TASA/TASB Convention October Austin, Texas 2-4, 2015

Exhibitor Rules and Regulations

1. SPACE ASSIGNMENT

In all cases, efforts will be made to assign space of interest in this Contract in compliance with applicants’ choices; however, no guarantee is made by TASA/TASB that Exhibitor’s specifications will be met. Efforts will be made not to place competitors adjacent to each other. Contracts submitted during on-site booth sales will be processed based on the TASA/TASB Priority Point System. All other Contracts will be processed in the order in which they are received.

2. EXHIBIT DISPLAY SPACE

TASA/TASB will provide display space to Exhibitor as indicated on the official floor plan, insofar as possible, but reserves the right to make any changes in the interest of any Exhibitor or TASA/TASB. TASA/TASB reserves the right to decline or prohibit any exhibit product or service that, in its judgment, does not fit the character of the Convention. This reservation is all-inclusive as to persons, things, printed matter, products, and conduct.

3. SUBLETTING SPACE

No Exhibitor may assign, sublet, or apportion exhibit space in whole or in part, nor exhibit any products or services other than those provided or sold in the normal course of Exhibitor's business.

4. EXHIBIT SPACE

Each booth measures 10' across the front and 10' deep. Each booth will be equipped with a 44" x 7" header sign and cloth walls on an aluminum pipe framework. Back walls will be 8' high; divider partitions will be 3' high. All equipment must be purchased and requested by using the appropriate forms in the Exhibitor Service Kit. Additional information about furniture, carpeting, utility outlets, and complete display service information will be included in the Exhibitor Service Kit.

5. HEIGHT LIMITATIONS FOR DISPLAYS

The Exhibitor shall not display or place any product, sign, partition, person, apparatus, shelving, or other construction that extends more than 8' above the floor or more than 4' forward from the back wall of the booth, with the exception of such products as school buses or freestanding island spaces, subject to the approval of TASA/TASB. Displays between the back construction and the front of the booth may be no higher than 4'. No interference with the light or view of other Exhibitors will be permitted.

6. MOVE-IN AND MOVE-OUT

All exhibit installations must be completed by the Move-In Date. Any space not claimed and occupied or for which no special arrangements have been made before 6 p.m. on the Move-In Date may be resold or reassigned by TASA/TASB without any obligation on the part of TASA/TASB for any refunds whatsoever. In the event an Exhibitor or its agents request a late installation, a call must be made to the Exhibits Manager before 6 p.m. on the Move-In Date. Exhibitors are required to participate during all show hours each day as listed in the Exhibitor Service Kit. Exhibitor understands and agrees that early withdrawal from Exhibitor's space could adversely affect TASA/TASB and could cause TASA/TASB to incur additional expenses. If Exhibitor fails to exhibit throughout all show hours, TASA/TASB reserves the right to adversely consider Exhibitor's record of non-performance in future Convention contract opportunities. Exhibitors may not use escalators or passenger elevators to transport equipment or freight into or out of the Facility. No vehicle may be parked in the loading dock for more than 15 minutes. Vehicles are allowed in the dock area strictly for loading and unloading purposes. Dismantling of displays must not begin until after exhibits close at the times listed in the Exhibitor Service Kit. All exhibits must be removed and the building vacated by the Move-Out Date. No one under the age of 18 is permitted in the Exhibit Hall during move-in or move-out. No installing, dismantling, rearranging, repairing, servicing, removing, or supplementing of exhibits will be permitted during the viewing hours without the permission of TASA/TASB. To ensure the continuation of a smooth installation, dismantling, and operation during the Exhibition, official contractors can provide services. Complete details for the official contractors and the labor and services they provide are outlined in the Exhibitor Service Kit. An Exhibitor-Appointed Contractor is any person or company other than the designated “official” or “exclusive” contractors that provide a service (e.g., supervision, display installation and dismantling, advertising agencies, models, florists, photographers, aquarium supply firms, computer firms, audio-visual firms, etc.) and requires access to the Exhibit Hall any time during move-in or move-out or show dates. Exhibitors are responsible for advising TASA/TASB of the names, addresses, and contracts for these Exhibitor-Appointed Contractors by submitting the Work Authorization Request Form included in the Exhibitor Service Kit. If TASA/TASB is charged a fee by the Facility because Exhibitor caused damage or did not properly remove material after the Convention, that fee will be passed on to Exhibitor.

7. EXHIBITOR COSTS

TASA/TASB is not responsible for any of Exhibitor’s costs. Exhibitor bears all responsibility for any costs it undertakes to comply with this Contract.

8. EXHIBITORS’ ADMISSION CREDENTIALS

Exhibitor must furnish TASA/TASB with an advance list of its representatives. Exhibitor must not send any representative who has been convicted of a violent felony (in any jurisdiction) or for whom Exhibitor has reason to believe might pose a danger to others. Representatives must register upon arrival at the exhibit area and must wear Exhibitor identification badges at all times. A maximum of 12 Exhibitor badges per contracting company will be issued free of charge.  Up to 13 additional Exhibitor badges may be purchased for $50 each. Exhibitor badges entitle the wearer to attend activities held in the Exhibit Hall and General Sessions. Exhibitors who want to attend other Convention activities, such as Breakout or In-Depth Sessions or the Texas Council of School Attorneys meeting, must register as a Convention attendee and pay the full Convention registration fee; however, they may register at the TASA/TASB member rate. Exhibitors will be admitted to the Exhibit Hall one hour before the Exhibit Hall opens on each day of the Convention, and power and lights will be turned on at that time. Any special arrangements or requirements must be coordinated with TASA/TASB. Only six company representatives per 100 square feet of rented space will be allowed in the booth at any given time. TASA/TASB reserves the right to exclude from the exhibit area and/or the Convention, without any refund or reimbursement, any Exhibitor, its employees, servants, independent contractors, and agents of every kind, who breach this Contract, behave inappropriately (including sexual harassment) at Convention functions or in the Exhibit Hall, violate the law, misrepresent his or her products or services, or otherwise bring discredit upon the Convention or TASA/TASB. Any such conduct shall constitute a material breach of this Contract.

9. PUBLICITY

TASA/TASB will publish and distribute to registrants a list of Exhibitors, their booth numbers, and their products. TASA/TASB reserves the right to publish a list of immediate past Exhibitors in the following year’s promotional materials and on the Convention Web Site. Web site links from the Convention’s online list of exhibitors will remain active July–December of the current Convention year.

10. CANVASSING AND OTHER ACTIVITIES

Interviews, demonstrations, distributions of literature, etc., are permitted only within the Exhibitor’s space. Samples or souvenirs may not be sold, and if distributed, must directly relate to merchandise displayed in the Exhibitor’s booth. TASA/TASB will not permit non-exhibitors or non-sponsors to canvass, solicit, hold conferences, or distribute literature or other promotional devices during the Convention. Aisles must be kept clear of exhibit materials, and debris must be disposed of in building trash containers. Fire regulations in most exhibit facilities prohibit storing product, literature, empty packing containers, or packing materials behind back drapes or under draped tables. In most cases, however, Exhibitors may store a limited supply of literature or product appropriately within the booth area, as long as these items do not impede access to utility services, create a safety problem, or look unsightly.

Meetings, demonstrations, press conferences, or social functions held by Exhibitors must not be scheduled during exhibit hours or conflict with any official Convention activities unless approved by Show Management. Two priority points will be deducted for conducting such events in violation of this provision.

11. DRAWINGS, DOOR PRIZES AND OTHER GIFTS

Exhibitors may only provide prizes or gifts in accordance with law and the terms of this Contract. Exhibitors conducting drawings or offering prizes must comply with state laws prohibiting gambling and bribery of public servants. Personal tangible gifts to public servants should be limited to caps, T-shirts, coffee mugs, or other token items. In no event should the value of the personal gift exceed a $50 fair-market value. Additionally, no cash can be offered or provided to individuals.

12. SALE OF MERCHANDISE

Exhibitor may sell products on the exhibit floor during regular exhibit hours, provided that (1) Exhibitor has given TASA/TASB prior written notice, and (2) Exhibitor holds TASA/TASB harmless from every claim of any kind that may arise from the sale of such products, including without limitation, any consumer suit, complaint, or demand; any product liability suit; any claim for sales or use taxes; or any other claim, demand, or suit, whether in a court of law or equity or in an administrative forum. TASA/TASB reserves the right, in its sole discretion, to prohibit or discontinue sales for any reason, at any time. All Exhibitors, whether or not such Exhibitors have Texas business locations, must comply with all applicable laws, rules, and regulations including applicable provisions of city codes, building codes, fire codes, Facility rules and regulations, and state and federal laws and regulations.

13. GENERAL RULES

No part of the building shall be defaced in any manner, nor shall signs or other articles be posted, nailed, or otherwise affixed to any pillars, walls, doors, or other parts of the building. Helium balloons are not allowed in the Facility. Exhibitors will be liable for the cost of removing excess debris. All internal combustion driver vehicles or machinery using flammable fuels involved in a display must have the least amount of fuel required (between one-eighth of a tank and empty). Gas caps must lock or be sealed with tape. Batteries must be disconnected while on display. Displays of vehicles must obtain the approval of the Host City’s Fire Department prior to the Convention. Exhibitors must comply with all rules and regulations of the Facility. Such rules and regulations are available for review by contacting the Facility directly or by contacting TASA/TASB Convention staff. No animals are permitted in the Facility unless written permission for such animal’s presence is given. With the exception of service animals, no animals are permitted in the Facility without TASA/TASB's prior written consent. Exhibitor is responsible for and agrees to maintain proper control of any animals in the Facility, and further agrees to indemnify and hold TASA/TASB and the Facility harmless for any claim, liability, or loss, including without limitation attorneys' fees, arising out of or related to the presence of such animals.

14. NOISE AND SOUND

Musical instruments, radios, sound systems, motion-picture equipment, recorded music players, noise-creating devices, or amplifying systems shall be operated only at a level that will not interfere with other Exhibitors or add unduly to general acoustical inconvenience, and their operation must conform to TASA/TASB requirements.

15. INSURANCE

The Exhibitor shall have the following insurance covering the dates of the TASA/TASB Convention (including Move-In and Move-Out Dates): (a) comprehensive general liability insurance  for bodily injury or death and property damage relating to Exhibitor's use of the Convention Center, including its assigned exhibit space, in the amounts of $500,000 per occurrence and $1,000,000 aggregate, with coverage extending to the acts and omissions of Exhibitor and its employees and agents; (b) employers liability insurance with minimum limits of $500,000 per accident or injury and disease limits of $1,000,000 per policy; (c) workers’ compensation per statutory amounts; (d)  automobile liability insurance covering owned, non-owned, and hired vehicles, with a combined single limit of $1,000,000. The Host City and TASA/TASB shall be named as additional insureds on all such insurance by appropriate endorsement and all policies shall contain an endorsement waiving any claim or right of subrogation against the Host City and TASA/TASB.

16. COPYRIGHT/INETLLECTUAL PROPERTY

Exhibitors are responsible for obtaining permission or the license to use any copyrighted work that is performed, broadcasted, or displayed by such Exhibitor during the TASA/TASB Convention and to be prepared to furnish proof to TASA/TASB of compliance with all intellectual property laws, including but not limited to copyright laws, if requested. Each Exhibitor assumes full liability for any infringement of intellectual property rights committed by or on behalf of such Exhibitor and agrees to hold TASA/TASB and its employees and agents harmless and to assume all costs and damages for any direct or indirect liability TASA/TASB may incur by such infringement. For any infringement committed, each Exhibitor agrees to assume the duty to defend, including paying for all costs associated with the infringement defense, giving TASA/TASB the right to control litigation and choice of counsel. The provisions of this section shall survive the termination of this Contract.

17. INDEMNITY

          A. INDEMNITY TO TASA/TASB: Exhibitor agrees to defend and indemnify TASA/TASB, including their respective employees and agents, and hold and save them harmless from and against all claims, actions, damages, losses, expenses and liabilities arising out of the act, omission, negligence, or misconduct of Exhibitor or any of its employees, agents or contractors at the Convention Center, including the Exhibit Hall and Exhibitor's assigned space, for the Convention under this Contract. Additionally, Exhibitor releases TASB/TASB from any liability relating to the loss of or damage to Exhibitor's goods or property at the Convention Center. The provisions of this section shall survive the termination of this Contract.


          B. INDEMNITY TO HOST CITY: Exhibitor agrees to defend and indemnify the Host City, the owner of the Exhibit Hall, and hold and save it harmless from and against all claims, actions, damages, losses, expenses and liabilities arising out of the act, omission, negligence, or misconduct of Exhibitor or any of its employees, agents or contractors at the Convention Center, including the Exhibit Hall and Exhibitor's assigned space, for the Convention under this Contract. Additionally, Exhibitor releases the Host City from any liability relating to the loss or damage to Exhibitor's goods or property at the Convention Center. The provisions of this section shall survive the termination of this Contract.

18. MISCELLANEOUS

          A. Possession of firearms is forbidden in the Facility with the exception of licensed peace officers and licensed honorably retired peace officers.

          B. The performance of this Contract by either party is excused if made impossible, illegal, or commercially impractical by acts of God, war, government regulation, disaster, civil disorder, curtailment of transportation facilities, power outages, or other emergency or event, over which a party has no control and the terminating party gives written notice to the non-terminating party. This Contract may be terminated by TASA/TASB if Convention is cancelled for any reason. The Exhibitor is not entitled to receive a refund because the facility fails to provide any service (e.g., electricity goes out and attendees cannot see exhibit) or because either party terminated this Contract pursuant to Paragraph 18(B).

          C.  Failure by the Exhibitor to comply with these rules and regulations as agreed by the parties or the breach of any representation, warranty, or guarantee by the Exhibitor shall render the Exhibitor liable for direct and consequential damages, expenses, allocations of overhead, etc., including, but not limited to, reasonable attorneys' fees.

          D.  This Contract represents the complete understanding of the parties and may be amended, modified, or otherwise altered only pursuant to the mutual written Contract of the parties.

19. GENERAL

TASA/TASB reserves the right to make such additional conditions, rules, and regulations as TASA/TASB deems necessary to enhance the success of the TASA/TASB Convention. Failure of TASA/TASB to declare any violation of these rules immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such violation. TASA/TASB shall have the right to declare any violation at any time and take such action as might be lawful or authorized hereunder, either in law or in equity. The receipt of any rent or payment by TASA/TASB, with or without knowledge of any breach or violation by TASA/TASB of any conditions, terms, or covenants, hereunder shall not be determined or considered as a waiver of any provision hereunder. Any and all matters and questions not specifically covered by these exhibit regulations shall be subject to the decision of TASA/TASB and may be amended at any time by TASA/TASB in the interest of the exhibit and notice thereof shall be binding on the Exhibitors equally with the foregoing in these exhibit regulations.

20. USE OF LOGOS AND TRADEMARKS

Exhibitors will be provided with a media kit containing material that exhibitors may use in their promotional material as a Convention exhibitor.  Exhibitors may only use that media kit material, must follow the guidelines established in the media kit, and should not copy or manipulate TASA, TASB or TASA/TASB Convention logos, trademarks, or other intellectual property without their prior written permission. Unless otherwise set out in a separate written agreement, it must be obvious that any material created by Exhibitor is created and owned by Exhibitor and does not imply that TASA, TASB or the TASA/TASB Convention created or endorsed the material. Exhibitor's material must not be misleading about its relationship with TASA, TASB or the TASA/TASB Convention as an exhibitor. Nothing in this Contract makes Exhibitor a Convention sponsor, underwriter, or endorser; thus Exhibitor shall not communicate or imply otherwise.

21. AMERICANS WITH DISABILITIES ACT

Exhibitor agrees to comply with the laws and regulations set forth for public accommodation by the Americans with Disabilities Act (“ADA”) and applicable state and local law. Exhibitor further agrees and warrants that any Exhibitor booth, display, or other contrivance placed in the exhibit space licensed to the Exhibitor by TASA/TASB shall at all times comply with ADA and applicable state and local law, including accessibility, usability, and configuration. The Exhibitor further agrees to fully indemnify and hold TASA/TASB harmless from any and all claims or actions (including administrative claims) brought against TASA/TASB as a result of the Exhibitor being in violation of the ADA, its regulations, or applicable state or local law during the period of this contract, including the amount of any claim or judgment TASA/TASB is compelled to pay, and the costs, including attorneys’ fees incurred by them in defending against all such claims. TASA/TASB reserves the right to revoke this contract without penalty if it determines that the Exhibitor is in violation of the ADA or any other law with respect to any exhibit booth, display, or other contrivance placed in the space licensed to the Exhibitor under this Contract.

22. VENUE

Venue for any legal proceeding concerning this Contract shall be in Travis County, Austin, Texas.

23. SURVIVAL

The Exhibitor agrees that it shall remain obligated to TASA/TASB under all clauses of this Contract that expressly or by implication survive the expiration of the period contemplated by this Contract.
  
v. 11/06/14