Definitions. The term "Event" means the SUMMA Foundation GlobalEM 2024 Conference currently
scheduled to be held on July 16, 2024 – July 17, 2024 (the "Event Dates)) at AT&T Conference Center in Austin, Texas (the
"Venue"). The term "Organizer" or “GlobalEM 2024” means SUMMA Foundation GlobalEM 2024 Conference. The term
"Exhibitor" means the company that has applied for Exhibit Space by submitting this Application and Agreement.
Acceptance and Agreement.This Application and Agreement, when properly executed by Exhibitor and
accepted by Organizer ("Agreement"), constitutes a valid and binding agreement between the Organizer and the Exhibitor for
Exhibitor to lease exhibit space at the Event. In the event of any conflict between these Terms and Conditions and any terms
inserted by the Exhibitor, these Terms and Conditions shall govern. Organizer reserves the right to accept or refuse, in its sole
discretion, any application for participation in the Event. In the absence of Organizer acceptance, Organizer incurs no
obligations hereunder. Exhibitors who have not participated in a prior event held by Organizer similar to that of the Event may
be required to submit a description of the nature of their business and the items intended to be exhibited.
Assignment of Space Space will be allocated on a first-come, first served basis based upon the level of
sponsorship purchased by the exhibitor - with Platinum Sponsors followed by Gold Sponsors and finally Silver Sponsors in
terms of priority placement. GlobalEM 2024 will continue to receive applications and assign exhibit space, as it remains
available, until shortly before the conference opening date. In all cases, total exhibit payments must be received prior to
conference opening. The GlobalEM 2024 assignment of booth space(s) is final and shall constitute an acceptance of the
Exhibitor’s offer to occupy the space. After assignment, space location may not be changed, transferred or cancelled by the
Exhibitor except upon written request and with the subsequent written approval of GlobalEM 2024. GlobalEM 2024 reserves
the right to reassign Exhibitor space or to modify the floor plan for overall benefit of the conference.
Subletting Space No exhibitor will assign, sublet, or apportion the whole or any part of the space allotted to
the Exhibitor, nor exhibit therein, nor permit any other person or party to exhibit therein, any other goods, apparatus, etc. not
manufactured or distributed by the Exhibitor in the regular course of the exhibitor’s business except upon prior written consent
by GlobalEM 2024.
Exhibit Space Rentals: Exhibit space rental fees include materials and services described herein, specifically:
8-foot high back drape; 3-foot high side rails; 7-inch by 44-inch identification sign; one skirted 30”W x 6’L table; two chairs;
listing on the website and final program. The Exhibitor is responsible for all other aspects of the exhibit space including but not
limited to carpeting, specialty furniture, phone, internet access, display materials, electrical, material handling, cleaning, etc.
Conference aisles will be carpeted and cleaned. With the rental of each 8’D x 10’W exhibit space there is allocated one full
complimentary conference registration. All day beverage service and morning/afternoon refreshments are also complimentary.
Additional badges for “Exhibits Only” booth support staff may purchased at $200/badge for two-day access. A detailed
description of exhibitor/sponsors fees and enhanced marketing included per sponsor level may be found at
https://www.globalemconf.com/sponsors.html.
Payment Requirements & Cancellation Charges. Applications require full pre-payment before final exhibit
assignment or sponsor item is confirmed in writing. No Refunds will be permitted except upon possible termination of
GlobalEM 2024 per “cause or causes” noted below. “No-show” exhibitors will receive no refund. Space reductions are
considered cancellations and are subject to cancellation fees. It is understood that GlobalEM 2024 reserves the right, at its
option, to reassign a cancelled exhibit regardless of the cancellation rate assessed. In the event that the premise in which the
GlobalEM 2024 is conducted shall become, in the sole discretion of the GlobalEM 2024 Committee, unfit for occupancy, or
substantially interfered with by reason of any cause or causes not reasonably within the control of GlobalEM 2024, this
agreement may be terminated by the GlobalEM 2024 organizing committee. For this purpose, the term “cause or causes” shall
include, but not by way of limitation, fire, flood, epidemic/pandemic, earthquake, explosion or accident, blockage, embargo,
inclement weather, governmental restraints, restraints or orders of civil defense, or military authorities, act of public enemy, riot
or civil disturbance, strike, lockout, boycott or other labor disturbance, inability to secure sufficient labor, technical or other
personnel, failure, impairment or lack of adequate transportation facilities, inability to obtain, or condemnation, requisition or
commandeering of necessary supplies or equipment, local, state or federal law, ordinance, rule, order, decree or regulation,
whether legislative, executive, or judicial, and whether constitutional, or act of God. Should the GlobalEM 2024 terminate this
agreement pursuant to the provision of this paragraph the Exhibitor waives any and all claims for damages and agrees that the
GlobalEM 2024 may, after computing the total amount of the GlobalEM 2024 cost and expenses in connection with its
preparation for and conducting of the GlobalEM 2024 Conference, (including a reasonable reserve for claims and other
contingencies), refund to the exhibitor, as and for complete settlement and discharge of all said Exhibitor’s claims and demands,
an amount which bears the same relationship to the fee paid by said Exhibitor as the total refundable amount as computed above
bears to the total amount of fees paid by all exhibitors. Organizer shall have no obligation to refund or provide any other relief
to Exhibitor if Exhibitor has withdrawn prior to cancellation of the Event by the GlobalEM 2024 Committee.
Rules and Regulations. Exhibitor will abide by all rules and regulations regarding the construction,
maintenance, and tear-down of the exhibit space, as well as any rules and regulations promulgated, from time to time, by
Organizer or the Venue. Organizer reserves the right to determine the suitability and appropriateness of all exhibits and the
attire and conduct of all exhibit personnel and to regulate the same at its sole discretion. Exhibitor will not discriminate against
any person in connection with admission to its booth, services rendered, or privileges offered on the basis of race, creed,
ancestry, sexual orientation, disability, color, sex, marital status, age, religion, or national origin.
The Exhibitor assumes all responsibility for compliance with all pertinent ordinances, regulations and codes of duly authorized
local and federal governing bodies concerning fire, safety and health, together with the rules and regulations of the operators
and/or owners of the Venue wherein the conference is held.
No demonstrations or solicitations shall be permitted outside of the Exhibitor’s assigned space, and no signs or placards may be
displayed on persons or otherwise outside exhibit spaces unless pre-approved by GlobalEM 2024.
Event Management, Exhibit Construction, and Tear-Down. Exhibit space set up time must be completed between 2:00 PM and 5:00 PM on Monday, July 15, 2024. A representative must staff exhibit space at all times when the
Exhibition is officially open (Tuesday, July 16, from 8:00 AM to 5:00 PM, and Wednesday, July 17, from 8:00 AM to 5:00
PM). Exhibit space must be maintained in a neat and orderly manner throughout the Exhibition. Exhibitors may begin
dismantling only after 5:00 PM Wednesday, July 17, 2024. Move-out must be completed by 8:00 PM, on Wednesday, July 17,
2024. Exhibitors are responsible for removal of all materials used in their display. Any exhibitor leaving materials after 8:00
PM on Wednesday, July 17, will be charged for the materials’ removal. Failure to observe this rule, including early
dismantling, will result in a $1,000 (U.S. Currency) fine and may jeopardize the exhibitor’s space assignments or right to
exhibit at future conferences sponsored by The SUMMA Foundation/GlobalEM Conference. All materials left by an exhibitor
will be shipped back to the point of origin at the exhibitor’s cost in addition to the charge. Exhibitor shall have an authorized
representative on-site during setup and dismantling periods to oversee exhibit materials, receipt, and shipment.
Event Security. While the Venue or Organizer may provide perimeter security for the Event area during the
Event, it is under no obligation to do so, and any security provided may be discontinued at any time. Whether or not such
security is provided, Exhibitor shall be solely responsible for the protection of its property and its confidential and proprietary
information, and for obtaining insurance (see 312) with respect thereto. Organizer shall, in any event, have no obligation to
provide security services and makes no representation or warranty whatsoever, and disclaims all liability with respect to security
of the premises or Exhibitor's goods or equipment. Exhibitor hereby releases and shall hold Organizer harmless with respect to
the same.
Limitation of Liability and Timing of Claims IN NO EVENT SHALL ORGANIZER OR VENUE OR ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, AFFILIATES,
AND ASSIGNEES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING
OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THEIR ACTS OR OMISSIONS OR ANY BREACH OF
THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR
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NOT ORGANIZER OR THE VENUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE
LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN
NO EVENT SHALL ORGANIZER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO ORGANIZER PURSUANT TO
THIS AGREEMENT. CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT MUST BE MADE IN
WRITING WITHIN THIRTY DAYS AFTER THE LAST DAY OF THE EVENT, AND FAILURE TO GIVE SUCH NOTICE
SHALL CONSTITUTE A WAIVER OF ANY CLAIMS.
Indemnification. Exhibitor shall indemnify, hold harmless, and defend the Venue and the Organizer and their
respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified
Parties") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards,
penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, that are incurred by Indemnified Party
(collectively, "Losses"), arising out of or resulting from (a) injury to the person, property, or business of any person in
connection with Exhibitor's conduct of its exhibit, (b) Exhibitor's construction or maintenance of an unsafe exhibit, (c) any act,
omission, negligence, fault, violation of law or ordinance, or misconduct of Exhibitor, its employees, subcontractors, invitees or
agents, or any breach by Exhibitor of any agreements, covenant, promises or other obligations under this Application and
Agreement, (d) Exhibitor's participation or presence at the Event and/or use of any of the Event facilities, (e) Any claim brought
by any of its employees, agents, contractors, or invitees against an Indemnified Party in connection with such activity, or (f)
Exhibitor's actual or alleged infringement of the patent, trademark, copyright, or any other intellectual property rights of a third
party including any claim resulting from the use of copyrighted music, dramatic materials, or other property which is used by
Exhibitor in connection with the Event.
Insurance.No later than ten (10) days prior to the Event, Exhibitor shall furnish Organizer with an insurance
certificate reasonably acceptable to Organizer, naming Organizer and the Venue as additional insured and waiving subrogation
under its general liability policy. Exhibitor shall maintain adequate property and liability insurance coverage in the amount of
one million US dollars and include coverage for workers compensation, employer's liability, comprehensive commercial
general liability, and automobile liability. Such insurance must be issued by an insurance company with an A.M. Best rating of
A or higher and shall include coverage of the indemnification obligations of the Exhibitor under this Application.
Listings and Promotional Materials. By uploading Exhibitor’s logo, Exhibitor grants Organizer a fully-paid,
perpetual non-exclusive license to use, display, and reproduce Exhibitor's name, trade names, and product names in any
directory (print, electronic, or other media) that list the Exhibitors participating at the Event and to use such names in
Organizer's promotional materials. Organizer is not liable for any errors or omissions in any show guide listings or descriptions.
Organizer shall also have the right to take photographs of Exhibitor's booth space, exhibit, and personnel during, before, or after
the open hours of the Event and use such photographs for any legal purpose.
Recording of Event. Exhibitor agrees not to record any portion of the Event, including the technical program
and/or speakers, not directly related to their own Exhibit.
Use of Event Insignia. Exhibitor may not reproduce the Event's or Organizer's logo, name, marks, or other
insignia on items, documents, or advertising materials, without Organizer's prior written consent.
Severability.If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction,
such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction.
Choice of law.This Agreement and all related documents, and all matters arising out of or relating to this
Agreement, are governed by, and to be construed in accordance with, the laws of the State of Texas, without regard to the
conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of
any jurisdiction other than those of the State of Texas.
No Representations or Warranties; Rules and Regulations; Entire Agreement. Organizer makes no representations or warranties, express or implied, regarding the number, quality, or character of persons who will attend the
Event or regarding any other matters. Any and all matters pertaining to the Event and not specifically covered by the terms and
conditions of this Agreement are subject to Organizer's sole discretion. Organizer may adopt, amend, or revoke any established
rules and regulations from time to time, on reasonable notice to Exhibitor. Any such rules or regulations, including but not
limited to those required by the Venue or any communication from Organizer to Exhibitor are hereby incorporated in this
Agreement and have the same effect as if set forth herein. This Agreement, including and any additional rules or regulations
adopted by Organizer, states the entire agreement between the parties and may not be amended without Organizer's written
consent.