Agreement, Continued.
Exhibitor's online registration and this Exhibitor's Terms and Conditions constitute a contract between the signer (Exhibitor) and Aspire Network (Event Host).
Assignment of Exhibitor Booths: The Event Host assigns spaces for each Exhibitor at its discretion; the timing of receipt of a completed application, and the degree of program sponsorship. Exhibitors may not exchange assigned spaces with other Exhibitors. Each exhibit space contains one 6’ table, with a floor-length drape, and 2 chairs. Access to electricity can also be made available.
Other Terms & Conditions:
1. Exhibitor Trademarks/Exhibitor Materials. Subject to the terms and conditions of this Agreement, Event Exhibitor grants to Event Host the right to use Event Exhibitor trademarks trade names, logo designs, and company descriptions as prepared and delivered to Event Host by Event Exhibitor in any medium of advertising, marketing materials, and/or promotional goods distributed solely in conjunction with the Event and in accordance with Exhibitor trademark usage guidelines.
2. Indemnity. Event Host shall not be responsible for any loss of or damage to property of Exhibitor, its employees, agents, contractors, or assigns nor for any personal injury to Exhibitor's officers, directors, employees, agents, contractors, and/or invitees except to the extent any such claims may be directly and solely attributable to the gross negligence or willful misconduct of Event Host, its directors, officers, and/or employees. Event Exhibitor shall indemnify, defend, and hold Event Host harmless from and against any claims arising out of, or relating directly or indirectly to, content on their respective websites, use of Exhibitor’s trademarks and logos, and Exhibitor Materials. The Exhibitor will give the Event Host prompt written notice of any claim or suit coming within the purview of these indemnities.
3. Limitations of Liability. In no event shall either party be liable to the other party for any incidental, consequential, indirect, or punitive damages (including but not limited to lost profits) regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages.
4. Representations. Each party hereby represents and warrants that it has the full power to enter into and perform according to the terms of this Agreement.
5. Termination by Event Host. Event Host shall be entitled to cancel the Event and/or terminate this Agreement at any time for any reason. If the Event Host terminates this Agreement for any reason other than the Exhibitor's breach or uncontrollable event, the Event Host shall refund any fees received from the Exhibitor, and at the Event Host’s expense, return any materials, and equipment, hardware, and/or software loaned by Event Exhibitor for the Event.
If Event Host terminates this Agreement for Event Exhibitor's breach, the Event Host shall retain any fees received from Event Exhibitor which fees shall be due and payable notwithstanding any such termination. Any equipment, materials, and hardware or software of the Exhibitor shall be returned at the end of the Event and, in the interim, may be used for the purposes contemplated herein notwithstanding such termination.
6. Cancellation by Exhibitor. Cancellation must be in writing to the Contact shown on the Exhibitor Application form. Note that all fees are non-refundable after January 8, 2025, and 50% refundable before that date. Exhibitors are required to provide 48-hour advance notice of cancellation of exhibiting at the conference.
7. Loss of or Damage to Property/Content Indemnity. The event Host and the church hosting the event shall not be responsible for any loss of or damage to the property of the Exhibitor, its employees, agents, contractors, or assigns nor for any personal injury to the Exhibitor’s officers, directors, employees, agents, contractors and/or invitees except to the extent any such claims may be directly and solely attributable to the gross negligence or willful misconduct of Event Host, its directors, officers, and/or employees. Exhibitor shall indemnify, defend, and hold Event Host harmless from and against any claims arising out of, or relating directly or indirectly to content on their respective websites, use of Exhibitor’s trademarks and logos, and Exhibitor Materials. The Exhibitor will give Event Host prompt written notice of any claim or suit coming within the purview of these indemnities.
8. Miscellaneous.
- Notices. All notices, authorizations, and requests in connection with this Agreement shall be deemed given on the day they are (i) deposited in the mail, postage prepaid, certified or registered, return receipt requested; or (ii) sent by air express courier, charges prepaid. The Event Exhibitor agrees to send a copy of any notices, via email to the Event Host's email address.
- Relationship of Parties. This Agreement does not constitute and shall not be construed as constituting a partnership, or joint venture relationship between or among the parties. For purposes of this Agreement, Event Host is Independent Contractor of Event Exhibitor
- Confidentiality. Each party expressly undertakes to retain in confidence all information and know-how transmitted to it by the other party that the disclosing party has designated as proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and will make no use of such information and know-how except under the terms, for the purposes of and during the existence of this Agreement. Each party's obligation under this Agreement with respect to any particular information shall extend to the earlier of such time as such information is publicly available through no fault of the receiving party or five (5) years following termination of the Agreement. The terms of this Agreement will be kept confidential by the parties.
- Governing Law/Jurisdiction. This Agreement shall be governed and interpreted in accordance with the laws of the state of California.
- Severability. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby
- Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party.
- Dispute Resolution. The parties will attempt to resolve any claim or dispute related to this Agreement through good faith negotiations between a representative of each party that has the authority to settle such a dispute, taking into consideration the principles of fair dealing and Christian reconciliation.
- Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to sponsorship of the Event and supersedes all prior agreement related thereto.
- Counterparts. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute the same instrument.