Terms and Conditions
Bourbon at Belmont Festival 2023 Exhibitor Terms & Conditions
- CONDITIONS. All matters not covered by these rules and regulations are subject to the decision of Starfish Junction. All decisions so made shall be as binding on all parties as the original rules. The exhibiting company and its representatives are responsible for familiarizing themselves with the rules and regulations. Those who fail to observe these rules may be excluded from the festival without refund. Starfish Junction may, at any time, amend or add further rules to these rules, and all amendments made shall be binding on exhibitors equally with the foregoing rules.
- ELIGIBILITY & ASSIGNMENT OF SPACE. Starfish Junction has the sole right to determine the eligibility of any company or product for inclusion in the festival. Space Includes one standard exhibit booth measuring 10’x10’, one 6 foot table; Additional rentals or larger space must be ordered in advance. The rate agreed upon is for your entire participation in this festival. Booth location is not guaranteed.Starfish Junction reserves the exclusive right to arrange/revise the floor plan and/or relocate any exhibit in the best interests of the festival.
- EXHIBITOR SERVICES.Extra items of service, electric and/or equipment that are not included in the booth charge, may be obtained from Starfish Junction by request in advance.. Exhibitors shall be solely responsible for additional payment therefore. The Exhibitor agrees to abide by the rules and procedures established by the host facility.
5.SUBLEASING. Exhibitor may not sublet their exhibit space, nor any part thereof, nor exhibit, offer for sale, or advertise articles not manufactured or sold by the exhibiting company, except where such articles are necessary for proper demonstration or operation of the exhibitor’s display, in which case identification shall be limited to the manufacturer’s normal regular nameplate.
- OCCUPANCY. Any exhibitor failing to occupy space contracted for shall not be relieved of the obligation of paying the full agreed upon rental charge of such space. If space is not occupied by 11am on the first day of the festival, it will be considered forfeited and taken by Starfish Junction for use, reallocation or reassignment as Starfish Junction may see fit.
7.CANCELLATION OR CHANGE BY PRODUCER. In the event that the premises in which the festival is conducted should become unfit for occupancy or substantially interfered with by reason of any cause or causes not reasonably within the control of Starfish Junction or its agents, the festival may be canceled or moved to another appropriate location, at the sole discretion of Starfish Junction. Starfish Junction shall not be responsible for delays, damage, loss, increased costs, or other unfavorable conditions arising by virtue of cause or causes not reasonably within the company’s control. Causes for such action beyond the control of Starfish Junction shall include, but are not limited to: fire, casualty, flood, epidemic, earthquake, explosion, accident, blockage, embargo, inclement weather, governmental restraints, act of a public enemy, riot or civil disturbance, impairment or lack of adequate transportation, inability to secure sufficient labor, technical or other personnel, labor union disputes, loss of lease or other termination by the host facility, municipal, state or federal laws, or act of God. Should Starfish Junction terminate this agreement pursuant to the provisions of this section, the exhibitor waives claims for damage arising therefrom. Refunds of “Paid Exhibit Space Fees” in the event of event termination or cancellation shall be made to exhibitors at the sole discretion of Starfish Junction and in any case, will not exceed the amount of each exhibitor’s paid exhibit space fee less any pro rated adjustments based on
non-reimbursable direct and/or indirect event costs or financial obligations incurred by Starfish Junction through the date of exhibitors’ notification of event termination or cancellation or through the completion of event termination or cancellation processes, whichever is later.
8.CANCELLATION BY EXHIBITOR. The exhibiting company recognizes that Starfish Junction will sustain losses in the event the company fails to provide timely notice of cancellation. These losses are not inclusive of the inability to replace those canceling, advertising, redesigning of floor space, and others. Exhibitor agrees upon the following late cancellation assessment schedule as considered liquidated damages. Notice of cancellation must be submitted in writing. The first $200 of exhibitor payment is a non-refundable service charge and will not be returned under any circumstances. Cancellations received on or after 30 days prior to the event obligates the exhibitor to full payment of the rental. No refunds will be made after this date. Cancellations, in writing, that are 91+ days in advance of the event will receive a 75% refund, 61-90 days will receive a 50% refund, 31-60 days will receive a 25% refund. In the event of cancellation, management shall have the right to arrange such space as necessary for uniformity of booths in the exhibit hall.
9.LIMITATION OF LIABILITY. Exhibitor agrees to make no claim for any reason whatsoever against Starfish Junction, its employees, agents, sponsors, partners or representatives for loss, theft, damage, or destruction of goods; nor for any injury, including death, to himself, employees, agents or representatives; nor for any damage of any nature, including damage to his business for failure to provide exhibit space; nor for failure to hold the festival as scheduled; nor for any action or omission of Starfish Junction. The exhibitor is solely responsible for his own exhibition material and products, and should insure exhibit and products from loss or damage from any cause whatsoever. It is understood all property of an exhibitor is in his care, custody, and control in transit to, or from, or within the confines of the exhibit hall. Starfish Junction shall bear no responsibility for the safety of the exhibitor, its personnel, employees, agents or representatives or personal property.
10.INSURANCE. Exhibitors shall, at their sole cost and expense, procure and maintain through the term of this contract, the following insurance: Comprehensive General Liability insurance with limits not less than $1 million each occurance/$2million aggregate; Contractual Liability and Products Liability coverage and Workman’s Compensation in full compliance with all laws covering the exhibitor’s employees; $1,000,000 Liquor Liability coverage from an A rated insurance company; and name Starfish Junction as an additional insured.
- INSTALLING, EXHIBITING, DISMANTLING. Hours for installing, exhibiting, and dismantling shall be those specified by Starfish Junction. Displays and demonstrations are limited to the confines of an exhibitor’s own booth, as is the distribution of literature or other items. Exhibitors with special backgrounds or side dividers must make certain that such material is furnished in such a manner as to not be unsightly to exhibitors in adjoining booths. Placement of large equipment in the exhibit hall is subject to approval and advance arrangement by the host facility, Starfish Junction, and local fire department. Starfish Junction reserves the right to request the elimination of disruptive noise. Exhibitors are expected to be considerate of their neighbors and respect their ability to conduct business. Exhibitors may not break down displays prior to the official festival closing time. Any exhibitor that begins breakdown prior will be subject to a $150 fine, and risk future exhibition with the festival. Exhibit material left on the festival premises after the specified conclusion of the dismantling period set by Starfish Junction will be considered abandoned and discarded.
12.DAMAGE TO PROPERTY. Exhibitors are liable for any damage caused by exhibitor, exhibitor’s agents, employees or representatives to building floors, walls, or columns, or to standard booth equipment, or to other exhibitor’s property. Exhibitors may not apply paint, lacquer, adhesive, stickers, or other coatings to building columns, floors or walls, or to standard booth equipment. Venue repair fees will be the sole responsibility of the exhibitor should there be damage in the exhibitor’s reserved space caused by the exhibitor or its agents.
13.BOOTH PERSONNEL. Exhibitor representatives are restricted to personnel engaged in the display, demonstration, application or sale of the company’s product or services. Booth personnel shall wear “exhibitor” badge identification furnished by Starfish Junction at all times while they are at the festival. All other employees and representatives of exhibiting companies must register as festival attendees. Starfish Junction reserves the right to restrict or limit the number of booth representatives. All exhibits must have personnel present during show hours. All interviews, demonstrations, solicitations, and other activities must be conducted so as to not infringe on the rights of other exhibiting companies or offend visitors to the festival.
14.COMPLIANCE. Exhibiting companies agree to comply with all federal, state, and local laws and ordinances applicable to the space leased and also with such rules and regulations as deemed necessary by the exposition facility and/ or Starfish Junction. Exhibitors must be in full compliance with the Americans with Disabilities Act. (ADA)
15.ENTIRE AGREEMENT. Starfish Junction and the exhibitor agree that this registration form sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein which are to be considered binding upon the parties. This agreement supersedes all other communications between Starfish Junction and the exhibitor pertaining to the rental or use of said booth(s), whether written or oral. None of the provisions, rules, or regulations contained in this agreement may be added to, or modified, superseded or otherwise altered except by written instrument executed by the parties hereto. Venue for any and all legal action necessary to enforce the agreement will be in the State of New York, where all laws, ordinance and rules prevail.
16.SAFETY: An inherent risk of exposure to COVID-19 and other variants exists in any place where people gather. In an effort to provide the safest live experience for all, the event will follow, encourage and enforce when necessary current CDC recommendations, including frequent hand washing; social distancing where possible; and wearing masks regardless of vaccination status. Due to the ever-changing circumstances surrounding COVID-19 and other variants, the event status and admission requirements are subject to change.
As a vendor/sponsor/participant you accept all risks and adhere to the published rules in order to attend the festival on event day. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Starfish Junction Productions, LLC, its partners, its sponsors, and venue hosts.