THE GOLDEN YEARS EXPO
Terms and Conditions
IMPORTANT NOTICE: THIS CONTRACT REQUIRES BINDING ARBITRATION AND INCLUDES A WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS. PLEASE REVIEW THE “ARBITRATION; WAIVER OF CLASS AND COLLECTIVE ACTIONS” SECTION CAREFULLY.
Overview
The individual signing this Contract for Exhibit Space Rental (“Contract”) on behalf of Exhibitor affirms and guarantees that the entity listed in "Buyer" is duly organized and validly existing, and that it is actively involved in the promotion and sale of the products and/or services they described. The Exhibitor further acknowledges that the leased space is intended exclusively for commercial use and that it is neither a consumer nor acting in any consumer capacity.
To secure exhibit space at the show identified at the beginning of this Contract for Exhibit Space Rental, the agreement must be completed and signed by a duly authorized representative of the Exhibitor. The Exhibitor must then submit the executed Contract by one of the following methods: (i) electronic signature via a provided electronic signature program; (ii) printing, signing, scanning, and emailing it to a representative of The Expo Group or to info@thegoldenyearsexpo.com; (iii) printing and mailing it to The Expo Group, LLC, 200 Columbine St, Denver, CO 80206. Following The Expo Group’s receipt of the executed Contract, table space will be allocated to the Exhibitor at The Expo Group’s discretion. The Expo Group retains the sole and absolute right to determine exhibitor and exhibit eligibility for the show, including the authority to restrict, decline, or prohibit any exhibitor or exhibit it deems objectionable. The Expo Group also reserves the right to modify the floor layout and/or reassign table locations prior to the show if it determines such changes are in the best interests of the event. The Expo Group reserves the right, in its sole discretion, to cancel, reassign, or withhold access to Exhibitor’s table space without refund if Exhibitor fails to make timely payment. Exhibitor agrees to provide a copy of their General Liability Insurance to Expo Group at least 1 week prior to the event date. Exhibitor shall remain liable for all amounts due under this Contract and shall be responsible for all costs of collection, including reasonable attorneys’ fees and expenses. All amounts due under this Contract are non-cancellable and shall accrue interest if unpaid at the rate of 1.5% per month (or the maximum permitted by law), from the date due until paid.
Use of Space & Exhibitor’s Responsibilities
Exhibitor agrees that its use of the table during the show will be limited solely to the promotion, display, sale, or distribution of the products and services identified in Section 3. The table space may not be assigned, sublicensed, leased, or shared with any third party. All exhibits must conform to the size limitations and requirements set forth in the exhibitor manual. Exhibitor may not operate or use music, audio equipment, televisions, or any other sound-generating devices, including speakers, without the prior written consent of The Expo Group. Up to 3 exhibitors are permitted per table. Exhibitor shall staff and maintain its table during all show hours. Failure to do so may result in removal without refund and restriction from future events. Exhibitor agrees to adhere to all applicable laws, rules, and regulations imposed by any governmental or regulatory authority with jurisdiction over the show. Exhibitor shall be solely responsible for any labor, equipment, or services it requests or utilizes. Failure of Exhibitor to attend the show will not entitle Exhibitor to any refund.
Exhibitor agrees to comply with all rules, regulations, and requirements set forth in this Contract and any instructions provided by The Expo Group. The Expo Group reserves the right, in its sole discretion, to restrict, remove, or eject any exhibit, exhibitor, or personnel at any time if it determines that Exhibitor has violated this Contract or is conducting itself in a manner deemed objectionable, disruptive, unsafe, or not in the best interests of the show. In such event, Exhibitor shall not be entitled to any refund or credit. The Expo Group may, in its sole discretion, remove any exhibitor, exhibit, or personnel from the event at any time, with or without cause, and without refund. Additionally, if exhibitor fails to provide any documentation requested by the Expo Group, LLC at least 14 days before the event date, Expo Group, LLC reserves the right to revoke exhibitors booth without refund.
To ensure a safe, professional, and successful event experience for all attendees, vendors are responsible for providing all materials necessary for their booth setup, including but not limited to: marketing materials, brochures, flyers, business cards, and promotional items, swag, giveaways, and product samples, booth décor, displays, signage, backdrops, and demonstration materials, extension cords, power strips, and gaffer tape (if electrical access is required), a professional table linen that fully covers the table and conceals the table legs and any stored materials beneath the table.
In addition to any other remedies available, Exhibitor acknowledges that a breach of this Contract would cause The Expo Group damages that are difficult to quantify. Accordingly, in the event of any breach by Exhibitor, The Expo Group shall be entitled to retain all amounts paid under this Contract as liquidated damages, as a reasonable pre-estimate of damages given the difficulty of calculating actual damages, including without limitation lost revenue opportunities, administrative costs, and disruption to event planning, and not as a penalty.
Limitation of Liability; Assumption of Risk
To the fullest extent permitted by applicable law, The Expo Group shall have no liability whatsoever for any loss, theft, damage, or destruction of Exhibitor’s property or for any injury, loss, or damage sustained by Exhibitor or its employees, agents, contractors, invitees, or guests in connection with the show, regardless of cause. Exhibitor expressly assumes all risks associated with its participation in the show, including, without limitation, risks arising from the condition of the venue, other exhibitors, attendees, or any third parties. The Expo Group does not provide insurance coverage for Exhibitor or its property.
In no event shall The Expo Group be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including, without limitation, lost profits, loss of business opportunity, or business interruption, whether based in contract, tort, strict liability, or otherwise, and regardless of whether such damages were foreseeable or The Expo Group was advised of the possibility of such damages.
Without limiting the foregoing, the total and aggregate liability of The Expo Group arising out of or relating to this Contract or the show shall be strictly limited to the total table rental fees actually received by The Expo Group from Exhibitor. This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and regardless of the legal theory asserted.
Without limiting any of the foregoing, The Expo Group shall have no liability for any claims relating to reputational harm, loss of goodwill, or any alleged failure to achieve expected attendance, traffic, exposure, sales, or other results from participation in the show. The Expo Group makes no guarantee regarding the number or identity of exhibitors participating in the event. The Expo Group makes no representations, warranties, or guarantees regarding the number of attendees, attendee demographics, or the level of traffic, exposure, or results that Exhibitor may experience at the event, and Exhibitor assumes all risk related thereto. Exhibitor assumes all risk related to the commercial success of its participation in the event.
Exhibitor agrees that any recovery shall be limited solely to direct damages, subject to the limitations set forth herein.
Indemnification
Exhibitor shall indemnify and hold harmless The Expo Group and its parent companies, affiliates, subsidiaries, successors, assigns, and each of their respective officers, directors, members, managers, employees, agents, contractors, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses (including, without limitation, attorneys’ fees, expert fees, and costs of investigation and enforcement) arising out of, relating to, or in connection with: (i) Exhibitor’s participation in the show, including without limitation the installation, use, operation, maintenance, occupancy, or removal of its table, equipment, materials, or personnel; (ii) any act, omission, negligence, strict liability, or willful misconduct of Exhibitor or any of its employees, agents, contractors, invitees, guests, or representatives; (iii) any actual or alleged infringement, misappropriation, or violation of any intellectual property or proprietary rights arising from Exhibitor’s products, services, marketing, or activities; (iv) any injury to or death of any person, or damage to or loss of property, caused in whole or in part by Exhibitor or its representatives; or (v) any breach or alleged breach of this Contract by Exhibitor.
Exhibitor’s indemnification obligations shall apply regardless of whether any claim is caused in part by the negligence (whether sole, joint, concurrent, active, or passive) of any Indemnified Party, except to the extent resulting from the gross negligence or willful misconduct of such Indemnified Party, to the extent such limitation is not prohibited by applicable law.
Exhibitor waives any and all rights of recovery against the Indemnified Parties for losses covered by insurance, whether or not such insurance is actually maintained. The obligations set forth in this Section shall survive the expiration, cancellation, or termination of this Contract.
Cancellation, Rescheduling, or Relocation of Event
Exhibitor may cancel its participation only by providing written notice to The Expo Group. In the event of such cancellation, Exhibitor shall remain responsible for the full contract amount; however, upon payment in full, The Expo Group shall issue Exhibitor a credit (in lieu of a refund) that may be applied toward participation in a future Expo Group event. Credits never expire and can be applied whenever you’re ready to participate in a future event.
The Expo Group reserves the right, in its sole discretion and for any reason, to cancel the event. In such case, Exhibitor shall be entitled to a full refund of amounts actually paid to The Expo Group for table space. The Expo Group may also, in its sole discretion, reschedule the event or relocate it. If the event is rescheduled to occur within sixty (60) days of the originally scheduled date, or relocated to a venue within a fifty (50) mile radius of the original location, Exhibitor shall retain the right to participate in the rescheduled or relocated event (subject to space availability and The Expo Group’s floor plan discretion) and shall not be entitled to any refund. If the event is rescheduled beyond sixty (60) days from the originally scheduled dates or relocated to a venue more than fifty (50) miles from the original location, Exhibitor shall be entitled to a refund of amounts actually paid to The Expo Group for table space. The Expo Group shall not be liable for any costs or expenses incurred by Exhibitor in connection with the show.
Payment Plans
Payment plans may be offered at the sole discretion of Organizer and are subject to review and approval on a case-by-case basis. If approved, the standard payment plan structure shall consist of a non-refundable initial payment equal to fifty percent (50%) of the total booth fee due upon execution of this Agreement, with the remaining fifty percent (50%) balance due no later than thirty (30) days prior to the Vendor’s first scheduled event.
As a condition of participating in a payment plan, Vendor authorizes Organizer to securely retain a valid payment method on file and to automatically charge such payment method for all scheduled installment payments on their respective due dates. Vendor agrees to maintain a valid and current payment method on file at all times.
Organizer shall not process charges in excess of the amounts expressly authorized under this Agreement unless otherwise authorized in writing by Vendor or expressly permitted under the terms of this Agreement. Vendor remains responsible for ensuring sufficient funds are available on scheduled payment dates. Failure of an automatic payment to process may result in suspension or cancellation of Vendor’s participation until the outstanding balance is paid in full.
Arbitration; Waiver of Class and Collective Actions
Any dispute, claim, or controversy arising out of or relating to this Contract shall be resolved exclusively through binding arbitration conducted on an individual basis before a nationally recognized arbitration provider (e.g., AAA or JAMS), mutually agreed upon by the parties, or if the parties cannot agree, selected in accordance with such provider’s rules. The arbitration shall take place exclusively in Denver, Colorado. Class actions, collective actions, and class or representative arbitrations are expressly prohibited. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the designated arbitration provider, as modified by this provision. The arbitrator shall have no authority to consolidate claims, permit class or representative proceedings, or award any relief not expressly permitted under this Contract. Discovery shall be limited to the minimum necessary for a fair resolution, consistent with the streamlined nature of arbitration. The arbitration shall be conducted in person in Denver, Colorado; provided, however, that the arbitrator may permit remote or virtual participation for limited purposes upon a showing of good cause, taking into account the efficiency and fairness of the proceedings.
By agreeing to arbitration, each party knowingly and voluntarily waives any right to bring claims in court or to a trial by jury. As a condition precedent to initiating arbitration, the party asserting a claim must first provide written notice of the dispute to the other party. If the parties are unable to resolve the dispute informally within sixty (60) days following such notice, either party may commence arbitration in accordance with this provision. Any claim or cause of action arising out of or relating to this Contract must be brought within one (1) year after the claim accrues, or such claim shall be permanently barred, to the fullest extent permitted by applicable law.
This Contract shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any claim or dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Colorado, and the parties hereby consent to the exclusive jurisdiction and venue of such courts.
Communications Consent; Use of Automated and AI Calling Systems
By providing its contact information, including without limitation telephone numbers (including mobile numbers) and email addresses, Exhibitor expressly consents to receive communications from The Expo Group, LLC and its affiliates, agents, and service providers regarding current and future events, promotions, and related services. Exhibitor further expressly consents to be contacted using automated telephone dialing systems, artificial intelligence (AI)-driven calling systems, prerecorded or artificial voice messages, and text messages (SMS/MMS), even if such communications are made using technology that may be considered an automatic telephone dialing system under applicable law. Such communications may include marketing, promotional offers, event invitations, account-related communications, and follow-ups regarding past or future participation in Expo Group events. Exhibitor acknowledges and agrees that: (a) This consent applies to all telephone numbers provided, including business and mobile numbers; (b) Consent is not a condition of purchase, but is voluntarily provided as part of entering into this Contract; (c) Exhibitor may revoke consent at any time by providing written notice or following opt-out instructions provided in communications; (d) Standard message and data rates may apply. Exhibitor represents and warrants that it has the authority to provide such consent on behalf of the business and any provided contact numbers.
Entire Agreement; Applicable Law; Severability
This Contract, together with the exhibitor manual and these Terms and Conditions, constitutes the complete and exclusive statement of the agreement between Exhibitor and The Expo Group and supersedes all prior and contemporaneous negotiations, representations, agreements, and understandings, whether written or oral. Exhibitor acknowledges that it has not relied on any representations, warranties, statements, or projections not expressly set forth in this Contract, including, without limitation, any statements regarding attendance, attendee demographics, exhibitor participation, or the commercial success or results of the show. This Contract may be amended only by a written instrument executed by duly authorized representatives of both parties.
If any provision of this Contract is held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by law (including by modification if necessary), and the remaining provisions shall continue in full force and effect.
The parties agree that this Contract shall not be construed against either party as the drafter.
Assignment
Exhibitor may not assign, transfer, or otherwise convey this Contract, in whole or in part, without the prior written consent of The Expo Group, which may be granted or withheld in The Expo Group’s sole discretion.
Independent Contractor; No Agency
Exhibitor is and shall remain an independent contractor, and nothing in this Contract shall be deemed or construed to create any partnership, joint venture, employment, or agency relationship between Exhibitor and The Expo Group. Exhibitor shall have no authority to bind, represent, or obligate The Expo Group in any manner. Exhibitor shall be solely responsible for its own personnel, operations, and compliance with applicable laws.
Miscellaneous
The Expo Group may use Exhibitor’s name, profile, images, website content, and other publicly available information in its website, promotional materials, and advertising. The failure of The Expo Group to enforce any provision of this Contract shall not be deemed a waiver of such provision or of the right to enforce it thereafter.