CONTRACT AGREEMENT
Last Updated: April 11, 2023
1. Introduction: These Terms & Conditions (“Agreement”) outline the terms under which you (“Exhibitor”) register with Megamix Expo Inc. (“Organizer,” “we,” “us,” or “our”) to exhibit at Megamix Expo or Build Smart Contractor’s Expo events, whether held virtually or at a physical venue (“Event” or “Events”). By registering, you agree to comply with this Agreement, your executed Exhibitor Contract, and any supplemental documents (including the Exhibitor Handbook).
2. Event Details: Events are business-to-business trade shows designed for business owners, entrepreneurs, and industry professionals. Each Event’s date, time, and location (virtual or physical) are specified in your Exhibitor Contract and may be updated by Organizer as needed. All activities associated with Megamix Expo or Build Smart Contractor’s Expo, including pre- and post-conference activities, are considered part of the Event.
3. Communications & Information Sharing: By providing personal information to Organizer or using our services, you consent to receive communications via automated technology, including calls, texts, emails, and postal mail, for marketing, reminders, and other purposes. Organizer may share your contact information with select third parties for business purposes, but is not responsible for their use of that information. You may opt out of automated communications at any time by contacting us.
4. Registration & Modifications: By registering as an Exhibitor, you confirm you are at least 18 years old and authorized to act on behalf of your organization. Organizer may update exhibitor policies at any time and will notify you of changes. Continued participation indicates acceptance of new policies.
5. No Guarantees: Organizer makes no guarantees about Event attendance, demographics, or business outcomes. Estimates are based on prior similar Events, but results are not promised. No assurances are given regarding the effectiveness of any services or contact lists provided.
6. Deadlines: If you purchase a promotion and fail to provide necessary materials by the stated deadline, Organizer is not liable for missed opportunities and is not obligated to offer refunds or credits.
7. Fees & Payments: Participation is contingent upon full payment of all applicable fees (“Exhibitor Fees”). Payments may be made by zelle, venmo, credit card, PayPal, check, ACH, or wire transfer. By providing payment information, you authorize Organizer to process all payments as they become due.
8. Refunds, Cancellations & Chargebacks: **All sales are final. No refunds, cancellations, or chargebacks are permitted ** We understand that plans can change. That’s why we offer the following options for exhibitors:
- Credit Option: If you need to cancel less than 30 days before the event, and your booth fee has been paid in full, we will provide a credit for 100% of your booth fee toward a future Megamix Expo or Build Smart Contractor’s Expo event. You must reserve your booth using this credit within one year from the original payment date. Failure to do so will result in forfeiture of the credit. Please note, no refunds or credits will be issued for partial payments toward your exhibitor booth.
- Substitutions: You may transfer your booth to a colleague or another company at no additional charge, with prior written approval.
- Force Majeure: If the Event is canceled or postponed due to circumstances beyond our control, you will receive a full credit (valid for one year) toward a future Event of your choice.
We’re committed to working with you to ensure a positive experience, even if your plans change
9. Exhibitor Responsibilities: You are solely responsible for obtaining all necessary licenses, permits, and tax IDs, and for paying all related taxes and fees. You are also responsible for any costs incurred by Organizer in collecting overdue payments, including legal fees and interest.
10. Exhibit Space & Location: Organizer determines the eligibility of exhibitors and the allocation of exhibit space. Exhibit locations may be changed at Organizer’s discretion without compensation. You are responsible for your materials at all times.
11. Available Services: On behalf of the exhibitors, Operations Team has designated official Exhibition contractors to provide the following: signs, photographs, Tradeshow and event printing services. Contractors and rates will be listed in the Exhibitor Service Package to be issued separately. Operations Team assumes no responsibility or liability for any of the services performed or materials delivered by the foregoing persons, parties and organizations. Arrangements for these services and payments are to be made between exhibitors and official Exhibition contractors.
12. Protection of Facilities: Nothing shall be posted on, or tacked, nailed, screwed, or otherwise attached to the walls, floors, or other parts of the venue exhibit area without permission from the proper building authority. Fluids, caustic or staining, must not be used where they may damage floor coverings. Packing, unpacking and assembly of exhibits shall be done only in designated areas and in conformity with the directions of the Operations Team, the venue manager or their assistants.
13. Installation and Dismantling: The specific requirements as to time for installation and dismantling of exhibits shall be set forth in the Exhibitor Service Package supplied to each exhibitor for the particular MegaMix Expo. Such requirements shall be binding upon Exhibitor as though fully set forth in this Contract.
14. Sponsorships: If you become a sponsor, additional terms may apply as outlined in a separate sponsorship agreement.
15. Conduct & Non-Solicitation: Exhibitors and their representatives must comply with all applicable laws and maintain professional conduct.
16. Expo Confidentiality: Participation in the internal decision-making processes of the Megamix Expo—including but not limited to logistics, operations, venue selection, floor plan design, exhibitor placement, event scheduling, and security planning—is strictly limited to the Exhibitor and the Megamix Expo operational team. No third party may be involved in these matters without prior written approval from both parties.
Should an Exhibitor wish to engage a third party in any aspect of their Expo participation, a formal written request must be submitted to the Megamix Expo operational team. The team will review each request and, at its sole discretion, determine whether to grant permission for third party involvement.
Any third party authorized by the operational team must execute a written agreement to maintain the confidentiality of all Expo-related information received. This includes, but is not limited to, venue layouts and specifications, exhibitor data, event schedules and programming, attendance figures, and security protocols. Unauthorized disclosure of confidential Expo information by an Exhibitor to any third party without written consent may result in immediate forfeiture of the Exhibitor’s right to participate in the Expo without refund. The Exhibitor may also be held responsible for any damages resulting from such unauthorized disclosure.
17. Business Verified License: If you purchase a Business Verified license, you receive a limited, non-transferable license for internal business use only, in compliance with all applicable laws. No guarantees are made regarding results, and no refunds are provided.
18. Email Blast Services: If you purchase email blast services, Organizer will send campaigns on your behalf. No guarantees are made regarding results, and no refunds are provided.
19. Music Licensing: You are responsible for securing appropriate licenses for any copyrighted music performed at your booth or event space.
20. Special Requests: Any special requests (e.g., accessibility accommodations) must be submitted in writing at least ten (10) days before the Event.
21. Third-Party Services: Organizer is not responsible for your dealings with third-party vendors or service providers. Additional purchases (e.g., power, internet, labor) are subject to these Terms & Conditions, and no refunds or chargebacks are allowed.
22. Platform & Content: For virtual events, Organizer owns all content on the event platform, except for content you upload (“Your Content”), which remains your property.
23. Your Content: You are responsible for ensuring your content does not infringe on others’ rights and for paying any associated royalties or fees.
24. Content Review: Organizer may, but is not obligated to, review or remove any content at its discretion.
25. Intellectual Property: All content and branding related to the Event is owned by Organizer unless otherwise specified. You grant Organizer a license to use your branding for promotional purposes.
26. Trademarks: All Organizer trademarks, including “Megamix Expo” and “Build Smart LA,” are property of Megamix Expo Inc. You grant Organizer permission to use your trademarks as needed for the Event.
27. Disclaimer & Limitation of Liability: Your participation is at your own risk. Organizer is not liable for any loss, damage, or adverse consequences, except as limited by law. Maximum liability is limited to the lesser of half the fees paid or $1,000.
28. Indemnification: You agree to indemnify and hold Organizer harmless from any claims, damages, or expenses arising from your participation or breach of this Agreement.
29. Insurance an Liability: You are required to maintain general liability insurance for all physical Events, naming the Organizer and the venue as additional insureds. The Organizer does not insure your property. Exhibitors are fully responsible for any and all injuries to persons or damage to property—including damage to venue facilities or the property of any third party—that result from any act or omission of the Exhibitor, its officers, directors, managers, employees, contractors, guests, or agents.
It is strongly recommended that Exhibitors also carry insurance to cover the loss of, or damage to, their exhibits or other personal property while such property is located at, or in transit to or from, the MegaMix Expo site. While MegaMix Expo provides security personnel as a courtesy to exhibitors, the Operations Team assumes no responsibility for any loss, damage, or injury to any property of the Exhibitor or to any of its officers, agents, employees, guests, or contractors, whether due to accident, fire, theft, or any other cause.
The Exhibitor expressly agrees to indemnify and hold harmless MegaMix Expo, its subsidiaries and affiliates, and each of their officers, directors, owners, contractors, Operations Team, agents, and employees from any and all claims, liabilities, and losses for injuries to persons (including death) or damage to property arising in connection with the event or the Exhibitor’s use of the exhibit space, except in cases where such losses are the direct result of the gross negligence of MegaMix Expo.
30. Notices: All communications must be in writing and sent to Organizer at the address provided in your Exhibitor Contract, with a copy by email.
31. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice-of-law principles. The parties agree that any dispute arising under or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the state courts located in Los Angeles County, California, and the federal courts of Southern California.
The Exhibitor irrevocably and unconditionally submits to the jurisdiction of these courts, waives any objection to the laying of venue in such courts, and further waives and agrees not to plead or claim that any action or proceeding brought in these courts has been brought in an inconvenient forum.
32. Dispute Resolution: Any disputes will be resolved by binding arbitration in California. No class actions are permitted. The prevailing party may recover legal fees.
33. Claims Deadline: Any claims must be filed within one (1) year of their occurrence.
34. Force Majeure: Organizer is not liable for delays or cancellation due to events beyond its control, including natural disasters, government actions, or pandemics.
35. COVID-19 Disclaimer: You acknowledge the risks of COVID-19 and agree to follow all safety guidelines. Organizer is not responsible for any illness or related claims.
36. Non-Disparagement: You agree not to disparage Organizer or its affiliates.
37. Miscellaneous: This Agreement is the complete and exclusive agreement between you and Organizer regarding your participation. Section headings are for reference only. If any provision is unenforceable, the remainder remains in effect. Certain sections survive termination as necessary.
Contact: For questions, contact Megamix Expo Inc. at (626) 869-2396 or [email protected].