Exhibitor Rules and Regulations

TASA | TASB Convention — Exhibitor Rules and Regulations

These Rules and Regulations apply to any vendor or organization (Exhibitor) proposing to enter into an exhibit contract (Contract) with Texas Association of School Administrators (TASA) and Texas Association of School Boards, Inc. (TASB) (collectively, TASA|TASB) for their Convention trade show. The Contract consists of the exhibitor application and these Rules and Regulations. The submission of an exhibitor application, with or without payment, does not constitute a contract. No contract exists until Exhibitor is notified in writing that its application has been accepted by TASA|TASB. TASA|TASB reserve the right to decline any application and will refund any payments that have been made if an application is declined.

1. SPACE ASSIGNMENT

Efforts will be made to assign exhibit/booth space in accordance with Exhibitor’s specified preference; however, no guaranty is made by TASA | TASB that Exhibitor’s preference will be met. Efforts will be made to avoid placing competitors adjacent to each other. On-site booth sales will be processed based on the TASA|TASB Priority Point System. All other booth sales will be processed in the order in which they are received.

2. EXHIBIT DISPLAY SPACE

TASA|TASB will provide display space to Exhibitor as indicated on the official floor plan, to the extent possible, but reserves the right to make any changes in the interest of any Exhibitor or TASA|TASB. TASA|TASB reserves the right to decline or prohibit any exhibit product or service that, in their sole judgment, does not fit the character of the Convention. This reservation is all-inclusive as to persons, things, printed matter, products, and conduct.

3. SUBLETTING SPACE

No Exhibitor may assign, sublet, or apportion exhibit space in whole or in part, nor exhibit any products or services other than those provided or sold in the normal course of Exhibitor's business.

4. EXHIBIT SPACE

Each booth measures 10' across the front and 10' deep. Each booth will be equipped with a 44" x 7" header sign and cloth walls on an aluminum pipe framework. Back walls will be 8' high; divider partitions will be 3' high. All equipment must be purchased and requested by using the appropriate forms in the Exhibitor Service Kit. Additional information about furniture, carpeting, utility outlets, and complete display service information will be included in the Exhibitor Service Kit.

5. HEIGHT LIMITATIONS FOR DISPLAYS

Exhibitor shall not display or place any product, sign, partition, person, apparatus, shelving, or other construction that extends more than 8' above the floor or more than 4' forward from the back wall of the booth, with the exception of such products as school buses or freestanding island spaces, subject to the approval of TASA|TASB. Displays between the back construction and the front of the booth may be no higher than 4'. No interference with the light or view of other Exhibitors is permitted.

6. MOVE-IN AND MOVE-OUT

All exhibit installations must be completed by the Move-In Date. Any space not claimed and occupied or for which no special arrangements have been made before 6 p.m. on the Move-In Date may be resold or reassigned by TASA|TASB without any obligation on the part of TASA|TASB for any refund whatsoever. In the event Exhibitor or its agents request a late installation, a call must be made to the Exhibits Manager before 6 p.m. on the Move-In Date. Exhibitors are required to participate during all show hours each day as listed in the Exhibitor Service Kit. Exhibitor understands and agrees that early withdrawal from Exhibitor's space could adversely affect TASA|TASB and could cause TASA|TASB to incur additional expenses. If Exhibitor fails to exhibit throughout all show hours, TASA|TASB reserves the right to adversely consider Exhibitor's record of non-performance in future Convention contract opportunities.

Exhibitors may not use escalators or passenger elevators to transport equipment or freight into or out of the facility that is hosting Convention (Facility). No vehicle may be parked in the loading dock for more than 15 minutes. Vehicles are allowed in the dock area strictly for loading and unloading purposes. Dismantling of displays must not begin until after exhibits close at the times listed in the Exhibitor Service Kit. All exhibits must be removed and the building vacated by the Move-Out Date. No one under the age of 18 is permitted in the Exhibit Hall during move-in or move-out.

No installing, dismantling, rearranging, repairing, servicing, removing, or supplementing of exhibits are permitted during the viewing hours without the permission of TASA|TASB. Dismantling of displays must not begin until after the exhibits close in order to assure the safety of TASB|TASA members and exhibitors.

To ensure the continuation of a smooth installation, dismantling, and operation during the Exhibition, official contractors can provide services. Complete details for the official contractors and the labor and services they provide are outlined in the Exhibitor Service Kit. An Exhibitor-Appointed Contractor is any person or company other than the designated “official” or “exclusive” contractors that provide a service (e.g., supervision, display installation and dismantling, advertising agencies, models, florists, photographers, aquarium supply firms, computer firms, audio-visual firms, etc.) and requires access to the Exhibit Hall any time during move-in or move-out or show dates. Exhibitors are responsible for advising TASA|TASB of the names, addresses, and contracts for these Exhibitor-Appointed Contractors by submitting the Work Authorization Request Form included in the Exhibitor Service Kit. If TASA|TASB is charged a fee by the Facility because Exhibitor caused damage or did not properly remove material after the Convention, that fee will be passed on to Exhibitor.

7. EXHIBITOR COSTS

TASA|TASB is not responsible for any of Exhibitor’s costs. Exhibitor bears all responsibility for any costs it undertakes to comply with this Contract.

8. EXHIBITOR ADMISSION CREDENTIALS

Exhibitor must furnish TASA|TASB with an advance list of its representatives. Exhibitor must not send any representative who has been convicted of a violent felony (in any jurisdiction) or for whom Exhibitor has reason to believe might pose a danger to others. Representatives must register upon arrival at the exhibit area and must wear Exhibitor identification badges at all times. A maximum of 12 Exhibitor badges per contracting company will be issued without extra charge. Up to 13 additional Exhibitor badges may be purchased for $50 each. Exhibitor badges entitle the wearer to attend activities held in the Exhibit Hall and General Sessions.

Exhibitors who want to attend other Convention activities, such as Breakout or In-Depth Sessions or the Texas Council of School Attorneys meeting, must register as a Convention attendee and pay the full Convention registration fee at the TASA|TASB member rate. Exhibitors will be admitted to the Exhibit Hall one hour before the Exhibit Hall opens on each day of the Convention, and power and lights will be turned on at that time. Any special arrangements or requirements must be coordinated with TASA|TASB. Only six company representatives per 100 square feet of rented space are allowed in the booth at any given time.

TASA|TASB reserves the right to exclude from the exhibit area and/or the Convention, without any refund or reimbursement, any Exhibitor (including its employees, independent contractors, or agents of any kind) who breaches this Contract, behaves inappropriately (including sexual harassment) at Convention functions or in the Exhibit Hall, violates the law, misrepresents Exhibitor’s products or services, or otherwise brings discredit upon the Convention or TASA|TASB. Any such conduct shall constitute a material breach of this Contract.

9. PUBLICITY

TASA|TASB will publish and distribute to registrants a list of Exhibitors, their booth numbers, and their products and services. TASA|TASB reserves the right to publish a list of immediate past Exhibitors in the following year’s promotional materials and on the Convention Web Site. Web site links from the Convention’s online list of exhibitors will remain active July–December of the current Convention year.

Exhibitor authorizes TASA|TASB to capture or record Exhibitor’s exhibit space, including all persons and property situated therein, and use same in any medium (photograph, video, etc.) for any lawful purpose.

10. CANVASSING AND OTHER ACTIVITIES

Interviews, demonstrations, distributions of literature, etc., are permitted only within Exhibitor’s space. Samples or souvenirs may not be sold, and if distributed, must directly relate to merchandise displayed in Exhibitor’s booth. TASA|TASB does not permit non-exhibitors or non-sponsors to canvass, solicit, hold conferences, or distribute literature or other promotional devices during the Convention. Aisles must be kept clear of exhibit materials, and debris must be disposed of in building trash containers. Fire regulations in most exhibit facilities prohibit storing product, literature, empty packing containers, or packing materials behind back drapes or under draped tables. In most cases, however, Exhibitors may store a limited supply of literature or product appropriately within the booth area, as long as these items do not impede access to utility services, create a safety problem, or look unsightly.

Meetings, demonstrations, press conferences, or social functions held by Exhibitors must not be scheduled during exhibit hours or conflict with any official Convention activities unless approved by Show Management. Two priority points will be deducted for conducting such events in violation of this provision.

11. DRAWINGS, DOOR PRIZES AND OTHER GIFTS

Exhibitors may only provide prizes or gifts in accordance with law and the terms of this Contract. Exhibitors conducting drawings or offering prizes must comply with state laws prohibiting gambling and bribery of public servants. Personal tangible gifts to public servants should be limited to caps, T-shirts, coffee mugs, or other token items. In no event should the value of the personal gift exceed a $50 fair-market value. Additionally, no cash or cash equivalents (e.g., bank or gift cards) can be offered or provided to public officials or employees.

12. SALE OF MERCHANDISE

Unless otherwise prohibited by the Facility or by law, Exhibitor may sell products on the exhibit floor during regular exhibit hours, provided that (1) Exhibitor has given TASA|TASB prior written notice, and (2) Exhibitor defends and indemnifies TASA|TASB, including their respective employees, agents, representatives, directors, and officers, and holds and saves them harmless from every claim of any kind that may arise from the sale of such products, including without limitation, any consumer suit, complaint, or demand; any product liability suit; any claim for sales or use taxes; or any other claim, demand, or suit, whether in a court of law or equity or in an administrative forum. TASA|TASB reserve the right, in their sole discretion, to prohibit or discontinue sales for any reason, at any time. All Exhibitors, whether or not such Exhibitors have Texas business locations, must comply with all applicable laws, rules, and regulations including applicable provisions of city codes, building codes, fire codes, Facility rules and regulations, and state and federal laws and regulations.

13. GENERAL RULES

No part of the building shall be defaced in any manner, nor shall signs or other articles be posted, nailed, or otherwise affixed to any pillars, walls, doors, or other parts of the building. Helium balloons are not allowed in the Facility. Exhibitor is liable for the cost of removing excess debris. All internal combustion driver vehicles or machinery using flammable fuels involved in a display must have the least amount of fuel required (between one-eighth of a tank and empty). Gas caps must lock or be sealed with tape. Batteries must be disconnected while on display. Displays of vehicles must obtain the approval of the Host City’s Fire Department prior to the Convention. Exhibitors must comply with all rules and regulations of the Facility. Such rules and regulations are available for review by contacting the Facility directly or by contacting TASA|TASB Convention staff. No animals are permitted in the Facility unless written permission for such animal’s presence is given. With the exception of service animals, no animals are permitted in the Facility without TASA|TASB’s prior written consent. Exhibitor is responsible for and agrees to maintain proper control of any animals in the Facility, and further agrees to defend and indemnify TASA|TASB (including their respective employees, agents, representatives, directors, and officers) and the Facility and hold and save them harmless from any claim, liability, or loss, including without limitation attorneys’ fees, arising out of or related to the presence of such animals. To the extent applicable and enforceable by law, possession of firearms is forbidden in the Facility with the exception of licensed peace officers and licensed honorably retired peace officers.

14. NOISE AND SOUND

Musical instruments, radios, sound systems, motion-picture equipment, recorded music players, noise-creating devices, or amplifying systems shall be operated only at a level that will not interfere with other Exhibitors or add unduly to general acoustical inconvenience, and their operation must conform to TASA|TASB requirements.

 
15. INSURANCE

Exhibitor shall have the following insurance covering the dates of the TASA|TASB Convention (including Move-In and Move-Out Dates): (a) comprehensive general liability insurance for bodily injury or death and property damage relating to Exhibitor’s use of the Convention Center, including its assigned exhibit space, in the amounts of $500,000 per occurrence and $1,000,000 aggregate, with coverage extending to the acts and omissions of Exhibitor and its employees and agents; (b) employers liability insurance with minimum limits of $500,000 per accident or injury and disease limits of $1,000,000 per policy; (c) workers’ compensation per statutory amounts; (d) automobile liability insurance covering owned, non-owned, and hired vehicles, with a combined single limit of $1,000,000. The Host City and TASA|TASB shall be named as additional insureds on all such insurance by appropriate endorsement and all policies shall contain an endorsement waiving any claim or right of subrogation against the Host City and TASA|TASB.

16. COPYRIGHT/INTELLECTUAL PROPERTY

Exhibitors are responsible for obtaining permission or the license to use any copyrighted work that is performed, broadcasted, or displayed by such Exhibitor during the TASA|TASB Convention and to be prepared to furnish proof to TASA|TASB of compliance with all intellectual property laws, including but not limited to copyright laws, if requested. Each Exhibitor assumes full liability for any infringement of intellectual property rights committed by or on behalf of such Exhibitor and agrees to (a) defend and indemnify TASA|TASB, including their respective employees, agents, representatives, directors, and officers, (b) hold and save them harmless, and (c) assume all costs and damages for any direct or indirect liability TASA|TASB may incur by such infringement. For any infringement committed, each Exhibitor agrees to assume the duty to defend, including paying for all costs associated with the infringement defense, giving TASA|TASB the right to control litigation and choice of counsel. The provisions of this section shall survive the termination of this Contract.

17. INDEMNITY AND LIABILITY PROTECTION

A. PROTECTION FOR TASA|TASB: Exhibitor agrees to defend and indemnify TASA|TASB, including their respective employees, agents, representatives, directors, and officers, and hold and save them harmless from and against all claims, actions, damages, losses, expenses, and liabilities arising out of any act, omission, negligence, or misconduct of Exhibitor or any of its employees, agents, representatives, or contractors at the Convention Center, including the Exhibit Hall and Exhibitor’s assigned space, and any failure to comply with this Contract by Exhibitor or any of its employees, agents, representatives, or contractors. EXHIBITOR RELEASES TASA|TASB FROM ANY LIABILITY RELATING TO THE LOSS OF OR DAMAGE TO EXHIBITOR’S GOODS OR PROPERTY AT THE CONVENTION CENTER. EXHIBITOR AGREES THAT TASA|TASB’S MAXIMUM LIABILITY UNDER THIS CONTRACT WILL NOT EXCEED THE TOTAL AMOUNT EXHIBITOR PAID TO TASA|TASB PURSUANT TO THIS CONTRACT. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS CONTRACT.

B. PROTECTION FOR HOST CITY: Exhibitor agrees to defend and indemnify the Host City, the owner of the Exhibit Hall, and hold and save it harmless from and against all claims, actions, damages, losses, expenses and liabilities arising out of the act, omission, negligence, or misconduct of Exhibitor or any of its employees, agents or contractors at the Convention Center, including the Exhibit Hall and Exhibitor’s assigned space, for the Convention under this Contract. EXHIBITOR RELEASES THE HOST CITY FROM ANY LIABILITY RELATING TO THE LOSS OR DAMAGE TO EXHIBITOR’S GOODS OR PROPERTY AT THE CONVENTION CENTER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS CONTRACT.

18. TERMINATION/REMEDIES

This Contract may be terminated under any of the following circumstances.

A. Exhibitor may terminate this Contract, without any liability, if the performance of this Contract by Exhibitor is made impossible or illegal by acts of God, war, government regulation, public health order, or civil disorder (each, a “Force Majeure Event”), provided that Exhibitor gives written notice to TASA|TASB within 10 days of learning of any Force Majeure Event.

B. TASA|TASB may terminate this Contract if Convention is cancelled for any reason. Exhibitor’s fees will be refunded only if the entire in-person Convention is cancelled and is not replaced with a “virtual” or “hybrid” Convention under Section 26 of these Rules and Regulations.

C. TASA|TASB may terminate this Contract if Exhibitor fails to comply with these Rules and Regulations, and Exhibitor shall be liable for any damages and reasonable attorney’s fees incurred by TASA|TASB as a result of Exhibitor’s failure to comply.

D. Exhibitor may cancel its application at any time before Exhibitor is notified that the application has been accepted by TASA|TASB and will receive a full refund of any payments made by Exhibitor.

E. After Exhibitor is notified that the application has been accepted by TASA|TASB and that Exhibitor is under Contract:

(i) if Exhibitor terminates this Contract on or before June 30 of the year in which Convention occurs, Exhibitor will receive a refund of all payments made by Exhibitor minus a $200 processing fee; and

(ii) if Exhibitor terminates this Contract on or after July 1 of the year in which Convention occurs, no refunds will be granted.

F. TASA|TASB reserves the right to terminate the Contract if all required payments are not received from Exhibitor by July 1 of the year in which Convention occurs.

19. COMPLIANCE/NON-WAIVER

TASA|TASB reserves the right to make ancillary rules and regulations, as TASA|TASB deems necessary or appropriate to enhance the success of the TASA|TASB Convention, in the form of the Exhibitor Service Kit or other written format that provides notice to Exhibitor. However, any such ancillary rules and regulations shall not conflict with the terms of this Contract or otherwise diminish either party’s rights hereof. Failure of TASA|TASB to declare any violation of the Contract immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such violation. TASA|TASB shall have the right to declare any violation at any time and take any action authorized by this Contract or by law. Any and all matters not specifically covered by these rules and regulations shall be subject to the decision of TASA|TASB, consistent with this Contract.

20. NON-DISCRIMINATION/HARASSMENT POLICY

TASA|TASB is committed to providing a welcoming, civil, and safe environment for all participants and guests. TASA|TASB will not tolerate any form of unlawful discrimination, harassment, or offensive conduct by any person toward any of our staff, registrants, guests, or other participants. Anyone deemed to be in violation of this policy will be required to leave the event and no refund will be issued. Anyone wishing to report conduct that violates this policy should visit the attendee registration desk and speak with a TASA|TASB representative. However, anyone who feels in danger should contact law enforcement (911) or security at the Facility immediately.

21. USE OF LOGOS AND TRADEMARKS

Exhibitor will be provided with a media kit containing material that exhibitors may use in their promotional material as a Convention exhibitor. Exhibitor may only use that media kit material, must follow the guidelines established in the media kit, and cannot copy or manipulate TASA, TASB or TASA|TASB Convention logos, trademarks, or other intellectual property without their prior written permission. Unless otherwise set out in a separate written agreement, any promotional material must not indicate or imply that TASA, TASB or the TASA|TASB Convention created or endorsed the material or Exhibitor. Exhibitor's material must not be misleading about its relationship with TASA, TASB or the TASA|TASB Convention as an exhibitor. Nothing in this Contract makes Exhibitor a Convention sponsor, underwriter, or endorser, and Exhibitor shall not communicate or imply otherwise.

22. AMERICANS WITH DISABILITIES ACT

Exhibitor agrees to comply with the laws and regulations set forth for public accommodation by the Americans with Disabilities Act (“ADA”) and applicable state and local law. Exhibitor further agrees and warrants that any Exhibitor booth, display, or other contrivance placed in the exhibit space licensed to Exhibitor by TASA|TASB shall at all times comply with the ADA and applicable state and local law, including accessibility, usability, and configuration. Exhibitor further agrees to fully defend and indemnify TASA|TASB, including their respective employees, agents, representatives, directors, and officers, and hold and save them harmless from any and all claims or actions (including administrative claims) brought against TASA|TASB as a result of Exhibitor being in violation of the ADA, its regulations, or applicable state or local law during the period of this Contract, including the amount of any claim or judgment TASA|TASB is compelled to pay, and the costs, including attorney fees incurred by them in defending against all such claims. TASA|TASB reserves the right to revoke this Contract without penalty if it determines that Exhibitor is in violation of the ADA or any other law with respect to any exhibit booth, display, or other contrivance placed in the space licensed to Exhibitor under this Contract.

23. VENUE

This Contract is governed by Texas law and venue for any legal proceeding concerning this Contract shall lie in the state or federal courts located in Travis County, in Austin, Texas.

 
24. SURVIVAL

Exhibitor agrees that it shall remain obligated to TASA|TASB under all clauses of this Contract that expressly or by implication survive the expiration of the period contemplated by this Contract.

25. ENTIRE AGREEMENT

This Contract represents the complete understanding of the parties. Unless specifically provided otherwise in this Contract, TASA|TASB may amend this Contract by providing Exhibitor written notice of the amendment at least 30 days before the amendment’s effective date (which shall be stated in the notice) or at least 20 days before Convention. If TASA|TASB presents such an amendment to Exhibitor, Exhibitor may cancel this Contract, without payment of any cancellation fees and with a full refund of any payments made to TASA|TASB related to this Contract as of the date of cancellation, by providing written notice to TASA|TASB prior to the amendment’s effective date. If Exhibitor does not provide TASA|TASB a written notice of termination by the effective date, the amendment shall be considered accepted by conduct. Exhibitor’s signature will not be required for the amendment to be effective.

26. VIRTUAL OR HYBRID CONVENTION

A. TASA|TASB may, in their sole discretion and for any reason, hold a “virtual” Convention over the internet in place of an in-person Convention or may hold a “hybrid” Convention that includes both in-person and virtual events.

B. If TASA|TASB chooses to hold a virtual or hybrid Convention, TASA|TASB will provide written notice to Exhibitor. Such written notice will include a description of the benefits offered to Exhibitor in place of or in addition to the benefits offered for an in-person convention.

C. Upon written notice of a virtual or hybrid Convention, Exhibitor will have 10 days from the date of the written notice to cancel this Contract without payment of any cancellation fees and with a full refund of any payments made to TASA|TASB related to this Contract as of the date of cancellation. If Exhibitor does not cancel this Contract within 10 days of the date of the written notice, (i) Exhibitor will be deemed to have accepted both the change to a hybrid or virtual Convention and any resulting change in benefits offered to Exhibitor, and (ii) any subsequent cancellation of this Contract will be ineligible for refund and will be subject to any applicable cancellation fees.

D. The replacement of an in-person Convention with a hybrid or virtual Convention shall not constitute a cancellation or termination of Convention or this Contract under Section 18 of this Contract or an amendment or breach of this Contract.

27. NON-ENDORSEMENT

The views expressed in presentations and materials distributed and displayed at Convention are the views of the presenters only and do not necessarily reflect the views of TASA, TASB, or their respective members, officers, directors, executive committees, employees, agents, or representatives.

 
28. INFORMATION SHARING

Exhibitor authorizes TASA|TASB to share information regarding Exhibitor with third-party service providers to be used to fulfill the requirements of this Contract and to perform other duties in connection with Convention. The information shared may include Exhibitor’s name, address, phone number, and email address, as well as the name, email address, and other contact information of Exhibitor’s personnel who were disclosed to TASA|TASB.

29. COVID-19 COMPLIANCE AND WAIVER

Exhibitor acknowledges that in-person attendance at an event is completely voluntary. BY EXHIBITING AT THIS EVENT, EXHIBITOR HEREBY WAIVES ANY AND ALL CLAIMS AGAINST TASA AND TASB, INCLUDING ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, EXECUTIVE COMMITTEES, EMPLOYEES, AGENTS, AND REPRESENTATIVES, FOR ANY COVID-19 EXPOSURE OR RELATED ILLNESS OR HARM THAT RESULTS FROM EXHIBITOR’S IN-PERSON PARTICIPATION IN THIS EVENT. Exhibitor further agrees to comply with any COVID-19 Safety Measures published by TASA|TASB, as well as any safety guidelines or protocols posted or communicated by the Facility or any governmental authority.

v. 12/21/2022