Innovation Hall Rules & Regulations

Transcription

1 Innovation Hall Rules & Regulations BINDING AGREEMENT: By participating in the Digital Insight Innovation Hall ( Exhibit Hall ) and/or agreeing to this document, you acknowledge that you, individually and on behalf of the company you represent (hereafter referred to as you or Exhibitor ) are entering into a binding legal agreement and agree to comply with the following terms and conditions. EXHIBITOR REGISTRATION: Exhibitor registration for the Exhibit Hall must be made via the online registration process. Digital Insight reserves the right to reject an exhibitor registration and additional registrants, which in its sole discretion is not appropriate for this conference. The payment for participation in the Exhibit Hall must be received by Friday, July 31 st, CANCELLATION POLICY: Exhibit Hall fees paid by you to Digital Insight are non-refundable, with the sole exception that if the event is cancelled by Digital Insight, other than as a result of events beyond its reasonable control, then a refund of Innovation Showcase fees actually received will be issued. LIABILITY POLICY: You agree to indemnify and hold harmless Digital Insight, JW Marriott Austin ( Resort ), the hired security and contracted decorating/drayage company, and all of their officers, directors, employees and agents, from and against any actions, losses, costs, damages, claims and expenses (including attorney fees and costs) arising from any negligent or willful act or omission by you, your employees or representatives. Except as provided above, in no event will Digital Insight have any liability with respect to, and will in no event be liable for, any consequential, incidental, special or punitive damages whatsoever (including without limitation, damages for loss of profits, use or data, for business interruption, or other pecuniary loss), in connection with or arising out of this Exhibit Hall arrangement, whether based upon contract, tort, or any other legal theory, including negligence, even if Digital Insight has been advised of the possibility of such damages. This limitation will apply notwithstanding any failure of the essential purpose of any limited remedy provided herein. Without limiting the foregoing, you specifically acknowledge that neither Digital Insight or Resort or any representative of either will be responsible for losses by you, your agents, directors, shareholders, employees, members, attendees, contractors, volunteers, performers or any other party due to theft, damage to, or disappearance of equipment or other personal property, it being specifically acknowledged that such equipment and property is not under the care, custody, or control of Digital Insight or Resort. AGREEMENT NOT TO COMPETE: While participating in the Exhibit Hall at the Digital Insight Innovation Conference, you agree not to market, endorse, demonstrate, advertise or otherwise promote products (whether your own or of third parties) that are substantially similar to, or otherwise compete with, the Digital Insight products or services. DISTRIBUTION OF PRINTED MATTER/SOLICITATION: Distribution of advertising material, samples, souvenirs, publications, printed material, of any sort shall be restricted to your assigned exhibit workstation, and is subject to review by Digital Insight or its representative. Distribution elsewhere in the Resort must be approved in writing, in advance by Digital Insight. WORKSTATIONS: A standard workstation package; 1 kiosk, 2 barstools, 1 electrical outlet and power strip, 1 flat screen monitor, internet, and an identification sign is provided without additional cost to the exhibitor. No part of the constructed display may obstruct the view of adjacent workstations. You are not permitted to bring your own booth, signage, tabletop or other display unit. WORKSTATION SET-UP AND DISMANTLING: The exhibition booths will be assembled by Digital Insight. The specific requirements as to the time for set-up and dismantling of your workstation and cobranded collateral shall be supplied in the exhibitor manual prior to the event. Digital Insight and Resort reserve the right to substitute comparable exhibit space for unforeseen circumstances. All materials you bring into the exhibition facility must be flame retardant to the satisfaction of the local Fire Marshal. The Resort is, to the best of our knowledge, in compliance with the Americans With Disabilities Act and the Hearing Capacity Act of Page 2 of 5

2 SHOWCASE: Digital Insight reserves all rights to review all exhibition booth materials, forms, displays, equipment, and products, prior to the commencement of the conference and, in its sole discretion, may limit all such showcase materials, forms, equipment or products displayed at any time prior to or during the conference. DEFAULT OCCUPANCY: Any exhibitor failing to occupy the booth space contracted for is not relieved of the obligation to pay for such space at full price. Space not occupied or set-up by exhibit opening may be reassigned for other purposes. Digital Insight shall have the right to use such space as it sees fit to eliminate blank space in the exhibit hall. CONFLICTING MEETING OR SOCIAL EVENTS: You agree not to extend invitations, call meetings, or otherwise encourage absence of attendees or exhibitors from the conference or exhibit hall during the official conference hours. NOT A LEASE; NO SUBLETTING OF SPACE: This agreement does not constitute a sublease. You agree that you are an invited guest-exhibitor of Digital Insight and have no independent rights with regard to the use of the exhibition space, and without limiting the foregoing, have no right to and agree not to attempt to assign or sublet space or any part thereof. You also agree not to display articles other than those manufactured or sold normally by you unless approved in writing by Digital Insight. EXHIBITOR SERVICE MANUAL: Digital Insight will provide an exhibitor service manual to you prior to the conference. This manual will include specifications for exhibit hours, set-up, tear down, security, electricity and shipping. EXHIBIT STAFFING: You agree that your booth will be staffed during all open exhibit hours. Any booth without representation will be subject to fine. NO EARLY DISMANTLE: You may not dismantle your booth prior to the end of the exhibit hall hours. Any booth that is not staffed until the end of the official exhibit hall hours on Wednesday, October 7 th is subject to a $500 fine. NO MERCHANDISE FOR SALE: You may not offer any merchandise for sale in the Exhibit Hall or elsewhere at the convention. COMPLIANCE WITH GROUNDRULES: You agree to comply with the applicable rules of event participation that may be communicated to it by Digital Insight, the Resort and their authorized vendors from time to time. INSURANCE: You shall carry your own insurance, at your own expense, adequate given your participation in the event and shall be provided to Digital Insight upon request. Digital Insight and the exhibition facility assume no responsibility for the safety of the participants or properties of the exhibitors. You should insure your own exhibit display materials and personnel covering all risks (bodily injury, liability, fire, theft, damage, etc.), especially during transit and the period that will be in the exhibition hall. PROTECTION OF THE EXHIBIT AREA: Nothing shall be posted on, tacked, nailed, screwed or otherwise attached to columns, walls, floors or other parts of the exhibition without permission from Digital Insight. Packing, unpacking and assembly of exhibits shall be done only in designated areas and times with directions from Digital Insight, the Resort, or the event management company. PHOTOGRAPHY/VIDEO: You are prohibited from taking any type of photograph or videotape of the exhibition without the consent of Digital Insight. Unauthorized use of photography equipment or videotape equipment may render such equipment subject to confiscation by Digital Insight. RIGHTS TO PHOTOGRAPHS, PUBLICITY, MATERIAL, RADIO AND TELEVISION, AND PRINT MEDIA: Digital Insight reserves the sole right to use any photographs, recordings, electronic images or publicity material received by or obtained by Digital Insight in the course of the Exhibition, for whatever use deemed proper by Digital Insight. Digital Insight has the exclusive right to include photographic, video and other visual portrayals of attendees, Exhibitors and their exhibits including its contents, in any Page 3 of 5

3 pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales publicity and otherwise, without compensation to Exhibitor, and all rights titled and interest bearing (including all worldwide copyright therein) will be Digital Insight s sole property, free of any claims to Exhibitor or any person deriving any rights or interest from the Exhibitor. ACCESS TO DISPLAYS: Digital Insight may regulate the hours of access to display and eligibility for admission thereto as may be found in its judgment to be most practical. Access to the exhibit area will be restricted to registered vendors and attendees only. Security will be provided at the exhibit hall during the hours the area is closed. USE OF NAMES AND TRADEMARKS: You acknowledge that Hilton Orlando Bonnet Creek and Digital Insight are registered trademarks and agree not to use, copy, reproduce, or distribute any Digital Insight or Resort trade name, trademark, copyrighted material (including images), or service mark without first obtaining written consent. GOVERNING LAW: This agreement shall be governed, construed and enforced in accordance with the laws of the State of California and the U.S. without giving effect to the conflict-of-laws principles thereof. The parties agree that jurisdiction over and venue in any legal proceeding arising out of or relating to this Agreement will exclusively be in the state or federal courts located in Los Angeles, California. CONTRACT EXECUTION: Execution of this agreement and attendance at the conference by an exhibitor: (1) signifies the exhibitor s agreement to all the terms and conditions of this agreement, and (2) constitutes a waiver of any claim by an exhibitor against Digital Insight if Digital Insight requires an exhibitor to leave the Conference for the reason stated above. Page 4 of 5

4 Attachment A Additional Terms & Conditions for Resort Exhibitors CONVENTION SERVICES POLICIES AND PROCEDURES These Policies and Procedures are required by Digital Insight to help ensure that all attendees receive uniform excellence in service. Please review them carefully. ADVERTISING Resort retains exclusive rights to all display advertising within the function space and all other space on the Resort property. Flyer and sample distribution is also restricted. You shall not place any signage or banners in the function space or on Resort property without prior written consent from Digital Insight. In the event that you are granted permission to advertise within the function space or Resort property, such right shall be a non-exclusive right to advertise; however, signage is restricted to meeting areas and must be pre-arranged with Digital Insight. NO BROADCAST You agree not to make any audio or visual recordings of meetings and events without prior approval from Digital Insight. NO STORAGE All freight, box containers, and equipment will be inspected by Resort security at all loading docks and staging areas prior to moving into the property. At no time during the show will you be allowed to store freight and/or equipment in any public area, service area, or the back dock of Resort. This includes the outside perimeter of Resort as well as the parking lot. No commercial vehicles may be parked overnight in the convention load-in area. ELECTRICAL, CABLES AND WIRES You agree not to alter, modify, reconfigure or otherwise disturb the electrical, cable and wiring at and surrounding your workstation, including altering the cable bridges and adhesives on the floor, or using other adapters or devices without the express permission of Digital Insight. If you experience an equipment malfunction of any kind, you agree to promptly contact a representative of Digital Insight, who in turn will work with the Resort to address the malfunction. All props, decorations, audiovisual, sound reinforcement, and lighting equipment must have Digital Insight and Resort approval. FIRE REGULATIONS A NO-SMOKING policy will be in effect at all times during the exhibition and during all setup and tear down times. All required fire exits may not be blocked, or used for moving exhibit material in or out, or used as storage areas. All exits must be kept clean and unobstructed. Aisles and exits as designated on approved show plans shall be kept clean, clear and free of obstructions. Easels, signs, etc. shall not be placed beyond booth areas into the aisles. All decorations, drapes, signs, banners, acoustical materials, hay, straw, moss, split bamboo, plastic cloth and similar decorative materials shall be flame retardant to the satisfaction of the local Fire Marshal. Canvas, cloth, cardboard, leaves, or similar combustible materials shall be completely flame retardant. Oilcloth, tarpaper, sisal paper, nylon, Orlon and certain other plastic materials cannot be made flame retardant and their use is prohibited. Page 5 of 5

5 ALL MATERIAL MUST BE ACCOMPANIED BY AN OFFICIAL FLAME RETARDANT CERTIFICATE AND PROVIDED TO THE DIRECTOR OF CONVENTION SERVICES PRIOR TO MOVE IN. All labor or purchases required to bring the work up to code will be the responsibility of the exhibitor. Noncompliance with any local Fire Department regulations will result in your exhibition removed from the conference without any liability to Digital Insight. Fire extinguishers, fire hose cabinets and sprinkler closets must be visible and accessible at all times. Fire extinguishers may be blocked only if approved by the Fire Marshal and temporary extinguishers are supplied in the same area and are clearly visible. Combustible materials (including pyrotechnic displays) must not be displayed at any time. All local Fire Department regulations must be observed in their entirety. SIGNAGE AND DISPLAY ADVERTISING Exhibitors will not be permitted to create or hang any signage or display any advertising throughout the function space and all other space on Resort property. Signs and banners may not be taped, stapled, tacked, or nailed to any wall, door, floor, or registration area. Digital Insight will provide each exhibitor with appropriate signage for their booth space and any related sponsorships. Use of outside florists is not permitted. NO FOOD OR BEVERAGE SALE Resort is the sole provider of all food and beverages services in the banquet facilities. WALLS Nothing is to be placed against or leaned against any wall in the ballrooms. All crates, exhibit panels, and pallets must at all times be kept a minimum of five (5) feet away from the walls. Nothing is to be attached to the moveable wall tracks at any time. You will be charged by Resort or Digital Insight for any damages incurred as a result of your exhibition activities. SHIPPING AND RECEIVING; PACKAGES Please follow the instructions in your exhibitors manual (forthcoming) for shipping certain onsite materials via our exposition services company. Any other items you wish to ship/receive must be shipped to yourself as a guest at the Resort, and standard regular Resort receiving fees will apply. You may not ship any items to the Resort at the attention of Digital Insight. MISCELLANEOUS Digital Insight may provide Resort with a copy of this agreement at the request of the Resort. Page 6 of 5