Terms and Conditions of Participation
1. General : Technique Art Fair (the "Fair") is a subsidiary of Conde Contemporary, LLC. These terms and conditions apply exclusively to the the 2016 event only. These Terms and Conditions become effective only upon acceptance of Exhibitor's application by the Technique Art Fair Selection Committee, and in case of such acceptance shall be immediately in effect through the entire term of Exhibitor's participation in the Fair. Notification of acceptance will begin after September 21st, 2016.
2. Admission to Exhibition : The Technique Art Fair Selection Committee shall have final judgment on all applications and may accept or reject applications at its sole discretion. The Exhibitor guarantees that all information in the application is accurate. Conde Contemporary, LLC reserves the right to cancel any application that is accepted on the basis of false information or if the Exhibitor fails to comply with these Terms and Conditions. The Exhibitor is liable for, and will indemnify Conde Contemporary, LLC, and hold Conde Contemporary, LLC harmless for and from any and all loss or damage incurred by Conde Contemporary, LLC that is a result of any breach in these Terms and Conditions. In any event the Selection Committee decides for whatever reason to decline acceptance of Exhibitor's application, the Selection Committee will promptly notify the Exhibitor in writing. Admission will be confirmed in writing after the full review of the applications by the Technique Art Fair Selection Committee.
3. Co-Exhibitors : No Exhibitor may sublet his / her booth entirely or in part. Products, Exhibitors or Individuals other than those specified in the application may not be shown or advertised at the booth.
4. Price and Conditions of Payment : Exhibitor agrees to pay Conde Contemporary, LLC in full for the booth or booths requested by the Exhibitor in his / her application at the applicable prices and deposits for the size of booth requested, in accordance with the following terms and conditions. Prices on booths shown, reflects a 3% discount or payment by check or wire transfer. Credit Card payments will incur a 3% service charge.
a. Payments are non-refundable and non-transferable unless Conde Contemporary, LLC agrees at its discretion. Any Exhibitor whose booth has not been paid in full by October 31, 2016 will not be permitted to exhibit. In such event, Conde Contemporary, LLC may cancel the Exhibitor's contract, reallocate the space and retain payment made without further liability or obligation to the Exhibitor.
b. After acceptance by the Technique Art Fair Selection Committee, exhibitors will be invoiced for the total booth hire amount.
c. Payments are due in installments in the following manner : 50% of the booth balance is due immediately upon acceptance. The remainder is due on October 31, 2016. Any additional booth costs must be paid in full by the opening date of the Fair or the Exhibitor will not be allowed to exhibit. The booth may be reallocated and any payments made retained.
d. Any additional items requested on site including but not limited to lights, or any other requests will be billed on site and payment is due before the close of the event. Any unpaid extras, will incur late fees of 1.5% per month.
e. Booth prices include white perimeter booth walls, basic interior perimeter lighting, booth signage, cleaning of common areas, exhibitor badges, 2 chairs, one skirted table, and complimentary WiFi.
5. Withdrawal and Cancellation : Any Exhibitor may cancel his / her contract until October 28, 2016, upon agreement to forfeit the first booth hire payment. Any Exhibitor who withdraws or cancels his / her contract after this date, (October 28, 2016) will remain obligated to pay the full amount of the booth rental and any further costs that may have been incurred. Any Exhibitor who fails to occupy his / her booth by 10:00 AM on November 28, 2016 will forfeit his / her right to occupy the booth and Conde Contemporary, LLC may use the space of other purposes. In such event the Exhibitor shall remain liable for the full rental and any additional costs incurred. If Conde Contemporary, LLC in its sole discretion, changes the Fair date or Fair location, or cancels the Fair, the sole liability of Conde Contemporary, LLC to the Exhibitor shall be to :
a. Notify Exhibitor as far in advance as possible of such changes and cancellation
b. In the event that the fair is cancelled or Exhibitor cannot attend the Fair during the rescheduled time period to promptly return all deposits previously paid.
Exhibitor shall have thirty (30) days from the receipt of written notice of a changed Fair date to notify Conde Contemporary, LLC if he / she can not participate during the rescheduled dates. If Exhibitor does not notify Conde Contemporary, LLC that it cannot participate within the 30 days, the changed Fair date will be deemed accepted and the applicable application will be amended.
6. Insurance and Exemption from Liability : Exhibitor agrees to provide insurance in sufficient amounts to cover any and all damage or loss to any personal property or articles, including but not limited to, works of art at the Fair for any cause, including fire, theft, burglary, breakage, leakage and water damage or transportation to and from the Fair location. In any event, Exhibitor assumes all risk of loss or damage to any of its articles and Conde Contemporary, LLC shall assume no risk of loss or damage to any of Exhibitor's property. Each Exhibitor shall provide to Conde Contemporary, LLC a certificate of insurance as proof of coverage and which names Conde Contemporary, LLC as an additional insured under such policy. Conde Contemporary, LLC will not be liable to the Exhibitor for any direct, incidental or consequential damages or loss to the Exhibitor, to his / her property or articles arising in any way from or connected with the Exhibitor's participation, except for damage and loss caused by Conde Contemporary, LLC's gross negligence. Prior to admission to the show, Exhibitor agrees to sign a form releasing Conde Contemporary, LLC from such liability.
7. Security : The Shelborne Wyndham Grand South Beach shall provide guard service for the Fair and Fair areas, 24 hours a day. This service will commence on the first day of booth installation and continue until the end of dismantling. Nevertheless, neither Conde Contemporary, LLC, The Shelborne Wyndham Grand South Beach, nor its contractor will be liable for any loss or damage due to theft. Nothing may be removed from the Fair location from the beginning of set-up unless accompanied by a merchandise or security pass, through the end of the dismantling period. Only Exhibitors will be allowed to bring in articles during the Fair. Special badges must be worn and displayed by Exhibitor and their staff at all times while a the Fair.
8. Electrical Services : Conde Contemporary, LLC shall contract with the facility lessors to provide common area lighting and air conditioning but Conde Contemporary, LLC shall not be liable for any loss or damage due to failure or interruption of any service. Exhibitor is specifically restricted from installing any power connections. Exhibitor agrees to adhere to all fire, safety, Fair Rules and Regulations and security regulations associated with the Fair and the Facility.
9. Maintenance : Conde Contemporary, LLC will be responsible for keeping the common areas of the Fair clean. Exhibitor shall be responsible for maintaining his / her booth and keeping it free from trash, and shall leave the booth in nominally the same condition in which it was first occupied by the Exhibitor, reasonable wear and tear excepted.
10. Promotional Activities : Cinema, video, audio and posters shall not be permitted at the Fair, unless approved in advance by Conde Contemporary, LLC.
11. Restrictions on Signage and Lighting : All signage and lighting systems must be in accordance with the Fair standards established by the organizers. No exceptions will be allowed.
12. General Terms and Conditions: Conde Contemporary, LLC reserves the right to expel any Exhibitor from the Fair who violates the rules stated in this Agreement. The Exhibitor will remain liable for the full amount of booth rental and any additional charges incurred. This agreement is governed solely by the laws of the State of Florida and the Exhibitor agrees to submit to the jurisdiction of the courts of the State of Florida . This agreement constitutes the entire agreement between the two parties. There are no other agreements between Conde Contemporary, LLC and Exhibitor, either oral or written, other than contained herein. This agreement may not be amended except in writing by separate agreement signed by both parties that specifically references this agreement. In the event that any individual provision of this agreement shall be deemed invalid by any court of competent jurisdiction the remaining provision of the agreement shall remain in full force and effect.
13. Liability by Conde Contemporary, LLC : Exhibitor is solely responsible for its own materials and products at the Fair. Exhibitor shall not make a claim against Conde Contemporary, LLC, Technique Art Fair, its vendors and assistants, the owners of the venue or their heirs or assignees for loss, theft, damage or destruction of property or injury including death, unless caused by the willful misconduct or gross negligence of Conde Contemporary, LLC, its employees, agents or representatives. Exhibitor agrees to indemnify, defend and hold harmless Conde Contemporary, LLC its directors, officers, employees, agents, and representatives from and against any third party claims, losses or damages, attorney fees and costs arising out of or caused by Exhibitor's installation, removal, maintenance, occupancy or use of the Fair booth.
14. Force Majeure : The performance of the Application is subject to fire, flood, war, strikes, ciivil unrest, terrorism, government authority or any other emergency beyond the reasonable control of the parties that makes it impossible or illegal for Conde Contemporary, LLC to hold the Fair or for Exhibitor to participate.