The Bats Day Black Market 2008 (Please read all of this) To reserve a table, email completed form to blackmarket@batsday.net or Batsday@aol.com We are currently working on the details for the 2008 event. Please fill this out and as soon as tables become available we will contact you. -------------------------------------------------------------------------------- Contact Name: Company Name: Address: City: State: Zip: Email: URL/Website: Phone: Type of business: What will you be vending?: Terms and conditions RESERVATIONS Exhibitor agrees to pay the full amount established in the Show Reservations Form at time of submission of reservation, payable via Money Order or PayPal only, Noah Korda/Bats Day Black Market. Inspired Illusions/Bats Day Black Market will hold no booth space without advance payment in full accompanied by written acceptance of application. DISPLAY AGREEMENT Exhibitor agrees to remain open for business from 5pm to 10pm on Friday August 17th and from 12pm to 6pm on Saturday August the 18th. Set up and load in for Exhibitors is on Friday August 17th, 3pm until 5pm. LOSS LIABILITIES Exhibitor understands that Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market merely provides an environment to display products or services to persons attending the Exposition and in no way can we guarantee either precise attendance, sales, weather conditions or other conditions outside or inside the Exposition facility. Exhibitor agrees to hold harmless Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market and all representatives, sub contractors or agents including the management and staff of the DoubleTree Guest Suites (Exposition facility) from any liability for damage, loss, harm or injury to the person or any property of the Exhibitor, or any of it's officers, agents, employees or other representatives, resulting from Exhibitor's use of the Exposition facility or from theft, fire, water, acts of God, accident or any other cause including but not limited to claims arising out of any negligent or intentional act or omission of Exhibitor, any of it's officers or agents that causes or results in damage to or destruction of property of any party and/or in death or injury to persons. Neither the management of Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market nor those of the Exposition facility nor any contractors or subcontractors of either shall be obligated to obtain insurance against any such resulting acts of God, loss, damage, claim, injury or harm. Exhibitor agrees that all property of Exhibitor shall remain in the Exhibitor's custody and control in transit to or from and within the Exposition facility. SHOW FLOOR APPOINTMENTS Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market reserves the right to revise the show floor layout as deemed necessary by our management for any reason. Exhibitors and their displays shall be removed from the Exposition grounds for the benefit of the other exhibitors and attendees in the event Exhibitor or any of their representatives fail to perform faithfully by the rules set forth in this agreement as exclusively determined by the management of Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market. Any resulting losses or legal fees incurred by any party involved will be the sole liability of the Exhibitor only. No portion of any fees shall be refunded in the event of removal. REFUNDS Exhibitor agrees that upon acceptance of application that the Exhibitor has received the immediate benefits of having unique exhibition space reserved entirely for their benefit and use. Exhibitor agrees that all fees agreed to and submitted to or owed to Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market are non-refundable regardless of reason or result of loss of payments. Exhibitor will pay all costs agreed to here in any eventuality, including any reason vendor cannot display at the exposition. Exhibitor agrees to make every reasonable effort to display for both days of show, even in hardship of any type. Exhibitors who become unable to produce their display for the two days of Exposition beyond their own power may, subject to written permission from Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market in advance, sublet their reserved space to another vendor who would be subject to these same rules but would not relieve the original Exhibitor from it's contractual obligations to Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market in any form or event. If an exhibitor cannot exhibit after payment has been made, Exhibitor can get a refund if we can find a replacement for your vendor space. Once replacement is found, we will reimburse your payment less any service charges. RESOLUTIONS In any event that Exhibitor and Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market or any of it's associated partners both casual and formal choose legal resolution in connection with this contract in any manner or form, and this contract be found in a court of law to be substantially fulfilled as represented, Exhibitor agrees to be solely responsible for all legal fees and court costs incurred for both parties of the action. DISPLAYS All displays exhibited shall be operated, designed and constructed in a safe and non- hazardous manner. Exhibitor spaces must remain in a clean and well-displayed fashion with no accumulated trash or rubbish present at all times. Any and all sound producing devices must be operated so as not disturb any other Exhibitor or the attendees as determined solely at the discretion of Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market management. Booth walls must not extend higher than 8' and no portion may protrude beyond the space reserved. All promotional activities shall be confined to the booth space only. Display of products and distribution of promotional literature must remain inside the booth space and is strictly prohibited from meeting rooms, registration area, show floor aisles, parking lots or any other area other than your reserved space. No attachments may be made to walls of any kind. If you must attach something to a wall you can only use Scotch-Blue Painter's Tape for Multi-Surfaces #2090, Adhesion Level: medium. Any large banners would need to be hung by DoubleTree's Engineering department and there is a $75 charge per banner. To have access to power, if your booth space provides power, you must bring your own UL approved extension cords and outlet power strips. The outlet power strip must have a circuit breaker. Any extension cords or outlet power strips that are not UL regulated will removed. Any damage done to walls, carpet or other property, not owned by Exhibitor, will be billed back to Exhibitor whose space coincides with the damage regardless. MULTIPLE VENDOR SURCHARGE Exhibitor agrees that the vendor space that they are renting, is for the company or individual listed on their vendor's form. Only one vendor per Exhibitor space rented will be listed on the Bats Day Black Market section of the Official Bats Day in the Fun Park web site. Exhibitor agrees not to share with any other merchant or vendor any portion of any booth space in the Exposition, including allowing any representative of any other company or firm to solicit business or take orders for products or services in Exhibitors space without paying a Multi Vendor Surcharge (MVS) of $75 per additional vendor to Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market. All special MVS agreements must be made in advance directly with Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market management prior to submission of Show Reservation Form and is subject to acceptance or declination, which is at the sole discretion of Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market management. All Exhibitor rules, otherwise, would apply to admit additional vendors. ENDORSEMENTS Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market in no way endorses any Exhibitor's merchandise, views, beliefs, or actions. All Exhibitors are deemed to be their own business entity and in no way reflect the views, beliefs, intentions and/or direction of Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market. Exhibitors do not represent Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market in any way, and in applying for display space you agree to hold Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market harmless against any and all merchandise bought, sold or brought onto the premises of the Exposition. EXPOSITION CANCELLATION In the event the Exposition must be cancelled by Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market for any reason or prevented from being held due to acts of God, fire, strike, acts of terrorism, war, government regulation, public enemy actions, public catastrophe or any other reason or cause, Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market will refund the amount the exhibitor paid less any service charges. In no event shall Exhibitor be entitled to a refund greater than the amount submitted. No portion of booth space fees will be refunded in the event of temporary interruption of the Exposition for any reason. INDEMNIFICATION Exhibitor agrees to indemnify, hold harmless, save and protect Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market and the Exposition Facility including their general and sub contractors against and from any and all claims, demands, suits, damages, liability, costs, loss, expenses and attorney's fees of whatever kind or nature which might result from or arise out of Exhibitor's use of the Exposition Facility or any action or failure to act as the Exhibitor or any of it's officers or agents including any Exhibitor Appointed Contractor, employees or other representatives, including but not limited to, claims arising out of any negligent or intentional act or omission Exhibitor or any of its officers or agents that cause or result in damage to or destruction of property of any party, and or death or injury to persons; any claims or liability by or to third parties arising out of conduct or omissions which would be in breach of Exhibitor's obligations under this agreement; or any claims of damage or loss of property or from or out of any loss, damage, harm or injury to the persons of the Exhibitor or any of its officers, employees, agents, or other representatives. EXHIBITOR APPOINTED CONTRACTOR Exhibitor agrees not to appoint the services of an Exhibitor Appointed Contractor without prior written consent from Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market management at least 30 days before the exposition's commencement. Consent may be granted or withheld at the sole discretion of Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market and may require the inclusion of Exhibitor signing an Inspired Illusions/Bats Day in the Fun Park/Bats Day Black Market Exhibitor Appointed Contractor Agreement. Exhibitor agrees to employ proper contractual or labor help as required by California Law Code. Any or all of these can be changed without notice. Questions Please contact Noah Korda - Bats Day in the Fun Park Organizer/Creator Email: blackmarket@batsday.net / Batsday@aol.com