This agreement is by and between COLOUR HAIKU Poster and Art Festival owner Invisible Industries LLC., (“Colour Haiku, CH, Show,”) and (“Exhibitor”).
It does not constitute a rental of space but constitutes only a revocable license to use table space on the terms and conditions in this Agreement.
Colour Haiku agrees to allow Exhibitor to use table space at the poster show known as the Colour Haiku, poster and art festival 2023 (the “Show”) scheduled to take place on September 16, 2023, at the Pomona Fox Theater (“FT”), located at 301 South Garey Avenue Pomona, California 91766, during show hours. Space use by exhibitor is dependent on receipt of full payment for the space in advance. Exhibitor agrees to display and sell their merchandise on the day of the show.
Use and Maintenance of Space / Rules and Regulations – Exhibitor agrees to use table space for the purpose of the exhibition and sale of merchandise, to keep such space open for exhibition and sale during the hours that the Show is open. Exhibitors must comply with all local, state, and federal laws. Exhibitor agrees to maintain the table space in a clean and attractive manner and to abide by all fire, health, safety and other laws and regulations applicable to the use of such space. Exhibitor further agrees to abide by the rules and regulations announced by CH for the conduct and character of the Show and exhibits within the Show. Required table cloths and poster clips are not included as part of the purchased space.
Warranties – As part of this Agreement, Exhibitor warrants and agrees as follows: (1) Exhibitor will not advertise or otherwise make any misrepresentation to anyone regarding the age, origin or authenticity of any item for sale; (2) Exhibitor will disclose any information known to exhibitor about the age, origin or authenticity of any item exhibited for sale upon reasonable request for such information; (3) Exhibitor is solely responsible for misrepresentations, whether negligently or intentionally made, regarding the age, origin or authenticity of any item exhibited for sale, and is fully responsible for obtaining all rights, permissions, licenses and clearances necessary for the use of any and all intellectual property, including copyrights and trademarks, in connection with any exhibited item created by exhibitor.
Termination – Exhibitor agrees that CH has the sole right to terminate this Agreement at any time for any reason deemed appropriate by CH. CH shall further have the right to remove furnishings, equipment, merchandise, etc. of such exhibit from the premises immediately.
Table Assignment / Employees and Agents – Table assignments are at the sole discretion of CH, and Exhibitor agrees to accept the table assigned. Exhibitor agrees to supply CH in advance of the Show with the names of all employees, agents or persons that will be working in or using the table space.
Assumption of Risk / Indemnification – Exhibitor assumes the risk of any breach, loss, damage or theft to its property or to any person on or about the booth space in its employ or at its authorization or invitation. CH and FT shall not be responsible for any such loss. Exhibitor agrees to indemnify and hold harmless CH and FT for any and all losses, injuries, lawsuits or other claims arising out of or connected with its use of the table space, any exhibit at such space or any sale of merchandise at the Show. Should a claim be brought against CH and/or FT, Exhibitor agrees to defend CH and/or FT at Exhibitor’s cost.
Assignments – Exhibitor agrees that it will not assign the Agreement, or any benefits or obligations of the Agreement without prior written consent of CH. Any attempted assignment in violation of this provision shall be void.
No Partnership – Nothing contained in this Agreement shall constitute a partnership or joint venture between Exhibitor and CH. Neither party shall be deemed an agent or employee of the other.
Arbitration of Disputes – Exhibitor agrees that should there be a dispute between Exhibitor and CH and/or FT arising out of this Agreement or a claim made arising out of the Exhibitor’s use of their table space for the purposes of the exhibition and sale of merchandise as set forth in this Agreement, it will be decided by neutral, binding arbitration and not by Court action. This arbitration shall be conducted in accordance with and in a manner authorized by the laws of the State of California on arbitration. The losing party shall pay all costs and fees of the arbitration including the cost and fees of the opposing parties.
Miscellaneous – This agreement shall be binding upon and shall inure to the benefit of the heirs, personal representatives and successors in interest of the parties hereto. Headings are for convenience only and not for use in interpretation of the Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity of any remaining provisions. No waiver by CH of any default of any of the terms and conditions of this Agreement shall be construed or operate as a waiver of any subsequent default of any of the terms and conditions. CH reserves the right to change, alter, or revise the rules and regulations as it deems necessary at our sole discretion. In addition, a hard copy will be provided for a physical signature on the day of the event to be signed before admittance.
By signing and submitting this application, you confirm that you are the legally responsible party (18 or older / parent / guardian) and have read the following and understand, agree to, and will comply with, all rules, regulations, specifications, and submissions, incorporated herein, in their entirety. By typing your name in the field below, and submitting this form electronically, you affirm that you understand that your electronic signature is considered legally binding, and will be the legal equivalent as signing your physical signature by hand.
I have read and agreed to the above terms and conditions.
Please fill out the form below and submit to book your booth.