Bats Day Black Market 2017 Terms & Conditions
Located at: DoubleTree Suites by Hilton Hotel Anaheim Resort - Convention Center | 2085 South Harbor Blvd. Anaheim, California 92802
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.
Exhibitor will be responsible for adhering to the show schedule; hours of operation for business shall be 2pm to 10pm on Saturday, May 6th, 2017
9:30am – 12pm, Saturday, May 6th, 2017.
NO ACCEPTATIONS. PLEASE MAKE SURE TO GIVE YOURSELF AMPLE TRAVEL TIME TO THE HOTEL.
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:
Saturday, May 6th, 2017, from 11:00am to 1pm.
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 after 12pm, or load in after 1pm, unless prior arrangements are made at least 72 hours before the date of the show, via email to email@example.com and firstname.lastname@example.org. You must receive a conformation approval from The Company, for this to be valid.
A Fire Marshal will be walking the show floor at 1pm to make sure everything is approved. This process can take up to an hour. Once the Fire Marshal has completed their approval, the show will open.
To make sure this approval process runs smoothly your exhibitor spot must be completed by 1pm 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.
During the hour of the inspection, 1pm – 2pm, Exhibitors can use this time to walk the show floor to make purchases/trades of their fellow exhibitors.
Show hours of operation: VIP Shopping $5; 2pm-3pm. General Admission: Free 3pm – 10pm. Children under 10 Free with an adult or guardian.
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 sound-producing devices may only be operated in a manner that will not disturb any other Exhibitor or attendees as determined solely at the discretion of The Company. Any complaints regarding noise violations should be made to The Company’s assigned Exhibitor relation’s staff, and will be dealt with promptly.
Booth walls may not extend higher than 8' and no portion may protrude beyond the space reserved. Tents, EZ-Up Tents or items that cover your display area are NOT permitted. The Company will, if necessary, remove walls and displays exceeding these requirements.
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.
It is requested that Exhibitors refrain from hanging items on the walls if possible. Any damage done to hotel property within the Exhibitor’s space, will be charged to the Exhibitor.
The only approved attachments to be displayed on walls must be attached using only
Scotch-Blue Painter's Tape for Multi-Surfaces #2090, Adhesion Level: medium.
3M Command Brand Hooks (http://www.command.com)
Items that cannot be attached using the specific adhesive product, must be attached by the DoubleTree Suites by Hilton Hotel Anaheim Resort - Convention Center Engineering department, for which there is a $300 service fee per banner.
If your booth space requires power, you must bring your own UL-approved extension cords and outlet power strips, The Company’s Exhibitor representative will assist you in finding a power source. The outlet power strip must have a circuit breaker. Any extension cords or outlet power strips that are not UL-regulated will be removed. Any damage done to walls, carpet, or other property not owned by 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).
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.
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.
Exhibitor agrees that The Company will provide the exhibition space to display products or services to persons attending the Exposition, but can in no way guarantee precise attendance, sales, weather conditions, or other conditions inside or around the Exposition facility. Exhibitor agrees to hold harmless The Company and all representatives, subcontractors, or agents, including the management and staff of the DoubleTree Suites by Hilton Hotel Anaheim Resort - Convention Center (Exposition facility), from any liability for damage, loss, harm, or injury to the person or any property of the Exhibitor, or any of its officers, agents, employees, or other representatives, resulting from Exhibitor's use of the Exposition facility or from theft, fire, water, acts of God, accident, or any other cause, including — but not limited to — claims arising out of any negligent or intentional act or omission of Exhibitor, any of its officers or agents that causes or results in damage to or destruction of property of any party and/or in death or injury to persons. Neither the management of The Company, nor those of the Exposition facility — nor any contractors or subcontractors of either — shall be obligated to obtain insurance against any such resulting acts of God, loss, damage, claim, injury, or harm. Exhibitor agrees that all property of Exhibitor shall remain in the Exhibitor's custody and control in transit to or from and within the Exposition facility.
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.
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. If your spot location indicates that you will have a location in the center section of the main exhibitor room, then you will have a spot in one of the center sections of the main exhibitor room, 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.
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.
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.
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.
In the event The Company must cancel the Exposition or upon its prevention from being held due to acts of God, fire, strike, acts of terrorism, war, government regulation, public enemy actions, public catastrophe, or any other reason or cause, The Company will refund the amount Exhibitor paid, less any service charges. In no event shall Exhibitor be entitled to a refund greater than the amount submitted. No portion of booth space fees will be refunded in the event of temporary interruption of the Exposition for any reason.
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 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.
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.
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.
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.
The Company retains the right to make adjustments to these terms and services at any point, with or without notice.
©Bats Day in the Fun Park, LLC Forms
No part of this form may be reproduced and/or used not in context with the Bats Day events, without the written permission from Bats Day in the Fun Park, LLC