1) The Exhibitor leases the booth space at the rental price described on your invoice, exclusive of applicable state and local taxes, plus any booth design extras. All payments shall be by American Express, Master Card or Visa.

2) The fair Producers do not guarantee specific booth placement, booth configurations or booth footage. The Producers reserve the right to make changes in booth assignments, and square footage allocations within the exhibition at its sole discretion at any time. The square footage is not guaranteed until the final floor plan is complete. Rental payments will be adjusted accordingly.

3) A deposit of $2,750 is due upon submission of the registration form. And a final payment is due July 10, 2019. Please refer to item #4 in our Terms & Conditions for our refund policy. Special requests concerning location and space will be considered, but cannot be made a condition of participation. All deposits are non-refundable.

4) In the event that the Exhibitor fails to make rental payments as indicated or breaches any terms contained Herein, Exhibitor shall be in default and ShowHamptons LLC shall have the right to retain Exhibitor’s deposit. If the Exhibitor is in default or cancels, ShowHamptons LLC has the right to lease the subject booth space to another Exhibitor. In the event ShowHamptons is unable to lease all of the defaulted space at the same price, Exhibitor shall remain liable for the difference between invoiced rental fee and fee realized in sale to another exhibitor. Should the space not be rented by the fair Producer, exhibitor is liable for the full amount invoiced. In addition to any other default enumerated herein, Exhibitor shall be in default if such default shall continue for more than 5 business days after written notice from ShowHamptons LLC to Exhibitor. If not cured by then, ShowHamptons has the right to all legal remedies under default. Exhibitor will not be permitted to participate in the Exhibition unless all fees are paid in full.

5) The Exhibitor agrees to abide by the aesthetic standards set forth by the fair Producers and agrees to abide by all rules, regulations terms and conditions contained in the Exhibitor’s Kit. Overall look of exhibit will be approved by the ShowHamptons LLC which includes all walls, signage, lighting, and wall hangings. NO work is allowed on the visible booth floor. Overhanging, or overcrowding of the booth space, or too cluttered a space, as determined by the organizers, is NOT permitted. Work and manufactured goods of questionable origin—as determined by the organizer’s sole judgment—must be removed immediately.

6) Confidentiality: All financial agreements between Exhibitor and ShowHamptons LLC are considered confidential. By the exhibitor breaching any level of confidentiality by discussing terms with other galleries, the fair producers may at their sole discretion; cancel or revise said financial agreement terms.

7) Catalog Errors and Omissions: An official catalog is to be published. Each gallery is given an informational contact listing with one image in the catalog. Exhibitor agrees that Exhibition Management will not be liable in the event of any errors or omission in the Exhibition’s online catalog or in any related materials. The Exhibitor shall be responsible for the content of entries.

8) Sub-Contractors: All sub-contractors must be approved prior to entering the Exhibition premises.

9) Badges: All Exhibitors must wear exhibitor badges at all times within the Exhibition hall.

10) Security: 24-hour security service is provided to prevent entry to the exhibition area by anyone not authorized by ShowHamptons or not wearing proper badges. The security service does not guarantee Exhibitors against loss, theft, or other mischief and does not imply an assumption of liability for the loss, destruction of any Exhibitor’s property or injury to Exhibitor’s personnel.

11) Authenticity: all Exhibitors are accountable for the authenticity of their work shown. Should the authenticity of any work or products shown be questionable, ShowHamptons LLC, at their sole discretion, shall have the right to have said work withdrawn from the Exhibition. The Exhibitor shall indemnify and hold ShowHamptons LLC harmless against all claims whatsoever made with regard to authenticity of any work, or any misrepresentation of any irregularity made with respect to the sale of any artisan or manufactured products at the exhibition, as well as any expenses incurred by ShowHamptons LLC, including attorney’s fees.

12) Restrictions: All signage and lighting for the Exhibition must be Exhibition standard and approved by Exhibition Management. No Exhibitor will be allowed to mount, display or post non-uniform signage without prior written approval. No unapproved individual Exhibitor lighting systems will be permitted at the Exhibition. Exhibitor agrees to keep its booth space open and staffed at all times during the Exhibition hours. Distribution of advertising material and solicitation of any sort shall be restricted to the Exhibitor’s booth space. Exhibitor’s exhibit, products or signage may not extend beyond the limits of the Exhibitor’s booth space and no part of any exhibit or product may extend into any aisle.

13) Booth Sharing: Exhibitor may not assign, sublet, or share any part of its assigned booth space to a Co-Exhibitor without written approval from Exhibition Management on the rare occasion. In such cases, there will be surcharge for an approved Co-Exhibitor to be determined at the time of approval. The Co-Exhibitor will be required to complete and sign an Exhibitor Application.

14) Exhibitor Promotion: As an exhibitor, the Fair Producers reserve the rights to promote your participation through its various marketing channels. These outlets include its social media campaign, outbound email campaign, mention of the fair’s website, and PR effort. Such inclusion may entail using your name, logo, company product/service images, and related appropriate text.

15) Exhibition Attendance: Exhibition Management shall have sole control over admission policies at all times. Exhibitor acknowledges and agrees that Exhibition Management makes no representation or warranties with respect to the number of exhibition attendees or the demographic nature of such attendance.

16) Exhibitor Badges: Each allocated booth space will receive up to four (4) complimentary exhibitor booth badges which need to be worn at all times while on show premises for security purposes.

17) Special Wall Arrangements: any alterations in booth surfaces must be approved in writing by ShowHamptons LLC and will be at the expense of the Exhibitor. All hanging devices must be removed from the walls at the time of move out. The Exhibitor is responsible for any repair of damages made to the walls (i.e. excessive holes, etc).

18) The liability of ShowHamptons LLC for failure to perform its obligations under this Agreement is limited to a refund of the Exhibitor’s deposits paid hereunder. ShowHamptons LLC in its sole discretion may cancel this Agreement and the parties hereto shall be released of all further obligations and liabilities.

19) Neither ShowHamptons LLC nor the lessor of the property will accept any responsibility for the well-being of any products or materials that is consigned to or in the possession of any Exhibitor during the Exhibition. The Exhibitor waives any and all claims against ShowHamptons LLC, its contractors, agents, employees, invitees, sponsors, the lessor of the property and the host city/town, for loss, damage or destruction by theft, fire, water, extreme heat or cold and other natural disasters of any products or materials in crates, items dropping off wall, packing materials or any other items of Exhibitor located on the Exhibition premises at any time. Also, Exhibitor waives claims for injury to itself, its agents or employees while on Exhibition premises and for any damage of any nature including damage to its business by reason of the failure to provide booth space for its exhibit or for failure to hold the exhibition as scheduled. All Exhibitors personal property of every kind of description which may at the time be in the booth or on the Exhibition premises shall be at the Exhibitor’s sole risk. ShowHamptons LLC shall not be liable for any damage or injury caused by another Exhibitor or any person(s) either on the Exhibition premises or elsewhere. ShowHamptons LLC shall not be responsible for damage or loss of property of Exhibitors that is kept in storage on the Exhibition premises, no matter how caused.

20) Exhibitor agrees to indemnify and hold ShowHamptons LLC, its employees, invitees, sponsors and lessor of the grounds and the host city/town and their respective officers, agents as additional insured, and the host city/town harmless for any claims arising out of negligence of Exhibitor or its employees.

21) Photography, Filming and Video Recording Rights: From time to time, photographs, motion pictures and/or video recordings may be made in the Exhibition Facility and may include images of Exhibitor, its employees, agents and related displays. Exhibitors may not hinder, obstruct or interfere in any way with such photography or recordings whether by Exhibition Management or its agents, and hereby consent to Exhibition Management’s use of such recordings for commercial purposes. In connection with the other provisions of this paragraph, Exhibitor hereby grants Exhibition Management a non-exclusive, royalty-free, non-transferable worldwide license (without the right to sublicense) to use Exhibitor’s trademarks, service marks, logos, trade names, copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files and images.
Unauthorized photography or video and audio recording of exhibits is prohibited.

22) Insurance: Exhibitors must carry commercial general liability and blanket contractual facility insurance at limits of at least $1,000,000 per occurrence and $2,000,000 per aggregate. A Certificate of Liability Insurance must evidence these coverage plans with a 30-day cancellation provision to the insured and naming ShowHamptons LLC as an additional insured. It is to be provided to our office prior to the final booth payment. It is strongly recommended that the Exhibitor also carry insurance to cover loss, damage, or injury to any property or employees you might have at the show.

23) Business Income and Receipts Tax (BRIT): Every individual, partnership, association, limited liability company (LLC), and corporation engaged in a business, profession, or other activity for profit within the City of Jackson Hole must file a Business Income & Receipts Tax (BIRT) return. This includes: Those engaged in commercial or residential real estate rental activity. Estates, trusts, or non-profits engaged in any for-profit business or activity within Jackson Hole. Those who maintain a Commercial Activity License (CAL) but do not actively engage in business. In all of the situations described above, you must file a BIRT return whether or not you made a profit.

24) ShowHamptons LLC is not liable to perform its obligations if such failure is a result of Acts of God, including but not limited to extreme rain storms or heat, hurricane, severe snow storm, blizzard or other natural disaster, terrorist activities, government sanction blockage, labor strikes, lockout or interruption of electricity, ShowHamptons LLC will take reasonable steps to cure and limit damages caused by these unforeseen events and that ShowHamptons LLC will substantially fulfill all other non-excused obligations. Fair organizers will notify Exhibitor in a timely manner of the likelihood of an actual occurrence of a force majeure event.

25) This Agreement is governed solely by the laws of New York State. In the event of any litigation arising from this Agreement, the parties hereby agree that the sole venue for all legal action shall lie exclusively in the appropriate courts of Suffolk County, New York. The parties agree to waive trial by jury in any and all litigation arising from this Agreement. In the event of arbitration or litigation between the parties, the prevailing party shall be entitled to reasonable attorney fees and court costs. In the event of any ambiguity or question of intent of interpretation arises, this agreement shall be construed as if jointly drafted by the parties and no presumption of burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions in this agreement.