TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR DEALER PARTICIPATION IN ANY HERITAGE EVENT COMPANY EVENT, EFFECTIVE MARCH 31, 2019 By registering for participation as an exhibitor/dealer with Heritage Event Company, LLC, you are entering into an agreement with Heritage Event Company LLC & (the “Promoter”). Dealer’s registered name and/or business name for any event is represented as the “Dealer”. The agreement applies to any and all events in which the Dealer has registered for and participates in with the Promoter. Dealer acknowledges that all arrangements for dealer space rental at Heritage Event Company events must be made exclusively with the Promoter. Promoter reserves the right to refuse service and/or rental options at Promoter’s discretion, for any reason. All approved, participating dealers must complete agreements, agree to terms of participation and submit deposit equal to half the total amount due in order to secure space reservation for the event. NO SPACES WILL BE HELD WITHOUT DEPOSIT & REGISTRATION SUBMITTED. NO SUBLETTING OF CONTRACTED SPACE IS ALLOWED. Dealer acknowledges that Heritage Event Company LLC makes no express or implied guarantees of performance or sales of dealer merchandise at any Heritage Event Company event. Dealer acknowledges that payments made to Heritage Event Company by Dealer are for the sole purpose of renting exhibit space at the event and/or rental of physical equipment provided by Promoter upon request of Dealer. As with any business venture, there is a risk of incurring loss at any event. Past performance is not necessarily indicative of future results. Dealer is solely responsible for the outcome of Dealer sales at any Heritage Event Company event. If using electricity, Dealer must provide extension cords and any other equipment necessary to gain electrical access. Promoter reserves the right to relocate Dealer space assignment to another location at Promoter's discretion. Dealer must position display so as not to impede aisle traffic, cause a safety hazard, obstruct areas that must meet fire code, or infringe upon another dealer's rental space or endanger another dealer’s merchandise. Dealer agrees to keep their display and merchandise within the boundaries of their designated rental space. Dealer agrees to modify their display at Promoter’s request regardless of reason. Dealer booth content must consist of antique/vintage merchandise. Exceptions complimentary to the theme of the show, as deemed appropriate by the Promoter, will be determined on a case-by-case basis. Such exceptions must be requested in writing and acknowledged in writing by Promoter. Overall booth representation must at all times convey quality and all items must be accurately represented. Merchandise displayed at the show by Dealer must be consistent with that which was represented by Dealer at the time of space reservation. Promoter reserves the right to have Dealer modify or remove their merchandise if Promoter deems it is not consistent with the theme or quality of the show. Promoter reserves the right to refuse or revoke booth space reservations to any applicant, at any time, regardless of reason. Dealer is expected to behave in a respectful, professional manner, with self-control and refrain from the use of profanity. Dealer agrees not to pack merchandise prior to close of the show without express, written permission from Promoter. Dealer agrees to not solicit to the public or other dealers for participation in non-HEC events. Dealer agrees not to distribute literature of any kind at the event. Dealer understands that failure to comply with Terms & Conditions for Participation may result in expulsion from any Heritage Event Company event at any time and barred participation in future events at Promoter’s discretion. In cases of Dealer dismissal, walk-out before or during event, Dealer protest or Dealer complaint submitted during or after the event, NO REFUNDS WILL BE ISSUED. ALL SALES ARE FINAL. Cancellation Policy: Deposits are nonrefundable. No rollovers are allowed under any circumstance. Cancellations must be received IN WRITING no later than 30 calendar days prior to 12:01 AM on first set-up date of event to avoid additional liability. Cancellations may be submitted in one of two ways: 1) Via email to email@example.com OR 2) Via regular mail to: Heritage Event Company LLC, 6050 Stetson Hills Blvd. Ste 327, Colorado Springs, CO 80923. Cancellations submitted prior to the 30 day deadline will not be held liable for outstanding balances beyond ½ deposit down required to hold space. In the event that Dealer has paid in excess of the minimum ½ down deposit required, a check refund will be issued to Dealer for THE OVERAGE AMOUNT ONLY, minus any nonrefundable fees associated with bank or credit card company charges, within 30 days of the completion of the event, provided the minimum cancellation notice of 30 days was submitted according to guidelines stated above. Refunds will be made payable to the registered name and address of Dealer as indicated on original registration. Cancellations submitted less than 21 days prior to set-up date will result in full payment of all fees due and collection efforts for the full amount of Dealer’s contracted outstanding balance. Dealer acknowledges Heritage Event Company LLC and the hosting venue as the authoritative bodies responsible for management of the event and insuring that all dealers comply with the above rules and regulations. Dealer grants permission to Heritage Event Company LLC to use images of Dealer (including any motion picture or still photographs made by the Promoter, or Promoter’s agent, of Dealer’s likeness or merchandise) for any purposes in connection with promoting Heritage Event Company events, which may include but is not limited to advertising, promotion and marketing. The Promoter may crop, alter or modify/combine such images with other images, text and graphics, without notifying dealer. Dealer consents to use of their name and any other information provided by Dealer to the Promoter to be used/displayed as necessary in order to promote Heritage Event Company events. Sales Tax: Promoter will provide dealers with sales tax information as available. Dealer understands Promoter may be required to supply Dealer information, which includes but is not limited to registered name, address and phone number to governing tax authorities at the conclusion of the event. In consideration for receiving authorization from Heritage Event Company LLC to participate in any event owned or operated by Heritage Event Company LLC, dealer hereby agrees to RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Heritage Event Company LLC, Expo Square, South Towne Expo, Midland County Horseshoe, “The Ranch” Events Complex, Larimer County Fairgrounds, Cox Convention Center, SMG, Branson Convention Center, Mid-America Event Center, Caesars Entertainment, Overland Park Convention Center, Ozark Empire Fairgrounds, Best Western Inn of the Ozarks, Brazos County Expo, the City of Bryan, New Braunfels Civic/Convention Center, the City of New Braunfels, Bossier City Civic Center, the City of Bossier City, their officers, agents, volunteers, or employees (hereinafter referred to as RELEASEES) from any and all LIABILITY, claims, demands, actions and causes of action whatsoever arising out of or related to ANY loss, damage, or injury, including death, that may be sustained by Dealer, Dealer’s agents or associates, or any of the property belonging to Dealer, or minor children under Dealer’s care WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted. Dealer is fully aware of the financial, material, physical and other risks involved and the hazards connected with this activity, including but not limited to travel and/or any on-site hazards. Dealer hereby elects to voluntarily participate in said activity with full knowledge that said activity may be hazardous to dealer and dealer’s property. DEALER VOLUNTARILY ASSUMES FULL RESPONSIBILITY FOR ANY RISKS OF LOSS OF ANY KIND, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by dealer, or any loss or damage of property owned by dealer, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE. Dealer further hereby AGREES TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to dealer’s participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise. Dealer understands that Heritage Event Company LLC does not maintain any insurance policy covering any circumstance arising from dealer’s participation in this event or any activity associated with or facilitating that participation. As such, Dealer is aware that they should review their personal insurance portfolio. It is dealer’s express intent that this Waiver of Liability and Hold Harmless Agreement shall bind members of dealer’s family and spouse, if dealer is alive, and dealer’s heirs, assigns and personal representative, if dealer is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE OR HOLD LIABLE the above named RELEASEES. Dealer hereby further agrees that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the state in which Heritage Event Company LLC event is held. DEALER ACKNOWLEDGES AND REPRESENTS THAT Dealer has read the foregoing Waiver of Liability and Hold Harmless Agreement, understands it and agrees to it voluntarily as Dealer’s own free act and deed; no oral representation, statements, or inducements, apart from the foregoing written agreement have been made; Dealer is at least eighteen (18) years of age and fully competent; and Dealer executes the Release for full, adequate and complete consideration fully intending to be bound by same. Any minor children, of which Dealer is their parent or legal guardian or have been given custody of their care by the act of bringing them to said activity with permission of their parent or legal guardian, do also empower Dealer to make decisions on their behalf and certify this Waiver of Liability and Hold Harmless Agreement in their person. Dealer has read, understands and agrees to all the terms of the Waiver of Liability and Hold Harmless Agreement.