Atlanta Apparel p Tem ora xh ry E ibito DY! Wear A E R to y d a al Re casu ic to d class parel an n. m o p e a Fr e ’s w et en wom thing in b y ever r lica App ti c on O r2 tobe 013 gu – Au and s y r l ewe essorie J : A cc JF A n es, elry, o i h f jew s, watch o s n a F ctio essorie colle c st 2 0 ar 14 M kets SE: L ry U IMP and Car y Cash trend and s s r le Time sories fo hase. s rc e u c p ac iate d e imm ac ate ultim , fashion e h T bags e. hand and mor s t l be © 2013 – 2014 AMC, Inc. market at a glance READY!, JFA and IMPULSE SHOW SCHEDULE APPLICATION INFORMATION October 2013 Atlanta Apparel Thursday, October 17 – Sunday, October 20 Booth Rate: $16.75/sq. ft. January 2014 Atlanta Apparel Thursday, January 30 – Sunday, February 2 April 2014 Atlanta Apparel Thursday, April 3 – Sunday, April 6 June 2014 Atlanta Apparel Thursday, June 5 – Sunday, June 8 August 2014 Atlanta Apparel Thursday, August 7 – Sunday, August 10 October 2014 Atlanta Apparel Thursday, October 16 – Sunday, October 19 YOUR SALES CONTACTS: Lauren Folger, · READY! Ready-to-Wear Office: 404.220.2842 Fax: 678.686.5115 [email protected] Deposit: · $650 per booth – due with application · Full payment due with application if submitted after shows final payment deadline Final Payment Deadlines: October Show: September 13, 2013 January Show: December 30, 2013 April Show: March 3, 2014 June Show: May 5, 2014 August Show: July 7, 2014 Lecy Sebastiani, · JFA: Jewelry and Fashion Accessories · IMPULSE: Cash & Carry Office: 404.220.2852 Fax: 678.686.5311 [email protected] AmericasMart.com/Apparel 2 2013 – 2014 Atlanta Apparel – READY!, JFA and IMPULSE atlanta apparel exhibit space contract 1 & Authorized 8 Deposit Signature are REQUIRED COMPANY NAME CONTACT NAME MAILING ADDRESS COUNTRY CITYSTATE ZIP After booth assignment, this agreement cannot be cancelled, refunded, or transferred to another market. Exhibitor expressly acknowledges that it is responsible to ascertaining any exemption from state or local sales and use taxes for sales made from the Exhibit space, and for timely returning and remitting all required sales and use taxes to the approriate taxing authorities. Please provide signature of authorized agent or exhibitor. OFFICEMOBILE FAX EMAILWEBSITE X SIGNATURE 2 3 6 Select Show ❏ ❏ ❏ ❏ ❏ October January April June August 17 – 20, 2013 30 – 2, 2014 3 – 6, 2014 5 – 8, 2014 7 – 10, 2014 ❏ Credit card ❏ Wire transfer ❏ Company/cashier’s check or money order payable to AmericasMart® Atlanta (Your application will not be processed until we receive a booth deposit.) 7 Select Category ❏ ❏ ❏ READY! Ready to Wear JFA: Jewelry and Fashion Accessories IMPULSE: Cash & Carry $16.75/ sq. ft. Your Average 4 Select Wholesale Price Point ❏ ❏ ❏ ❏ ❏ ❏ Under $30 $31 – 50 $51 – 100 $101 – 200 $201 – 400 $400 and Above 5 Select Booth Size: FOR OFFICE USE ONLY: ❏ ❏ ❏ ❏ ❏ 10x10 10x20 10x30 20x25 30x30 ❏ ❏ ❏ ❏ ❏ ❏ My $650 per booth deposit is attached as a: 10x15 10x25 20x20 25x25 35x35 Other 10x __ Company #: ______________________________ Category: ________________________________ Points: ___________________________________ (Applies to all temporary floors; $400 additional fee; assignments based on booth presentation.) If you exhibited in the previous market, please specify location preference: (check one) ❏ Same Location ❏ Location Change ❏ N/A Preferred location, if applicable: PLEASE NOTE: All applications must be accompanied by a catalog, brochure or website address for booth placement/relocation. Are you a manufacturer or manufacturer’s representative? (check one) ❏ Manufacturer ❏ Manufacturer’s Representative Are your products currently represented in a permanent showroom at AmericasMart? (check one) ❏ Yes ❏ No If Yes, please specify showroom name & location: AmericasMart.com/Apparel ❏Y es, I would like to be considered for a front corner location and have included my catalog for review. SHOWROOM NAME LOCATION PRINT NAME TITLE DATE All deposits will be processed by AmericasMart® Atlanta (“AMC”) upon receipt, but acceptance of such deposit is not confirmation of a booth assignment. AMC reserves the right to reject ANY application for ANY reason, and this contract becomes binding only upon confirmation in writing of a booth assignment (the “Exhibit Space”). Booth assignments are based on a number of factors including the date of application, seniority, type of product, and booth presentation. AMC reserves the right to alter the floor plan and/or to re-assign Exhibit Space location as it deems appropriate. Following booth assignment, Exhibitor may not change, transfer or cancel Exhibit Space location except upon written approval by AMC. Specific location requests MUST be in writing. AMC will accommodate such requests as space permits, but cannot guarantee requested placement. Upon confirmation of a booth assignment, all monies are nonrefundable and nontransferable. No exceptions. The balance of the fee payable hereunder is due on or before the Final Payment Due Date noted above. AMC reserves the right to reject any payment received after such date. This contract is subject in all respects to the Terms and Conditions attached hereto and incorporated herein by this reference. By executing this Contract, the above-signed consents to receiving communications from or on behalf of AMC and its affiliates via telephone, email, and/or facsimile at the telephone number(s), email address(es) and facsimile number(s) indicated above. Return Contract Fax or mail completed application, product information and $650 deposit to: Fax:678.686.5304 Mail: Apparel Trade Shows– AmericasMart® Atlanta 240 Peachtree St, NW, Suite 2200 Atlanta, GA 30303–1327 Make checks payable to AmericasMart. 3 booth payment form 2013 – 2014 Atlanta Apparel – READY!, JFA and IMPULSE SUBMIT YOUR PAYMENT IN ONE OF THESE EASY WAYS: 1 · PLEASE SELECT SHOW ❏ October 17 – 20, 2013 ❏ January 30 – 2, 2014 ❏ April 3 – 6, 2014 3 · 2 · ❏ June 5 – 8, 2014 ❏ August 7 – 10, 2014 PAYMENT BY CHECK OR MONEY ORDER Attach to this form a company/cashier’s check or money order payable to AmericasMart® and mail to the address below. Fax a copy of check to number below before mailing. CREDIT CARD PAYMENT COMPANY NAME CARDHOLDER’S NAME CARDHOLDER’S BILLING ADDRESS (AS IT APPEARS ON THE CREDIT CARD ACCOUNT. REQUIRED.) CITY STATE/PROVINCE CARD TYPE: ❑ MASTERCARD ❑ VISA COUNTRY ZIP *AmericasMart does not accept American Express CARD NUMBER CORPORATE CARD: EXP DATE ❑ YES ❑ NO SECURITY CODE (3 digits on back of card) DEPOSIT AMOUNT: ________ (Initial Here) ______ (number booths) x $650 deposit / booth = $ _________________________________ (required with application) FINAL BALANCE AUTHORIZATION ______ Yes, I authorize AmericasMart® Atlanta to charge the final balance for my booth space for the show indicated above, using the credit card specified above. I understand that the final balance amount will be processed on or after the date marked below. FINAL PAYMENT DEADLINES: ❏ October Show: September 13, 2013 ❏ June Show: May 5, 2014 ❏ January Show: December 30, 2013 ❏ August Show: July 7, 2014 $650 DEPOSIT PER BOOTH DUE WITH APPLICATION. CARDHOLDER’S SIGNATURE PRINT NAME TITLEDATE I, the Cardholder, authorize the amounts above for the deposit and, if checked, the final payment for the indicated market to be charged to my credit card. I understand the charges are non-refundable and non-transferable, even in the event of cancellation. No exceptions. Furthermore, I, the Cardholder, agree this payment is made pursuant to, and I agree to be bound by, the Exhibit Space Terms and Conditions. 44 · WIRE TRANSFER PAYMENT If you would like to make your payment via wire transfer, please check the box below. We will communicate the wire information to your company contact. ❑ YES, I would like to make my payment via wire transfer. COMPANY CONTACT NAME PHONEEMAIL If making payment via wire transfer, please note that ALL wires must be made in U.S. dollars and the wire must be for the total booth/ advertising amount. Exhibitor assumes 100% responsibility for ALL wire fees charged by your financial institution and AmericasMart’s financial institution. Questions? Please contact Cheryl Rakestraw at 404.220.2618 or [email protected] AmericasMart.com/Apparel ❏ April Show: March 3, 2014 Deposit payment will be processed upon receipt. Deposit payment will not be refunded or transferred to another show in the event of cancellation. Full payment due with application if submitted after the show’s final payment deadline. Note: Applications submitted without deposit payment will not be processed or considered for space assignment. FAX OR MAIL COMPLETED FORM TO: Fax: 678.686.5304 Mail: Apparel Trade Shows– AmericasMart® Atlanta 240 Peachtree St. NW Suite 2200 Atlanta, GA 30303–1327 4 2013 – 2014 Atlanta Apparel READY!, JFA and IMPULSE apparel guide listing information The Atlanta Apparel Guide is the official directory distributed to attendees at Market. To be included, please complete this form and return it no later than the show deadline listed below. Sales representative name(s), line name(s), and product classification code(s) will NOT be carried over from previous markets. You must resubmit all information. PLEASE SELECT SHOW ❏ October 17 – 20, 2013 ❏ January 30 – 2, 2014 ❏ April 3 – 6, 2014 ❏ June 5 – 8, 2014 ❏ August 7 – 10, 2014 New Process! COMPANY NAME BOOTH NUMBER Apparel Guide Product Classification Codes: ADDRESS Use these codes to fill out your apparel guide listing information form. After selecting your product code, write the corresponding number We’re eliminating the hassle of paper listing CITY next to the appropriate line name. forms and STATE going digital! Log on to our redesigned, easier-to-use PHONE FAX women’s infant & toddler, 300 Activewear/Fitness Exhibitor children’s & junior Portal to provide your listing information online at WEBSITE EMAIL 301 Aromatherapy/Spa 145 AmericasMart’s Children’s World AmericasMart.com/ExhibitorPortal by December 8, 2013 302 Belts/Personal Leather Goods 400 Boy’s Apparel COUNTRY ZIP ® 03 Bridals/Bridal Accessories 3 304 Coats/Outerwear/Furs 305 Contemporary Sportswear/Dresses 306 Denim/Jeans 29 Display Fixtures/Equipment/ Supplies/Retail Services 134 Eyeglasses/Sunglasses 35 Fashion Accessories & Jewelry/Watches 142 Fine Jewelry 143 Gold Jewelry & Accessories 139 Handbags 141 Hats/Scarves/Gloves 314 Immediate Resources 315 Intimate Apparel/Loungewear 328 Knitwear & Sweaters 153 Made in America 316 Maternity 317 Missy Sportswear/Dresses 64 Perfume/Perfume Bottles/ Beauty Products 152 Personal Technology Accessories 319 Petite Sportswear/Dresses 320 Plus Sizes Sportswear/Dresses 321 AmericasMart PREMIERE® 322 Prom/Social Occasion/Quinceañera 327 Shoes/Socks/Hosiery 323 Sterling Silver Jewelry & Accessories 324 Suits 325 Swim/Resortwear 88 Travel Accessories, Luggage/Totes 329 Young Contemporary/Junior Deadlines 01 4 402 403 404 405 144 406 Children’s Furniture & Bedding Children’s Gifts & Toys Children’s Shoes & Accessories Girl’s Apparel Infant & Toddler Apparel Juvenile Products Tween men’s o D Apparel Guide October 2013 August 28, 2013 January 2014 December 8, 2013 April 2014 DATE Rep Name(s) & Phone Number(s) e s U NAMEPHONE NAMEPHONE NAMEPHONE 00 Activewear/Swim & Resort 5 508 Accessories & Gifts 501 Belts/Personal Leather Goods 502 Big & Tall 503 Coats/Outerwear/Furs 504 Contemporary Sportswear 505 Denim/Jeans 507 Formalwear 509 Knitwear & Sweaters 510 Neckwear 511 Shirts 512 Shoes/Socks/Hosiery 513 Sportswear 518 Streetwear 514 Suits 515 Trousers/Slacks 516 Underwear/Loungewear 517 Young Men’s Clothing & Accessories Show FORM COMPLETED BY NAMEPHONE t o N NAMEPHONE *Please attach additional sales representatives and phone numbers. LINE NAME PRODUCT CODE(S) LINE NAME PRODUCT CODE(S) LINE NAME PRODUCT CODE(S) LINE NAME PRODUCT CODE(S) LINE NAME PRODUCT CODE(S) *Please attach additional lines, up to 25. Increase your visibility with advertising! To learn more, contact Phyllis Sangster at 404.220.2127. Fax or mail completed listing form: Supplement Fax: 678.686.5304 January 14, 2014 Mail: Kerry Gentry/Publishing AmericasMart® Atlanta/2013 – 2014 Apparel Guides Suite 2200, 240 Peachtree St, NW Atlanta, GA 30303-1327 February 17, 2014 March 19, 2014 Listing questions? Call 404.220.2118 June 2014 April 22, 2014 May 20, 2014 August 2014 June 24, 2014 AmericasMart.com/Apparel October 1, 2013 July 22, 2014 NOTE: E xhibitor and sales rep listing information is provided for the benefit of our customers. While every attempt is made to ensure information is timely and accurate, the publishing department cannot be held responsible for errors and omissions in any of our publications or on the AmericasMart. com Exhibitor Directory. 5 promote your participation 2013 – 2014 Atlanta Apparel Programs designed to increase your brand’s exposure at Atlanta Apparel ATLANTA APPAREL GUIDE ADS Increase your visibility by advertising in the essential Market directory provided to each attendee at registration. Contact Phyllis Sangster at 404.220.2127 or [email protected]. PERSONAL INVITATIONS Provide our Retail Services team with your top customer and prospect lists and we will call them on your behalf. Contact Megan Roper at 404.220.2426 or [email protected]. BUYER MAILING LABELS Target key customers and new prospects with mailing labels specified for your needs. Contact Stephanie Brown at 404.220.2456 or [email protected]. ONLINE STOREFRONTS Questions Regarding Buyer Information? Showcase your product 24/7 with an online storefront at AmericasMart.com. Online advertising and marketing sponsorships also available. Contact Greg Joselove at 404.220.2129 or [email protected]. BUYER LISTS Exclusive Offer! Send us your buyer list and receive a FREE bold listing in the Atlanta Apparel Guide* – a $400 value! Contact Megan Roper at 404.220.2426 or [email protected]. *Only available to companies that have not previously shared their lists within the past two years. FREE EVITES Contact: Megan Roper Retail Services Manager 404.220.2426 [email protected] AmericasMart.com/Apparel Invite your customers to your booth by forwarding them an Atlanta Apparel evite designed specifically for the market. Contact your sales manager for more information. Plus many more pre-market and on-site advertising opportunities online! AmericasMart.com/advertise 6 travel + hotel & logistics services 2013 – 2014 Atlanta Apparel Exclusive programs, discounts and benefits that make your Atlanta experience easier and more affordable. HOTEL + TRAVEL AmericasMart ® LOGISTICS Low Rates on Hotel Accommodations & Air Travel Freight, Shipping & Storage Enjoy exclusive hotel discounts through onPeak, the official housing partner of AmericasMart, as well as travel discounts through our airline partners. AmericasMart Logistics offers comprehensive freight shipping and storage services with no hidden fees or add-ons. We offer: Discounted freight transportation rates in partnership with UPS Tradeshow Logistics Electronic shipment submittal, confirmation & tracking services No carrier detention fees at Atlanta facilities Competitive rates on short & long-term storage at AmericasMart’s warehouse World-class service Benefits may include: Double hotel reward points Lower 4-5 night minimum stay rates Complimentary hotel internet Food & beverage discounts at certain hotel properties Hotel parking discounts Discounted airfares For rate quotes and to book shipments, contact: Book your travel: 877.588.8930 800.241.6405 (Hotel) [email protected] [email protected] (Hotel) AmericasMart.com/logistics AmericasMart.com/travel PARKING MADE EASY Save Time & Money with ParkSmart Enjoy convenient and affordable RESERVED parking with ParkSmart. Reserve your parking spot for the entire Market or for just a few days. AmericasMart.com/parking AmericasMart.com/Apparel 7 exhibit space terms & conditions 1) ASSIGNMENT/SUBLETTING Assignment, subletting, licensing or transfer of Exhibit Space by Exhibitor, or use of the space not permitted by AMC in writing is prohibited. Exhibitor shall not exhibit or permit to be exhibited in the Exhibit Space allotted to it any merchandise other than that specified in the application. 2)EXHIBIT REQUIREMENTS All booth arrangements shall conform in all respects to the dimensional and height requirements as specified by AMC. Exhibitor shall care for and keep in good order the Exhibit Space it occupies and surrender such Exhibit Space at the close of the Show in the same condition it was when taken over. Exhibitor or its agents shall not injure or deface the walls or floors of the building, the booths, the equipment or furnishings of the booths or building within which the Show takes place. No booth may obstruct the general view or access to surrounding booths, displays, aisles or public space within the building where the Show is being held. Exhibits must remain intact until the scheduled hour of conclusion of the Show, as such time is established by AMC. If damage should occur, the Exhibitor will assume full liability for any such damage caused by Exhibitor or its agents, employees, or contractors, and AMC shall have the right to charge Exhibitor for any repairs to the Exhibit Space and/or the building, and Exhibitor shall immediately pay to AMC the requested sum(s). 3) REMOVAL OF MERCHANDISE Exhibitor shall be responsible for the removal of its entire display, including without limitation, walls, floors and furniture. Exhibitor should make certain removal is performed only by its employees or other authorized persons. AMC will not be liable for unauthorized removal of articles, merchandise, equipment, displays or property. 4) RULES AND REGULATIONS/COMPLIANCE Exhibitor shall observe and abide by these Terms and Conditions and such other rules and regulations that AMC may adopt from time to time. Exhibitor assumes all responsibility for compliance with all pertinent ordinances, regulations and codes of duly authorized local, state and federal governing bodies, including without limitation those concerning fire, safety and health, together with the rules and regulations of the operators and/or owners of the property wherein the Show is held. Exhibitor shall not display or sell any merchandise that is counterfeit or which in any way infringes the trademarks, copyrights, or other intellectual property of a third party, nor shall Exhibitor display or sell any merchandise which the manufacturer has not explicitly authorized Exhibitor to sell. Breach of this covenant may result in immediate termination of this Contract and the removal of Exhibitor from the Exhibit Space. Exhibitor shall not display or sell any merchandise that tends to injure the reputation or operations of AMC or any of its affiliates. It is further agreed that Exhibitor will abide by and comply with rules and regulations concerning local unions having agreements with AMC or with authorized contractors retained by AMC, or owners of the property wherein the Show is held. Exhibitor is responsible for obtaining applicable permits or licenses required by law and shall abide by all federal, state and local laws. Exhibitor is responsible for the payment of all taxes, fees and charges required by any legal authority associated with use of the Exhibit Space and/or the building that are not the responsibility of AMC. Without limiting the generality of the preceding sentence, Exhibitor is solely responsible for ascertaining the existence of any exemption from state or local sales or use taxes for sales made from Exhibit Space, and for timely returning and remitting all required sales and use taxes to the appropriate taxing authorities. Exhibitor shall be responsible for non-permanent accessibility requirements, including, but not limited to, auxiliary aids for the visually impaired, hearing impaired and mobility impaired, meeting room arrangements and exhibition accessibility. In the event Exhibitor fails to pay any amount hereunder as and when the same is due and payable, AMC shall be entitled to, and Exhibitor agrees to pay, interest on such unpaid amount at the rate of eighteen percent (18%) per annum, together with all costs incurred by AMC in collecting such amounts, including, without limitation, AMC’s administrative costs (not to exceed five percent (5%) of the amount collected), and AMC’s actual attorneys’ fees. 2013 – 2014 Atlanta Apparel 5) CANCELLATION/SIZE MODIFICATION POLICY Exhibit space cost must be paid in full in accordance with specified payment deadlines. AMC may cancel this Contract without refund to Exhibitor, and may re-assign any Exhibit Space previously assigned to Exhibitor, upon failure of Exhibitor (i) to make payment required hereby, (ii) to abide by these Terms and Conditions and other rules and regulations as provided above, or (iii) to claim its assigned Exhibit Space prior to the opening of the Show. If the Show or any part thereof is prevented from being held, is canceled by AMC or the Exhibit Space applied for herein becomes unavailable because of war, fire, strike, government regulations, public catastrophe, act of God, the public enemy or other cause, AMC shall determine and refund to Exhibitor its proportionate share of the balance of the aggregate exhibit fee received, if any, which remains after deducting expenses incurred by AMC and reasonable compensation to AMC, but in no case shall the amount of refund to Exhibitor exceed the amount of the exhibit fee paid. Cancellation of this Contract by the Exhibitor will not result in a refund, credit or transfer of Exhibit Space. In the event that a company elects to reduce the assigned net square footage after formal confirmation of booth space, the company will forfeit the deposit amount for each booth released. 6)LIABILITIES Neither AMC, nor any of its members, agents, employees and other representatives, shall be held accountable or liable for, and the same are hereby released from accountability or liability for any damages, losses, harm or injuries to the person or any property of Exhibitor or any of its officers, agents, employees, contractors or other representatives, resulting from theft, fire, water, accident, or any other cause. Exhibitor hereby agrees to indemnify, defend, protect and hold harmless AMC and its owners, affiliates, members, agents, employees, contractors and other representatives from and against any and all claims, suits, liabilities, damages, losses, costs, attorneys’ fees, and expenses of whatever kind or nature which might result from or arise out of any action or failure to act of Exhibitor or any of its officers, directors, agents, employees, invitees, contractors or other representatives or breach of this Contract. 7)USE, SIGNS AND ADVERTISING AMC may use any part of the Exhibit Space or the building at any time. AMC may remove any person during the Show whom AMC believes is disrupting or obstructing proper operation and management of the Show. No demonstration or solicitation by or on behalf of Exhibitor shall be permitted outside of Exhibitor’s assigned Exhibit Space, and no signs may be displayed on persons or otherwise outside the Exhibit Space. Distribution by Exhibitor of any printed matter, samples or other articles shall be restricted to the confines of Exhibitor’s booth. Exhibitor further agrees that it will not endorse, promote, or otherwise advertise any other tradeshow in, from, or about the Exhibit Space. Exhibitor shall not have or operate any display or exhibit which, in the sole discretion of AMC, is the source of objectionable noises or odors or has materials that are considered by AMC as objectionable, including without limitation signs, lights, drawings and the costuming of exhibit personnel. 8)DIRECTORY AMC will list Exhibitor’s firm name and Exhibit Space assignment in its official directory. Additional information pertaining to Exhibitor’s merchandise may be included at the sole discretion of AMC. However, AMC will not be responsible for errors or omissions occurring in the printed directory, or for unintentional failure to include an exhibiting firm in the printed directory. 9)PASSES Exhibitor and its officers, agents, employees and other representatives shall obtain passes from AMC’s registration desk and wear the pass while in the Show at all times. 10)MUSIC It is understood and agreed that Exhibitor is solely responsible for compliance with all copyright laws respecting the performance or broadcast of live or recorded music during or in connection with the Show. The performance or broadcast of live or recorded music during or in connection with the Show is expressly prohibited unless Exhibitor shall have provided AMC with evidence satisfactory to AMC that Exhibitor has entered into appropriate licensing agreements with all relevant licensing agencies, including The American Society of Composers, Author and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) prior to any such performance or broadcast. In the event Exhibitor fails or refuses to provide such satisfactory evidence, or to terminate immediately any performance or broadcast music during or in connection with the Show, AMC reserves the right to terminate this Contract, with no cost, penalty or obligation on the part of AMC, and to remove Exhibitor from the premises. 11)INSURANCE Exhibitor and its contractor(s) shall maintain Comprehensive General Liability Insurance and Personal Injury coverage at its sole cost and expense for all of its activities at the Show, and shall have AMC and any party designated by AMC named as additional insureds on all such policies. Policy limits shall be at least $1,000,000/$1,000,000 Bodily Injury and Property Damage combined. Exhibitor and its contractor(s) shall also maintain, at its sole cost and expense, Workers Compensation Insurance for employees participating in the Show, as required by law. Exhibitor warrants that by signing this Contract it has complied specifically with the insurance requirements of the Contract. Evidence of insurance coverage in the form of a valid Certificate of Insurance specifying the above coverages, including activities at the Show, must be provided to AMC at its request. 12)HAZARDOUS PROPERTY AMC prohibits Exhibitor from bringing any exhibit(s), equipment, vehicle(s) or material(s) into the Exhibit Space or the Building if AMC determines that such is dangerous to persons, property or any part of the Exhibit Space or the Building. AMC shall not be responsible for termination or interruption of any program or event arising from information possessed or threat received by AMC concerning an imminent danger to any part of the building or any of its occupants, except as provided in paragraph five above. 13)WAIVER The use of all facilities and participation in all activities of, related to and in connection with the Show to be undertaken and performed by Exhibitor shall be at his, her or its sole risk, and all persons, firms and entities related to AMC, including without limitation the members, owners, officers, directors, producers, promoters, organizers, participants, sponsors, contractors, agents and employees related to the Show shall not be liable in any manner for any injuries, property damage (including without limitation lost or stolen property), or death to the Exhibitor unless such loss, injury, damage or death results solely from the gross negligence or intentional misconduct of AMC, its agents or employees. 14)CONTROLLING LAW This Contract shall be construed and enforced under the laws of the State of Georgia. 15) ACTIONS Any action by either party against another arising out of this Contract or out of conduct, acts or activities of the parties hereunder shall be maintained in the Superior Court of Fulton County, State of Georgia, and no such action against AMC shall be maintained except in the Superior Court of Fulton County, State of Georgia. Exhibitor consents to the maintenance of any such action by AMC against it in the Superior Court of the State of Georgia. Exhibitor irrevocably appoints the Secretary of State of the State of Georgia as Exhibitor’s non-exclusive agent for service of process or notice any action by AMC arising out of this Contract or of the conduct, acts or activities of the parties hereunder. Service of process or notice may be made (i) as provided by law; or (ii) by serving the agent personally, by mailing to Exhibitor a duplicate of the process or notice in an envelope with postage sufficient for certified mail, return receipt requested, addressed to Exhibitor in the manner specified for notices under this Contract and by furnishing the agent with a duplicate of the process or notice in an envelope similarly addressed and stamped which the agent shall be required to mail. 16) ENTIRE AGREEMENT This Contract constitutes the entire agreement between the parties hereto and supersedes any and all prior written or oral contracts, correspondence, agreements, and understandings. Any amendment to the terms hereof shall not be valid unless in writing, signed by the parties hereto. 8
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