein.
   
4. CANCELLATION: This contract may be cancelled by either party provided written notice is received by the other at least eight (8) weeks prior to the Fair, in which case the Exhibitor will be responsible for 50% of the total contracted amount. If the Exhibitor cancels after this date the Exhibitor will be liable for 100% of the total contracted space costs. By cancelling this contract the Exhibitor forfeits all rights or claims to the allocated space and Management is free to rent it to others and collect the cancellation charge as liquidation damages.

a. Management reserves the right to cancel this contract and to withhold possession of exhibit space if the Exhibitor fails to perform any material condition of this contract or refuses to abide by the Conditions of Contract, in which case the Exhibitor shall forfeit as liquidated damages all space rental payments made by him and any further occupancy of such space.

5. DATE/VENUE CHANGE:
   If the Management shall consider it inadvisable to hold the said Fair at the time and/or place herein provided, Management shall have the right to change the date and/or place within the same City, giving the Exhibitor written notice there of by e-mail addressed to the e-mail address given herein.
   
6. BOOTH ASSIGMENT: Management reserves the right to alter or change the space assigned to the Exhibitor.
   
7. EXCLUSIVITY: Management does not provide Exhibitors with exclusivity to any one particular product or service unless specifically negotiated in writing through sponsorship.
   
8. DISPLAY: The Exhibitor agrees that no display may be dismantled or goods removed during the entire run of the Fair but must remain intact until the closing hour of the last day of the Fair. The Exhibitor also agrees to remove his exhibit, equipment and appurtenances from the Fair building by the final move-out time limit, or in the event of failure to do so, the Exhibitor agrees to pay for such additional costs as may be incurred.
   
9. ENCROACHMENT:
   Exhibitor agrees to confine his presentation within the contracted space only, and within the maximum height of 8 feet to the back of the exhibit and 4 feet at the sides of the exhibit, unless agreed upon in writing with Management in advance of the Fair.
   
10. SUBLETTING: Space contracted by the Exhibitor may not be sublet or re-sold without the prior written permission of Management.
    
11. THIRD PARTY PROMOTION: Exhibitor agrees to promote only the business(es) registered for and approved by Management. No third party promotion will be permitted without prior authorization by Management, in writing. This includes, but is not limited to, display and any sampling or distribution of materials (ex. business cards, brochures, etc.).
    
12. LIGHTING & ELECTRICAL: All electrical wiring and outlets shall be at the Exhibitor’s expense, unless agreed upon in writing with Management in advance of the Fair. All operating electrical equipment used in the exhibit must have C.S.A. or equivalent provincial power authority approval.
    
13. SALES/ADOPTIONS OF LIVE ANIMALS: The Exhibitor understands and agrees that no live animal will be sold or adopted off of the Fair floor.
    
14. SECURITY: Management will provide necessary security for the building during the hours the Fair is closed. Exhibitors must have an individual directly responsible for his own exhibit each day during the hours the Fair is open.
    
15. REMOVAL: Management reserves the right at any time to alter or remove exhibits or any part thereof, including printed materials, product, signs, lights or sound, and to expel Exhibitors or their personnel if, in Management’s opinion, their conduct or presentation is objectionable to other Fair participants.
    
    a. Management reserves the right to approve or disapprove of any and all products, materials or displays that are to be carried by the Exhibitor. The Exhibitor acknowledges that he is one of many Exhibitors and agrees to co-operate with the other Exhibitors and Sponsors and not to interfere with them or create any nuisance to them, the Management, or the people attending the Fair. Any dispute among Exhibitors and/or Sponsors, including any conflict of products, or other materials, shall be settled by the Management, who shall have the final determination as to any such dispute.
    
16. UNIONS & LABOUR: The Exhibitor agrees to observe all union contracts and labour relations in force, agreements between Management, official contractors serving companies and the building in which the Fair will take place and according to the labour laws of the jurisdiction in which the building is located.
    
17. PROMOTIONAL MEASURES: Where an Exhibitor offers or provides exhibition, raffles, donations, or other promotional measures that require guests to be present at a specified location and time or any other promotion plans, they must first be approved by Management.
    
18. PRIVACY: Exhibitor agrees to abide by all federal and provincial laws regarding the collection of personal information, including but not limited to, abstaining from the sale or sharing of personal information to a third party.
    
19. SHIPPING/DELIVERIES: All goods shipped to the Fair must be clearly marked with the name of the Fair, the name of the Exhibitor and the number of his space. Goods must not be shipped to the Fair for shipping charges to be paid on arrival, as Management will not accept these charges. Management assumes no responsibility for loss or damage to goods before, during the period of the Fair, nor after its closing.
    
20. PHOTOGRAPHS & VIDEO: Management reserves the rights to reproduce all photographs, images and likenesses taken during the Fair for future promotional purposes.