This agreement shall be constructed solely as a license for the use of the exhibit space to be occupied by the Exhibitor, and Exhibitor agrees that it has not relied on any oral or written representation not contained in this agreement. Management disclaims any implied warranties of merchantability and/or fitness with respect to the services or material furnished to the Exhibitor in connection herewith.
1. The FitCon Expo ("the Exposition) is owned and managed by FitCon LLC, referred to hereinafter as “Management.” Applicant agrees to abide by all instructions, exhibitor information and Rules and Regulations of Management. Except as contained herein, management makes no representations or warranties, expressed or implied. Any changes in this agreement must be in writing and signed by both parties. Management shall have sole discretion in the interpretation and enforcement of all Rules and Regulations contained herein and the power to make amendments thereto, and such further Rules and Regulations as it shall consider necessary for the proper conduct and success of the Exposition. The failure of Management to insist upon a strict performance of any of the Rules and Regulations shall not be deemed a waiver of any rights Management may have.
2. Exhibitor acknowledges and agrees that the venue where the Exposition takes place (or any concessionaire of such venue) may (i) limit or prohibit Exhibitor’s sale of any and all food and beverage at the Exposition, and/or (ii) impose and collect a fee or commission on any and all food and beverage sold by Exhibitor at the Exposition.
3. Management reserves the right to decline, prohibit, or expel any exhibit which in its sole judgment is out of keeping with the character of the Exposition, including but not limited to persons, display materials, printed matter, product and conduct. Management reserves the right to determine in their sole discretion, the eligibility of all exhibit space applicants and individual products to be exhibited.
4. Management reserves the right, in their discretion, to alter the exhibit hours or floor plan arrangements in any manner which is in the best interest of the Exposition. Assignment of space shall be made by Management in its sole discretion. Location preferences will be accommodated as far as possible. Acceptance of an applicant does not imply endorsement of Exhibitor’s products or service, nor does rejection imply lack merit of same.
5. Distribution of advertising material and exhibit solicitation of any sort shall be restricted to the Exhibitor’s booth. Exhibitor’s exhibit or product may not extend beyond the limits of the Exhibitor’s booth and no part of any exhibit or product may extend into any aisle. No Exhibitor shall so arrange his/her exhibit as to obscure or prejudice adjacent booth exhibitors in the sole opinion of Management. No Exhibitor may assign, sublet, or apportion the whole or any part of the space allotted neither him/her nor exhibit therein any other goods than those manufactured or sold in the regular course of business by the Exhibitor. Identification badges are not transferable. Admission will be badge only. The standard booth equipment furnished will consist of an 8-foot-high back wall of draperies with aluminum uprights and stanchions with the division rails 36 inches high covered with draperies. Exhibit booth structures that will extend out from the booth backline to the aisle and that will be higher than 3 feet must be approved by Management. Exhibitors building to these specifications must finish the back or side portions of their exhibit so that these exposed areas will not be objectionable to adjacent exhibitors. Management reserves the right to have such finishing done or masking drapery installed, billing the Exhibitor for charges incurred. No build-up exhibits or other construction shall exceed 8 feet in background height including company name or other advertising unless approved by Management.
6. Exhibitors shall be bound by and comply with, at Exhibitor’s sole cost and expense, all applicable national, state, city, municipal and other laws, codes and government regulations of government or other authorities having jurisdiction over the exhibit facility or the conduct of said Exposition, together with the Rules and Regulations of the owners and/or operators of the facility in which the Exposition is held. Exhibitors shall be bound by and comply with, at Exhibitor’s sole cost and expense, all applicable copyright and trademark laws and regulations which may affect Exhibitor’s use and occupancy of the exhibit space or participation in the Exposition.
7. All booth reservation fees are non-refundable. Exhibitors may request a transfer via email to pete@fitcon.com. A credit for the amount paid for 2023 booth space will be applied toward booth space for one of the two subsequent year’s expo (2024 or 2025). Funds will be forfeited if the booth credit is not used within the two-year period.
8. Attention is called to the necessity for insurance covering all risks (including but not limited to liability, fire, theft, damage) on your exhibit from the place of shipment to the exhibition facility and return, including the period during which the materials remain in the Exposition. Exhibitor acknowledges that Management and each of their parent subsidiaries and affiliates and each of their officers, directors, agents or employees do not maintain insurance covering Exhibitor’s property and that it is the sole responsibility of Exhibitor to obtain business interruption, property damage and other insurance covering such losses as Exhibitor may incur, and assume no responsibility for the safety of the properties of the
Exhibitor, Exhibitor’s officers, agents or employees from theft, damage by fire, accident or any other cause whatsoever. Exhibitor expressly agrees to save and hold harmless Management, and affiliates and each of their officers, directors, agents or employees from any and all liability resulting from injuries to any person or for damages to or loss of property owned or controlled by Exhibitor, its agents, employees and attendees, persons and or properties in connection with the Exhibitor’s use and occupancy of the exhibit space or participation in the Exposition, and from any claim or liability which may arise as a result of copyright and trademark laws and regulations which may apply to Exhibitor’s use and occupancy of the exhibit space or participation in the Exposition.
10. The exhibit facility is a public building. Exhibitors are cautioned to take valuable items to their rooms or otherwise assure their safety when they are not in attendance at their exhibit booths and to exercise caution during the exhibit hours. Watchmen service is provided at all times when the exhibit hall is not open on show days, but the furnishing of such watchmen shall not be deemed to increase the liability of Management, the owner of the building in which the exhibit facility is located, their officers, agents or employees, nor to modify in any way the assumption of risk and release provided for above. Management shall not be responsible for the conduct of contractors or their employees and assume no responsibility for failure to perform by contractors, their charges, or any other matter relating to contractors or the exhibit facility. During closed hours, an Exhibitor must present proper identification and credentials to gain entry when entry is permitted.
11. If the Exhibitor fails to comply in any respect with the terms of this agreement, then Management shall have the right, without notice to the Exhibitor, to sell or offer for sale the exhibit space covered by this contract, said Exhibitor to be liable for any deficiency, which loss or damage the Exhibitor agrees to pay Management upon demand together with expenses and costs incurred by reason thereof.
12. Exhibitor acknowledges that actual occupation of the exhibit space by an exhibit is of the essence thereof, and that should Management be unable to effect the sale of the space as herein provided, Management is then expressly authorized to occupy or cause said space to be occupied in such manner as it may deem in the best interest of the Exposition, without any rebate or allowance whatsoever to the Exhibitor and without in any way releasing said Exhibitor from any liability hereunder, and said Exhibitor expressly agrees to pay Management the full sum as herein set forth.
13. In the event the Exposition is canceled or postponed, or Management is unable to perform for any reason whatsoever, including performance under this agreement, the sole and exclusive remedy of Exhibitor as against Management with respect to any damages sustained by Exhibitor as a result of the non-occurrence or postponement of the Exposition, including incremental and consequential damages, shall be a refund of monies paid on account of the exhibition space less Exhibitor’s pro rata share of expenses relating to the Exposition, as determined by Management. Management reserves the right to cancel or postpone the Exposition for any of the following reasons: force majeure including damage or destruction of the facility, acts of God, national or unforeseen emergency, public enemy, war or insurrections; strikes, or the possibility of strikes; the authority of the law; for any case beyond their control or where Management, in its sole discretion, determines that the Exposition cannot be held as planned; or in a manner which will serve the best interests of Management, the attendees and/or exhibitors; or where the success of the event will be adversely affected. MANAGEMENT SHALL NOT BE LIABLE TO EXHIBITOR OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, OR DIMINUTION IN VALUE, WHETHER IN AN ACTION IN CONTRACT OR TORT, UNDER STATUTE OR OTHERWISE, ARISING FROM ANY CLAIM DIRECTLY OR INDIRECTLY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
15. FitCon is a public event wherein exhibitors are required to follow and respect all local laws with regards to serving and/or consuming alcohol, nudity (no pasties and/or body painting) and personal conduct. Any violations to the above mentioned are subject to ejection for the expo premises, loss of expo services, fines and/or police arrest.
16. The FitCon name and logo are the property of FitCon LLC and may not be reproduced without the prior written consent of FitCon LLC. Any use of FitCon, its names, trademarks, and logos, whether registered or unregistered, is strictly prohibited without prior written consent. You may submit a request seeking written consent by emailing pete@fitcon.com.
17. For the protection of the attendees, objects are not to be thrown into aisle ways.
18. Exhibitor, at its sole cost and expense, shall maintain for the benefit of Management and its affiliates and their respective successors and assign the insurance policies indicated below. Such policies shall be in a form reasonably acceptable to Management, from an insurance company reasonably approved by Management, without exclusions, and shall name: FitCon LLC as certificate holder, Gaylord Palms and each of their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, agents, owners, shareholders, and employees with respect to the conduct of the named insured(s) in or about the property of Osceola County, Florida as additional insureds and loss payee to the extent of their interest, as applicable (collectively, the “FitCon Additional Insureds”). All policies shall include a Waiver of Subrogation by the respective insurer in favor of the FitCon Additional Insureds. Exhibitors shall obtain and maintain at a minimum, per the insurance requirements of Management. Concurrently with Exhibitor’s execution and delivery of this Agreement, Exhibitor shall supply Management with a certificate of insurance evidencing the additional insured status of the FitCon Additional Insureds on Exhibitor’s policies, and such certificate of insurance shall not exclude participant liability coverage. By completing and submitting this application, compliant general liability insurance, per Management requirements, can be provided free of charge upon request for expo only. If the exhibitor will be providing their own compliant insurance it must be submitted to FitCon. Please understand that exhibitors will still be required to submit a certificate of insurance for worker's compensation insurance to be fully compliant.
a) Comprehensive general liability insurance and/or excess umbrella liability policy with limits not less than $1,000,000 per occurrence and a $2,000,000 policy aggregate, which shall contain coverage parts for blanket contractual, broad form property damage, third party property damage, severability of interest, and primary, not contributing coverage.
b) Comprehensive automobile liability and non-ownership automobile liability insurance with a bodily injury/property damage limit not less than $2,000,000.
c) Workers' compensation insurance with statutory limits and employer’s liability limits not less than $500,000.
d) Commercial umbrella insurance with policy limits not less than $1,000,000
e) Participant liability coverage.
In the event that the general liability policy contains a care, custody or control exclusion Exhibitor shall also include third party property damage coverage with a limit not less than $2,000,000.
19. Any Exhibitor who wishes to have an event inside their booth during FitCon hours MUST submit in writing a description of their event for approval by Show Management. If the event is approved, the exhibitor must also create and submit a liability waiver releasing all additional insureds of any risk and liability associated with said event.
20. Exhibitor will indemnify, defend and hold harmless Management, and each of their respective parent, subsidiary and affiliated corporations and each of their respective directors, officers, employees, agents, successors and assigns, from and against any and all claims, damages, liabilities, losses, fines, government proceedings and reasonable costs and expenses, including reasonable attorneys’ fees and costs of suit, in any way related to this Agreement, or Exhibitor’s participation in the Exposition. This provision will survive termination of this Agreement for any reason.
21. All exhibitors who wish to have an auto, motorcycle, trailer or any other vehicle etc., inside their booth must submit their request in writing for show management & fire marshal approval. All vehicles are subject to a spotting fee from the official decorating company.
22. Exhibitors are not permitted to disperse literature or products that make reference to steroids, HGH etc. or enhancement ability that is related to any illegal substance. No references may be made about enhancement of sexual pleasure, endurance or any product marketed as aphrodisiacs. All literature must be appropriate for a high school and younger audience.
23. No catalogs may be distributed that reflect items that are not legal for sale to individuals under the age of 18 in the United States and must follow the laws as set forth by the state of Nevada. Any “questionable” items must be pre-approved by the promoter prior to the weekend.
24. No nudity or costumes that would be considered inappropriate for small children will be permitted by Exhibitor and/or booth staff.
25. Exhibitors who wish to play music inside their booth may do so, but it must not interfere with surrounding booths. Music must not have any sexual references and/or profanity. Two warnings will be issued for music being played at a level deemed unacceptable by management. A third offense will result in Exhibitor’s power supply being turned off for the day.
26. Booth boundaries – Exhibitors are required to stay within the designated limits of assigned booth space. No standing or exhibiting in the aisle space or soliciting throughout the expo hall.
27. Absolutely no standing on tables or chairs!
28. Giveaways and samples must not be thrown or tossed from a booth into the crowds, but rather handed or passed to the attendees from within the exhibitor booth space.
29. Lines for autographs, pictures and handouts cannot block walkways.
30. Only items that comply with the laws of the state of Florida, as well as the FDA, can be sold, displayed, or advertised at the show in literature or catalogs to be disbursed.
31. Each Exhibitor is solely responsible for acquiring the approval and/or rights, trademarks etc. to the products that are to be sold inside their booth space at FitCon. FitCon LLC will not be held legally responsible for any trademark, copyright etc. infringements and/or lawsuits due to product/service being sold/sampled inside the exhibitor booth.
33. Exhibitor badges are for booth staff only. Failure to comply with these regulations will result in penalty and possibly prohibition from exhibiting in the future.
34. All Exhibitor services must be performed by the designated service contractors. See the union regulation statement in the Exhibitor Service Kit or contact pete@fitcon.com for additional information.
35. Exhibitors may only move-in or move-out their own materials to their expo booth provided that they can be hand-carried by one person, in one trip, without the use of dollies, carts, hand trucks, or any other equipment. If Exhibitor chooses to hand-carry their items to their booth, they will not be permitted to access the loading dock. Instead, the items must be carried through the main expo hall entry doors and all venue regulations must be followed.
36. All consumable items must be approved by Gaylord Palms in advance. The proper “Sampling Approval & Liability” form must be submitted and approved in order to exhibit consumable items. Food samples are limited to 3 oz or less and drink samples are limited to 4 oz or less. Samples are restricted to food and beverage products that are manufactured and distributed by exhibiting companies.
37. Any Exhibitor doing LIVE/WET sampling of consumable items must use disposable gloves for preparation and have hand sanitizer available in the exhibit booth. If the use of cooking equipment is necessary to prepare samples, then the Exhibitor must be compliant with the venue’s rules and fire marshal requirements. The Gaylord Palms and the fire marshal will need to approve the equipment. Fire safety watch and extinguisher may be required at an additional fee.
38. Distributing or selling FULL-SIZED consumable products are prohibited by the venue, however, there may be exceptions that must be approved in advance, in writing to pete@fitcon.com, and a waiver fee may apply.
39. Exhibitors selling taxable goods or services on site must collect Florida’s state sales tax at the rate of 6.5% (subject to change). Exhibitors must register as a dealer with the Florida Department of Revenue at https://taxapps.floridarevenue.com/taxregistration prior to the event and make payment directly to them.
41. For exhibitors with AUDIO VISUAL needs, please contact pete@fitcon.com for further information. Restrictions may apply.
