These Exhibitor Contractual Terms and Conditions between the American Water Works Association (AWWA) and the Exhibitor are part and parcel of the Exhibit Space Reservation Form and Agreement (Agreement) between Exhibitor and AWWA. The Exposition, to which these Exhibitor Contractual Terms and Conditions is applicable, is sponsored and managed by AWWA, a nonprofit corporation headquartered in Denver, Colorado. For specific dates of the conference and exhibition, please refer to the Exhibitor Prospectus for the specific conference.
1. PURPOSE OF EXPOSITION: The exposition is an integral part of the conference, complementing the technical sessions and enabling registrants to interact with experts, examine and evaluate state-of-the-art equipment, supplies, services, and technologies related to the water industry. Exhibitor must plan its exhibits for this purpose.
2. ELIGIBILITY: Any company manufacturing or providing products for or services to the water industry is eligible to apply to become an exhibitor. AWWA reserves the right to determine the eligibility of any exhibit or exhibitor in its sole discretion and has the right to close or reconfigure any exhibit that is found to violate the agreement described herein during the course of the exposition. Eligibility does not guarantee or entitle an applicant to exhibit, or to exhibit in a particular place, manner, or exhibit size. AWWA reserves the sole right and final authority to determine if exhibitor participation meets the broadest interests of the exposition and conference attendees and exhibitor group as a whole.
3. ASSIGNMENT OF SPACE: The Exhibit Space Reservation Form and Agreement between Exhibitor and AWWA is the only means by which an exhibitor may reserve space. Specific conditions of space assignment and deposits vary by conference. Each Exhibitor Prospectus contains exact amounts and details.
AWWA will assign onsite space assignment appointments based on priority points. In the case that AWWA does not conduct onsite space assignment for specific conference AWWA must receive Exhibitor Space Reservation Form and Agreement between Exhibitor and AWWA by the space assignment date (see Exhibitor Prospectus for specific dates) to take advantage of priority points. Priority points are earned as follows:
1 point is awarded per each 10' x 10' paid booth
1 point is awarded for AWWA Service Provider Membership (must be current through the end of the conference)
5 points are awarded for utilizing the AWWA Housing Bureau for an exhibitor block – ACE ONLY•1 point is awarded per $3,425 of ACE sponsorship
Exhibitor’s total priority points may be used for the next specific AWWA conference to determine Exhibitor’s ranking for choosing booth location. Preferred booth location choices and booth separation of Exhibitor cannot be guaranteed by AWWA. After the space assignment date AWWA will assign exhibit space on a first-come, first-served space-available basis. AWWA reserves the right to assign or reassign Exhibitor’s booth space so that the arrangement of the exposition is in the best interest of all attendees and exhibitors.
Points are considered an asset of the exhibiting company. In the case of a merger or purchase, the purchasing company must provide written proof of its purchase of the assets of that company. The parent company/purchasing company may use the higher points of the companies, thereby eliminating the lower points. Priority points cannot be combined. If the acquired/purchased company wants to keep all or a portion of the points this must be negotiated as part of the sales document.
Loss of priority points may occur if Exhibitor does not comply with the Agreement. If Exhibitor does not exhibit at a specific conference for two consecutive years all accumulated priority points well be lost.
4. PAYMENT POLICY: All booths are standard booth size units or multiples thereof. Specific payment schedules vary by conference. (Refer to Exhibitor Prospectus for schedules and amounts.) If the Exhibitor does not pay on schedule, the Exhibitor’s space reservation may be cancelled and reassigned at AWWA’s discretion.
5. CANCELLATION AND REFUND POLICY: Exhibitor must give notice of cancellation to AWWA in writing. If Exhibitor reduces the space reserved, this cancellation policy will apply to the cancelled portion of space, and AWWA reserves the right to relocate Exhibitor to new booth space to serve the best interests of the conference. In fairness to all exhibitors involved and to AWWA, the above policies regarding space assignment, payments and refunds, will be strictly adhered to by AWWA. Specific conditions of cancellation/refunds vary by conference. See Exhibitor Prospectus for policies schedule.
6. REGISTRATION OF EXHIBITOR PERSONNEL: AWWA will provide three (3) complimentary registrations with Exhibitor’s purchase of each standard booth. Booth staff badges allow access to the exhibit hall and the technical sessions. Additional registrations for exhibit personnel may be purchased at a nominal fee. Registration forms and policies will be provided in the Service Kit.
7. USE OF EXHIBIT SPACE:
A. Exhibitor agrees to limit the service and or materials/products displayed in its exhibit area to those purveyed by Exhibitor, with the exception of proprietary equipment used for the purpose of demonstrating the materials or services of Exhibitor. Such proprietary equipment may not be promoted in any manner.
Exhibitor may not assign, sublet or share any part of the exhibit space contracted to it. Only division companies with a common parent company may lease booth space jointly, and a minimum of one standard booth per division is required. For program/directory listings, only one company name listing is allowed per each standard booth space.
B. During show hours, each exhibit must be staffed by an Exhibitor representative. Exhibitor and its representatives shall be dressed modestly in good business taste and shall conduct themselves in a professional manner at all times during the exhibition.
C. All material used by Exhibitor in exhibit booths must be fireproofed and Exhibitor must obtain advance approval from the city fire marshal to use open flames, any kind of compressed gas or explosive fuels, heat or other potentially dangerous medium. Exhibitor must furnish copies of all correspondence with the city fire marshal to AWWA Show Management. Exhibitor accepts full responsibility for compliance with national, state, and city fire safety regulations.
D. Exhibitor’s equipment demonstrations and other sales presentations must be confined to Exhibitor’s booth, and at a noise level not offensive to nearby exhibitors. Exhibitor must terminate any form of attention-getting device or presentation when crowds jam aisles or infringe upon other exhibitors’ areas. Exhibitor may not use flashing lights or other distractions.
E. Exhibitor may not cement, nail, tack, tape or attach any material to any floor, wall, or column unless approved in advance by AWWA Show Management in writing.
F. Exhibitor business activities, giveaways and advertising matter may only be conducted and/or distributed within Exhibitor’s assigned booth. Exhibitors and their representatives found canvassing the exhibit hall will be asked to leave the premises. Prizes, drawings, awards, raffles, lotteries, or promotion of special discount offers must be equally offered to all attendees, and only promoted within Exhibitor’s assigned booth. Exhibitor is responsible for security and storage of give-away items. Exhibitor is not allowed to solicit, which includes placing signs or handouts on any conference hotel and convention center grounds or parking areas. Exhibitor should avoid bottled water as a give-away because the majority of the attendees work for municipal drinking water suppliers. Water bottled by a utility may be provided.
G. Exhibitor is not permitted to sell products for delivery at the show. Orders may be taken for future delivery only. Show management is exempt from this restriction.
H. Exhibitor and its representative may not smoke at the exposition, sessions, and social functions.
I. Any surveys by Exhibitor must be conducted within Exhibitor’s booth space only and must contain the following disclaimer in print on the survey: “Data in this survey is not being submitted to or collected by the American Water Works Association”. Surveys require prior written approval from AWWA Show Management. If Exhibitor or its representatives conduct surveys outside the booth, AWWA will ask them to leave the premises.
J. Videotaping and photography are prohibited at all AWWA events, unless written permission is obtained from AWWA Public Affairs staff at least 7 days prior to the event. AWWA will consider giving permission to videotape only for editorial and non-commercial purposes. AWWA prohibits without exception videotaping or photography for commercial or promotional purposes, or as part of any survey, summary, or other service to be packaged, marketed and/or sold to current or prospective exhibitors. Violations of the foregoing by Exhibitor or its representatives may result in Exhibitor’s immediate removal from the exhibition or event premises, without prior notice, and Exhibitor will be prohibited from attending future AWWA events. Exhibitor may submit a request for permission to videotape for editorial purposes by completing the press application, available in the pressroom at www.awwa.org.
K. By requesting a digital file of the names, marks, and logos of the American Water Works Association (collectively, the “Marks”), Exhibitor agrees to be bound by the following restrictions: Exhibitor may depict the Marks solely in original, unmodified, unedited form, and solely for purposes of announcing and publicizing Exhibitor’s attendance, exhibition, and/or sponsorship at a AWWA event, and solely for a pre and post promotion not to exceed five (5) consecutive months. All other uses of the Marks are strictly prohibited. All benefit and goodwill derived from Exhibitor’s use of the Marks will inure to the benefit of AWWA. All materials on which the Marks appear must contain the following notice: “AWWA does not sponsor, endorse, or affiliate with the third-party companies, products or services.”
8. ARRANGEMENT OF EXHIBITS: Exhibitor must display and arrange materials in such a manner so as not to obstruct sight lines of neighboring exhibitors. All booth heights are subject to change based on height restrictions in the exhibit hall.
In-Line or Linear (non-island) Booths: (examples: 8'x 10' or 10' x 10' = 1, 8'x 20' or 10'x 20' = 2, 8'x 30' or 10' x 30' = 3, etc.)
- Maximum booth height of eight feet (8').
- Maximum height for displays is 8' from the back drape; ½ the depth of the booth.
- Height restriction of four feet (4') imposed on all materials in the remaining space forward to the aisle.
- Products which in their normal configuration exceed 8’, will be permitted with prior approval from show management, however, logos or signs may not be attached to that portion of the product which extends above the 8' height limitation
Perimeter Wall Booths:
- Maximum height of twelve feet (12').
- All of the above rules for In-Line or Linear booths apply.
- A minimum of four standard booths placed in a 20' x 20' configuration is required.
- Maximum height of twenty feet (20') for ACE
- Maximum height of sixteen feet (16') for specialty conferences (may be lower based on exhibit hall ceiling heights).
- The entire cubic content of the booth up to the maximum height of the booth may be used for display.
- Only exhibitors with island booths are allowed to suspend from or attach signs, parts of exhibits or any other exhibit materials to the ceiling of the exhibit hall.
- Maximum height of twenty feet (20') from the floor to the top of the sign for ACE.
- Maximum height sixteen feet (16') from floor to top of sign for specialty conference may be lower based on exhibit hall ceiling height).
- The sign must remain within the confines of booth space and will not extend out past contracted square footage.
- Not permitted
9. BOOTH APPEARANCE REQUIREMENTS:
A. Exhibitor must provide booth carpet unless the exhibition is located in a room that is carpeted. If the Exhibitor has not ordered booth carpet by one hour prior to the end of exhibitor move-in, AWWA will order the carpet and Exhibitor agrees to pay for all charges incurred. AWWA is not liable for damages that may occur during Exhibitor’s set-up of its exhibit.
B. Exhibitor shall keep assigned space neat and clean at all times.
C. All exposed parts of displays and/or equipment must be finished or covered by Exhibitor in a professional manner, so they do not present an unsightly appearance when viewed from adjoining booths or aisles. Where it deems necessary, AWWA may order masking drape at Exhibitor's expense, without prior consent or knowledge of the Exhibitor.
10. PROHIBITED DISPLAYS/ITEMS
A. Helium balloons may not be used by Exhibitor as part of any exhibit. Cold air balloons are permitted with prior written approval of AWWA.
B. Exhibitor may not use overhead roofs or bridge-type structures or carpet, across aisles. Any booth with an overhead room or cover must receive prior approval from AWWA and the Fire Marshal. Exhibitor will be required to provide fire extinguisher, smoke alarms and other protective equipment.
C. Exhibitor may use mobile or trailer displays only in certain areas along perimeter walls where height permits. AWWA permission must be obtained by Exhibitor prior to use of this type of exhibit.
D. Exhibitor shall limit raised floors or platforms for addressing visitors and/or demonstrating exhibits to 1' above the floor, and space must be left within Exhibitor's area to accommodate spectators.
E. Exhibitor may not serve popcorn in the exhibit hall without prior written approval from AWWA. Exhibitor is responsible for the additional cleaning expenses related to serving popcorn.
F. Photography or Video Recording: Exhibitor shall not photograph or videotape the exhibit or product of another exhibitor without permission. If Exhibitor violates this rule, Exhibitor agrees to surrender film or tape immediately at the request of AWWA.
11. EXHIBIT SET-UP
A. Space Abandonment: Any space not claimed and occupied by the end of Exhibitor’s move-in may be resold or reassigned by AWWA without obligation of AWWA for any refund whatsoever.
B. Early Teardown: All exhibits of Exhibitor must remain intact and staffed until the exposition closes and may not be dismantled or removed before that time.
12. CONTRACTOR SERVICES: Complete information, instructions, schedules, and prices regarding shipping, drayage, labor for installation and dismantling, electrical, furniture or carpets, is included in exhibitor service manual. If Exhibitor intends to use a non-AWWA designated contractor for installation and dismantling or other services, Exhibitor must complete an exhibitor-appointed contractor form and return it to AWWA forty-five (45) days prior to the conference. Exhibitor’s contractor must order any labor needed, in addition to its full-time employees, from the official AWWA service contractor. All outside contractors must comply with AWWA Exhibitor Contractual Terms and Conditions, provide a certificate of insurance for liability and workmen's compensation to AWWA, and report to the registration counter for a pass before entering exhibit hall. Exhibitors and Exhibitor’s contractors are required to observe all union contracts in effect. Tipping is strictly forbidden for any personnel providing services to exhibitors.
13. CHILDREN: During show hours children of Exhibitor or its representatives must be accompanied by an adult at all times in exhibit hall.
No one under the age of 16 is allowed in the Exhibit Hall during move-in, move-out, or non-show hours. Children 16 and over, who are assisting with set-up or tear-down, must be covered by the Exhibitor’s insurance.
14. OFF PREMISES ACTIVITIES: Exhibitor may not conduct any activity outside of the exhibit area during show hours that will potentially remove any portion of the attendee audience from the exposition or any part of the conference, i.e. the opening general session or the professional session hours. This prohibition includes but is not limited to live demonstrations of equipment at sites, plants or other off-premises locations, and hospitality suites, receptions, luncheons or other social or educational events at hotels or restaurants by Exhibitor.
15. HOSPITALITY BOOTH FUNCTIONS: AWWA requires that a licensed bartender serve all alcohol. Self-service bars are prohibited. Exhibitor shall defend, indemnify and hold AWWA, its directors, officers, employees, agent and members harmless from and against any and all losses, damages, claims expenses and liabilities of any kind, including costs of defense thereof, caused by or arising from Exhibitor’s sale or service of alcoholic beverages. If Exhibitor receives permission to serve alcoholic beverages, Exhibitor must provide to AWWA a certificate of insurance showing coverage for Liquor Liability and naming AWWA Show Management as additional insured.
16. LIABILITY: Exhibitor agrees that neither AWWA nor the Leased Exhibit Facility assumes any responsibility for protection and safety of Exhibitor, its representatives, agents, employees, exhibits or property of exhibitors or its representatives. Any guard service, security room, or other protective measures that AWWA may take shall be deemed to be purely gratuitous on its part, and AWWA shall have no responsibility for effectiveness or failure of such measures, or for conduct of personnel involved therein. Exhibitor agrees to indemnify and hold harmless AWWA, including its officers, directors, agents, employees, contractors, assignees, and insurers, and the other exhibitors at the conference from and against any and all claims, losses, damages, liabilities and expenses, including attorneys fees, consultant fees, and court costs, incurred by AWWA, the Leased Exhibit Facility or other exhibitors in defending against or satisfying or compromising any such claim arising out of any injury to persons or property caused by any act or omission of Exhibitor or its representatives, agents, employees or contractors.
Exhibitor shall have general liability insurance of not less than $1,000,000, covering any and all claims for injuries to persons in or upon the assigned booth space, including all injuries or damages from booths, signs, or other apparatus or equipment now or hereafter erected on such space, and the insurance policies required hereunder shall name AWWA as an additional insured. Exhibitor shall furnish AWWA with evidence of such insurance coverage upon AWWA’s request.
17. AMERICANS WITH DISABILITIES ACT: Exhibitor is reminded that nondiscrimination and disability laws ensure equal access to all participants at AWWA events. It is the responsibility of the Exhibitor to make its booth space fully accessible to persons of all races, colors, national origins, genders, disabilities and other protected classifications and to comply with all applicable laws and regulations, including without limitation the American with Disabilities Act.
18. CHANGE OF LOCATION OR CANCELLATION OF EXPOSITION: Should for any reason the selected meeting place not be available for exhibiting or should other contingencies prevail which, in the opinion of AWWA, would prohibit or greatly limit attendance at the Conference, AWWA has the right to cancel the exposition or move the location to another facility or city at the discretion of the AWWA Board of Directors, and shall not be liable for any expenses incurred by reason thereof. In event of cancellation of the Exposition, AWWA will credit all space charges paid by Exhibitor to the rescheduled event or another AWWA product, event or service.
19. INTERPRETATION AND ENFORCEMENT: Exhibitor agrees to abide by these terms and conditions when the Exhibit Space Reservation Form and Agreement between Exhibitor and AWWA is signed by the parties, and these terms and conditions become part of the contract between the exhibitor and AWWA. This Agreement shall be construed in accordance with the laws of the State of Colorado and venue for any lawsuit arising out of this Agreement shall be in the Denver District Court, State of Colorado. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Violation of these provisions could result in Exhibitor’s immediate dismissal from the exposition without refund or appeal.