Bats Day Black Market 2018 Terms & Conditions
Located at: Garden Grove United Methodist Church | 12741 Main St, Garden Grove, CA 92840
Exhibitor agrees to remit payment in full, based on rates listed on the Show Reservations Form at time of reservation, payable via money order or Credit Card via Squareup.com only, to Bats Day in the Fun Park, LLC. Bats Day in the Fun Park, LLC (referred to hereinafter as The Company), will not hold booth space for applications submitted without payment. Payment in full is your (Exhibitor’s) acknowledgement and agreement to these terms and conditions.
2. DISPLAY AGREEMENT
Exhibitor will be responsible for adhering to the show schedule; hours of operation for business shall be 12pm to 7pm on Saturday, May 5th, 2018
9:00am – 11am, Saturday, May 5th, 2018.
NO ACCEPTATIONS. PLEASE MAKE SURE TO GIVE YOURSELF AMPLE TRAVEL TIME TO THE LOCATION.
If you do not check in within the Check-in time, you will forfeit your spot and no refund will be granted.
Setup and load-in:
Event goes on rain or shine. No refunds, exchanges or credits may be made for any reason.
Saturday, May 5th, 2018, from 930am to12pm.
If check in is more than 75% complete, we will open load-in earlier.
Exhibitors must check in at the registration desk before setup and load-in. The Company will provide staff to assist in locating your booth on the day of the event, but these persons are not authorized to assist Exhibitors with load-in or setup.
No Exhibitor will be allowed to check in or load in after 11am, unless prior arrangements are made at least 72 hours before the date of the show, via email to firstname.lastname@example.org and email@example.com. You must receive a conformation approval from The Company, for this to be valid.
A Fire Marshal will be walking the show floor at 12pm to make sure everything is approved.
To make sure this approval process runs smoothly your exhibitor spot must be completed by 12pm so that the Fire Marshal can make their approval. The show cannot open until everything is set up and the Fire Marshal has approved the floor. Please make sure you follow all the display rules so that you do not have to correct your exhibitor spot.
Show hours of operation: General Admission: Free 12pm – 7pm.
3. EXHIBITOR DISPLAYS
All displays exhibited shall be operated, designed, and constructed in a safe and non-hazardous manner. Exhibitor spaces must remain clean, orderly, and well kept. Excessive garbage, packing materials, or rubbish will not be tolerated. Any garbage or items left after the event will be billed $500 back to the Exhibitor as a cleaning fee.
All promotional activities shall be confined to the booth space or designated flyer table only.
Display of products and distribution of promotional literature must remain inside the booth space and is strictly prohibited from meeting rooms, registration area, show floor aisles, parking lots, or any area other than your reserved space. We have provided designated promotional tables throughout the event for you to place any promotional literature if you wish to.
ELECTRICAL (Additional charge)
If your booth space requires power and you purchase it, you must bring your own UL-approved extension cords and outlet power strips.
● All 110-volt wiring must be grounded three-wire; two-wire cords cannot be used for 110-volt wiring.
● Wiring that touches the floor should be “SO” cord (minimum 14-gauge/three-wire) flat cord, which is insulated to qualify for “extra hard usage”.
● Cord wiring above floor level can be “SJ” which is rated for “hard usage”.
● Using zip cords, two-wire cords, latex cords, plastic cord, lamp cord, open clip sockets, and two-wire clamp-on fixtures is not recommended. Cube taps are not recommended.
● Power strips (multi-plug connectors) should be UL approved, with built-in over-load protectors.
● Any and all wiring may not extend beyond the booth boundaries or across attendee foot traffic areas.
Exhibitor will be billed back to the Exhibitor whose space coincides with the damage, regardless.
Alcohol is not permitted inside Exhibitor’s space.
All exhibit booths shall be constructed with non-combustible or limited-combustible materials. Wood booths must be 1/4 inch thick or greater.
Electrical appliances and cords must be U.L. approved. All temporary electrical wiring will stay accessible and be free from debris and storage materials. Hardback booths must be at least 9 inches from rear booth boundary line. Gas appliances must be A.G.A. approved.
Fire Equipment: Exhibit Halls. Meeting Rooms & Lobbies: Storage, booth construction, easels, chairs and signs shall not block access to any fire/life safety equipment and shall not impede exit access, exit doors or aisles. Fire equipment, fire strobes, fire speakers, fire signage and fire extinguishers shall not be concealed and shall remain visible and unobstructed at all times.
Decorative Material & Furniture All drapes, fabrics, netting and materials that are used for booth separation are required to be flame resistant. Canvas tents, canopies, awnings, curtains, straw, hay, inflatable, fabrics and materials are also required to be flame retardant. A copy of the California State Fire Marshal flame proof certificate must be provided to the Anaheim Fire Department If a California State Fire Marshal flame proof certificate is not provided, a sample of the material or product must be submitted to the Anaheim Fire Department for fire testing. If at any time it is determined that the material or product is not fire retardant the materials shall be removed prior to show opening. Furniture in sprinklered areas shall meet TB 117 requirements. Furniture in unsprinklered areas shall meet TB 133 requirements.
Cooking Appliances Operation of any electrical cooking appliances, i.e. ovens, stoves, grills, hot plates, deep fryers, skillets, etc. and all demonstrations using these appliances must be isolated away from the public or be protected with a clear plastic shield. The shield must be placed along the front and the sides of the appliance. A show permit is required for the use of propane or butane for cooking purposes. Quantities will be limited. These requirements do not apply to microwave ovens, coffee pots, rice cookers, crock pots, chaffing dishes or popcorn wagons.
Heat-Producing Equipment Operation of any welding equipment, soldering device, etcetera, require protection around equipment so the public cannot be injured during demonstration. All items shall be placed on a non-combustible surface. Approved welding screens will be required for welding equipment. See permit section for compressed gas, natural gas, propane and butane.
Machinery Operation of any electrical, mechanical, or dust-producing equipment, which incorporates moving parts or could cause injury to the public require protection around machinery for the viewers' protection if safeguards are not currently in place. This does not apply to normal electrical appliances such as lamps, computers, radios, etc.
Candles Use of any decorative candles must be securely supported on a substantial non-combustible base so located as to avoid danger of ignition of combustible materials or tipping over. The candle flame shall be protected by a non-combustible container.
THE FOLLOWING ITEMS REQUIRE A SHOW PERMIT: A PERMIT SHALL BE SUBMITTED FOR APPROVAL A MINIMUM OF 14 DAYS PRIOR TO SHOW OPENING
Flammable or Combustible Aerosols/Liquids Describe the use and amounts for each day of the show on the Show Permit form. Include the Material Safety Data Sheet (MSDS) for the product. Quantities may be limited by the Anaheim Fire Department. All flammable or combustible aerosol containers, used for display purposes, must be empty.
Hazardous Materials/Compressed Gas Describe the use and amounts for each day of the show on the Show Permit form. Include the Material Safety Data Sheet (MSDS) for the product. Quantities may be limited by the Anaheim Fire Department. Hazardous materials are defined in the 2010 California Fire Code. Natural gas connections shall be conducted by a licensed plumbing contractor.
Open Flame Describe the use on the Show Permit form. The Trade Show Inspector must be contacted prior to completing a Show Permit form if open flame is being used for theatrical purposes or demonstrations. A permit is not required for the use of candles in a tradeshow (refer to candle section).
4. SELLERS PERMIT
Exhibitors are responsible for collection and payment of all California Sales Tax. To obtain a free California Resale Certificate, you may contact the CA State Board of Equalization at 1(800) 400-7115 or visit them online at www.boe.ca.gov .Exhibitor must supply the Event with their seller’s permit number before conducting any sales at the Event. Any exhibitor caught providing inaccurate, invalid, or expired permit information agrees to pay the Event $1,000.00 and shall be financially responsible for any and all legal fees, court costs, and collection fees.
The Event shall not be liable for any loss or damage of any article of equipment or property of Exhibitor that Exhibitor may suffer during installation/removal or during the convention itself, by reason of robbery, fire, accident, or any other destructive cause.
Exhibitor must have or obtain insurance with the following minimums:
General Liability Aggregate Limit: $2,000,000;
General Liability Each Occurrence Limit: $1,000,000;
Damage to Premises Rented: $100,000.
Exhibitor must list the following as “Additional Insured” on their policy from May 4, 2018
through May 6, 2018 or longer:
Bats Day in the Fun Park, LLC
PO BOX 14399, Van Nuys CA 91409
Garden Grove United Methodist Church
12741 Main St, Garden Grove, CA 92840
Copies of insurance certificates with the aforementioned names listed as additional insured must be provided to Event by April 15, 2017.
Exhibitor is expected to hold and maintain their own insurance workers’ compensation insurance, employer’s liability insurance and comprehensive general liability insurance.
We have set up an easy way for you to get insurance for the event. Coverage has been created with Act Insurance for as low as $39 for the run of the event. You can go here: https://www.actinsurance.com/policy/buy/ai/ODc2 and set up an insurance policy with them.
6. EXHIBITOR BADGE AND CREDENTIALS
All Exhibitors must wear their assigned Exhibitors event company/name credential, provided by The Company, during load-in and show hours. All Exhibitors and their workers must have an Exhibitors credential to represent or work the Exhibitor’s booth. No one is allowed to work any booth space without an authorized Exhibitors credential from The Company. Exhibitor credential must be visible during show hours and load in. Additional Exhibitor credentials may be purchased for people who are working or representing your company. Any additional credentials must be purchased no later than 1 week prior to the event. All Exhibitors, their workers and anyone who represent the exhibitor must adhere to these terms and conditions. Any unauthorized, changes or modifications done to Exhibitors credentials provided by The Company, is an automatic expulsion from the event and no refund will be issued. Anyone under the age of 16 is not allowed to wear an Exhibitor’s credentials or represent Exhibitor’s company.
The Company is not staffed to watch anyone under the age of 16. Anyone under the age of 16 that is accompanied by an Exhibitor must be strictly supervised at all times. Anyone under the age of 16, who is not supervised, will be asked to leave.
7. EXHIBITOR BOOTH SHARING VIOLATION
The Exhibitor, including Sponsors, agree that the Exhibitor space reserved is for use by the business or individual listed on Exhibitor form. Only one Exhibitor per Exhibitor space rented will be listed on the Bats Day Black Market section of the Official Bats Day in the Fun Park website. Exhibitor and Sponsor agree not to share, with any other merchant or Exhibitor, any portion of any booth space during the Exposition. A violation of these requirements will result in immediate expulsion and removal of the Exhibitor/Sponsor and the party sharing the Exhibitor’s space. The Exhibitor/Sponsor and sharing party must stop selling immediately and vacate the premises. No refunds will be issued.
8. SHOW FLOOR APPOINTMENTS
The Company reserves the right to revise the show floor layout for any reason deemed necessary by our management. In the event Exhibitor or any of their representatives fail to perform faithfully by the rules set forth in this agreement, The Company may remove an Exhibitor, their property, employees, associates, and their displays from the Exposition grounds for the benefit of the other exhibitors and attendees. Any resulting losses or legal fees incurred by any party involved will be the sole liability of the Exhibitor. No portion of any fees shall be refunded in the event of removal.
9. EXHIBITOR APPOINTED CONTRACTOR
Exhibitor agrees not to appoint the services of an Exhibitor-appointed contractor without prior written consent from The Company management at least 30 days before the exposition's commencement. Consent may be granted or withheld at the sole discretion of The Company and may require the inclusion of the Exhibitor signing a The Company Exhibitor Appointed Contractor Agreement. Exhibitor agrees to employ proper contractual or labor help as required by the California Law Code.
10. SHOW FLOOR FINAL SPOT LOCATION CHOICE
Due to our floor plans changing up until the last minute, your final spot location, which will be indicated by a number, will be given to you at least 1 week before the event. The location choices are based upon the choices that have been indicated on the Bats Day Black Market Application. Your final location choice will be listed on the Invoice Agreement you will receive from us. Example: If your spot location indicates that you will have a preferred section, then you will have a spot in one of those spots, so on and so forth. This will not change unless in writing from The Company.
Exhibitor agrees that confirmation of Exhibitor booth rental does not imply an endorsement by The Company of Exhibitor's merchandise, views, beliefs, or actions. All Exhibitors are deemed to be their own business entity and in no way reflect the views, beliefs, intentions, and/or direction of The Company. Exhibitors do not represent The Company in any way, and in applying for display space you agree to hold The Company harmless against any and all merchandise bought, sold, or brought onto the premises of the Exposition.
12. Copyrighted Materials
Exhibitors shall not distribute any copyrighted material, play or permit the playing or performance of, at the Event unless the Exhibitor has obtained all necessary rights and paid all required royalties, fees or other payments.
In general, Exhibitors may use sound equipment in their booths so long as the noise level does not disrupt the activities of neighboring Exhibitors. Speakers and other sound devices should be positioned so as to direct sound into the booth rather than into the aisle. Rule of thumb: Sound and noise should not exceed 80 decibels.
Exhibitors should be aware that music played in their booths, whether live or recorded, may be subject to laws governing the use of copyrighted compositions. ASCAP, BMI and SESAC are three authorized licensing organizations that collect copyright fees on behalf of composers and publishers of music.
“Hawking”, “barking”, yelling, or creating any kind of public disturbance/annoyance is prohibited.
14. ADULT CONTENT
Adult material must always be inaccessible to minors. Merchandise displaying nudity, profanity or anything else which may be deemed “offensive” must be kept covered at all times, including before and after the open hours of the Event.
The sale of weapons, or items that may be deemed a weapon, to minors is strictly prohibited. This includes, but is not limited to, boken, shinai, throwing stars or prop-type weapons that look like a real weapon. If an adult accompanies the minor, the sale must go to the adult, not the minor child.
Exhibitor agrees that upon acceptance of application and payments due, the Exhibitor has received the immediate benefits of having unique exhibition space reserved exclusively for their benefit and use. Exhibitor agrees that all fees agreed to and submitted to or owed to The Company are non-refundable regardless of reason or result of loss of payments. Exhibitor agrees to make all reasonable efforts to attend and exhibit for all days of show as scheduled, or make an attempt to staff the booth at the Exhibitor’s own expense. Exhibitors who become unable to produce their display for the days of Exposition beyond their own power may, subject to written permission from The Company in advance, sublet their reserved space to another Exhibitor who would be subject to these same rules but would not relieve the original Exhibitor from it's contractual obligations to The Company in any form or event. If an exhibitor cannot exhibit after payment has been made, Exhibitor may receive a refund only if a replacement Exhibitor can be contracted for the sold space, by The Company. If The Company is able to find a replacement, The Company will reimburse your payment less 30% service charges for each space. If the Exhibitor can sublet the space to another exhibitor, it is the responsibility of the exhibitor to collect the payment from the new exhibitor. Refunds do not apply to violation of shared Exhibitor’s spot, not checking in with in the hours of check-in or load-in with in the hours of load-in.
17. DISPUTES INVOLVING CREDIT CARD PAYMENTS
As a condition of The Company agreeing to accept your credit card as an approved form of payment for all master account charges, you specifically agree to waive any rights you may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under your credit card issuer’s procedures for resolving such disputes) to receive a temporary credit from your credit card issuer for disputed charges arising from your credit card transactions with Hotel (commonly referred to as a “chargeback”). You agree that any disputes that you may raise with respect to any master account charges must be addressed directly by you and The Company, and the parties agree to work in good faith to resolve any such disputed invoices in a timely manner. Any dispute that cannot be timely resolved to the mutual satisfaction of the parties shall be submitted to arbitration in accordance with the arbitration provisions as contained in this Agreement.
In any event that Exhibitor and The Company or any of its associated partners (both casual and formal) choose legal resolution in connection with this contract in any manner or form, and this contract be found in a court of law to be substantially fulfilled as represented, Exhibitor agrees such action shall be mediated and/or litigated in the jurisdiction of Los Angeles County, California. Exhibitor is to be solely responsible for all legal fees and court costs incurred for both parties of the action.
19. INDEMNIFICATION AND WAIVER
Exhibitor, and all employees and agents of the Exhibitor, agrees to indemnify, hold harmless, save, and protect The Company and the Exposition facility including their general and subcontractors against and from any and all claims, demands, suits, damages, liability, costs, loss, expenses, and attorney's fees of whatever kind or nature which might result from or arise out of Exhibitor's use of the Exposition facility or any action or failure to act as the Exhibitor or any of it's officers or agents, including any Exhibitor-appointed contractor, employees, or other representatives, including — but not limited to — claims arising out of any negligent or intentional act or omission by Exhibitor or any of its officers or agents that cause or result in damage to or destruction of property of any party, and or death or injury to persons; any claims or liability by or to third parties arising out of conduct or omissions which would be in breach of Exhibitor's obligations under this agreement; or any claims of damage or loss of property or from or out of any loss, damage, harm, or injury to the persons of the Exhibitor or any of its officers, employees, agents, or other representatives. The Exhibitor, agrees now, and after the Bats Day Black Market event, with The Company, not to disparage or defame, The Company, in any respect or to make any derogatory comments, whether written or oral, regarding, The Company, or its current or former officers, directors, employees, attorneys, agents, or contracting parties, or its business or operations. Exhibitor hereby waives each and every claim that arises or may arise in its favor against any one or more of the indemnities for any and all losses of damage. Such waiver precludes the assignment of any claim by subrogation or otherwise.
20. PROTECTION OF FACILITIES AND THE PUBLIC
Exhibitor shall not use the exhibit facilities or permit them to be used by any employee, patron, contractor, or invitee: (a) for any illegal purpose; (b) in conflict with any applicable law, ordinance, rule, or regulation of any governmental authority; (c) in any manner that could violate the insurance or increase the rate of insurance on the facilities; (d) in any manner that constitutes any waste or nuisance; (e) in any manner that causes any injury to the facilities; or (f) in violation of any applicable rule or regulation issued by management of the exhibit facilities.
21. FACILITIES RULES
Exhibitor agrees to comply with all rules and regulations prescribed by the management of the exhibit facilities, meet the requirements of all local authorities, and obtain, at their own expense, any necessary permits, licenses, or equipment, should any be required for the particular individual displays or the particular exhibit of the Exhibitor. Exhibitor agrees that failure to conform to all facilities and city rules and regulations may result in the closure of its exhibit by Event before or during the Event, if necessary.
22. OBSERVANCE OF LAWS
Exhibitor shall abide by and observe all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Exhibit Facility (including without limitation any union labor work rules). Without limiting the generality of the foregoing, Exhibitor shall construct its exhibits to comply with the Americans with Disabilities Act.
23. HOLD HARMLESS
Seller shall indemnify and hold Management, Producer, Hosting Public Entity or City harmless from and against any and all claims arising from Seller’s space or from the conduct of its employees or other sellers use of the rented space or general premises or from any activity, work or other things which may be permitted or suffered by Seller in or about the entire premises including all damage, costs, attorney’s fees, expenses and liabilities in the defense of any claim or action or proceeding arising there from. Except for Management’s or Producer’s willful or grossly negligent conduct, Seller assumes all risk of damage to property, and Seller hereby waives all claims in respect thereof against Management, Producer of the hosting Public Entity.
Except for Management’s willful or grossly negligent conduct, Seller hereby agrees that Management and or the hosting Public Entity or City, shall not be liable for any injury to Seller’s business or loss of income there from or for damage to the goods, wares, merchandise, or other property of Seller; nor shall management of the hosting Public Entity or City be liable for injury to the person of Seller, Seller’s employees, agents or invitees, whether such damage or injury is caused by or results from fire, electricity, gas, water or rain from the breakage, collapse, depression or other defects of paved areas, structures, fences or from any other cause, whether such damage results from conditions arising upon the premises or upon other portions of the area at large in which the seller’s rented space is a part, or from any other sources or places. Management and or the hosting Public Entity or City shall not be liable or Seller for any damages arising from any act or neglect of any other seller, or invitee, of the entire area of the event in which the seller’s rented space is located.
If Exhibitor defaults in the performance of any term of this contract (inclusive of payment of fees, maintenance of insurance, and compliance with any and all rules and requirements concerning the use of the exhibit facilities), the Event, at its option, may immediately terminate this contract. Upon such termination, Exhibitor’s rights and privileges under this contract shall terminate, and the Event shall have the right to take possession of the space occupied by the Exhibitor and to remove all persons and goods, without any liability whatsoever to the Exhibitor. In addition, the Event shall be entitled to recover any and all damages caused, in whole or in part, by such default. The Event shall be entitled to pursue any and all appropriate remedies and to recover attorney’s fees and costs. To secure performance of Exhibitor’s obligations under this contract, Exhibitor hereby grants the Event a lien against all property of the Exhibitor in the exhibit facilities.
Bats Day in the Fun Park, LLC reserves the right to cancel any Exhibitor's spot at any time. If an Exhibitor's spot is canceled; the canceled Exhibitor will receive a refund, less 10% service charge, of price paid of the Exhibitors spot, within 30 days of the cancellation. . If an Exhibitor’s spot is canceled due to negligence or legal liability, the Exhibitor will receive a refund, less a 50% service charge for each spot, within 30 days of the cancellation. Refunds do not apply to violation of shared Exhibitor’s spot.
26. EXPOSITION CANCELLATION
In the event the show is cancelled for reasons beyond the control of the Event, space rental fees or deposits which have been paid will be refunded to exhibitors ona prorata basis after deducting show expenses, administrative fees, and overhead charges incurred by the Event through the date of cancellation.
27. AMENDMENT TO TERMS AND CONDITIONS
Any and all matters or issues not specifically covered by the terms and conditions contained herein shall be subject to the sole discretion of the Event. The Event may, in its sole discretion, make reasonable changes, amendments, additions or deletions to the terms and conditions contained herein, with or without notice. Any such changes, amendments, or additions shall be incorporated into the agreement and be binding on the exhibitor to the same extent as the other terms and conditions contained herein.
28. ENTIRE AGREEMENT
This Agreement and the Displays and activities Guidelines constitutes the entire agreement between the Exhibitor and the Event with respect to the subject matter of this Agreement and supersedes all prior written and oral agreements and understandings between the Event and Exhibitor with respect to the subject matter of this Agreement. This Agreement may not be amended except by a written agreement executed by the parties hereto.
Being an Exhibitor or Sponsor of the Bats Day Black Market does not transfer permission to use the any of the Bats Day in the Fun Park trademarked names, logos or art work without written permission.