Conditions of Contract
The following additional terms and conditions apply to all individuals, corporations and other persons that contract with AIM Management to (i) provide, display and/or operate an exhibit at the Show (as such terms are hereinafter defined) (“Exhibitors”) or (ii) provide sponsorship for the Show (“Sponsors”). By purchasing an exhibit at a Show, or agreeing to sponsor a Show, Exhibitor/Sponsor accepts these terms and conditions in respect of such Show, which are made in consideration of such exhibit/sponsorship payments and the mutual terms herein and otherwise in each Exhibitor’s/Sponsor’s agreement with AIM Management, and these terms and conditions form an integral part of such agreements.
- Exhibitor/Sponsor agrees to abide by all the regulations and rules adopted from time to time by Glacier FarmMedia Limited Partnership (by its general partner, Glacier FarmMedia GP Inc.), doing business as Ag in Motion™ (“AIM Management”), in its sole discretion to facilitate the operation of the annual Ag in Motion Show at Langham, Saskatchewan (“the Show”).
- Space contracted by Exhibitor represents a non-exclusive licence to occupy such space. Complete move in/move out details will be provided by AIM Management. Exhibitor may not invite other organizations to participate in their space or display third-party products or signage without the prior written permission of AIM Management, which may be withheld in its sole discretion. AIM Management reserves the right to alter or change the space assigned to Exhibitor or adjust the location or deliverables of a Sponsorship as may be deemed necessary for the operation of the Show.
- No Exhibitor shall move its exhibit location, unless approved by AIM Management. Exhibitor agrees to confine the presentation within the contracted space only and within the Show rules and regulations and to always maintain a staff member in Exhibitor’s booth space at all times.
- Exhibitor agrees that no display may be dismantled, or goods removed during the entire run of the Show but must remain intact until the closing hour of the last day of the Show. Exhibitor also agrees to remove exhibit, equipment and appurtenances from the Show site within 30 days of the last day of the Show, or in the event of failure to do so, Exhibitor agrees to pay (i) a daily fee for any equipment/items remaining after that date; and (ii) for such additional costs as may be incurred by AIM Management to remove any equipment/items (such as assistance with loading same or removing same after the removal deadline).
- Exhibitor further agrees to place its exhibit and displays so line of sight is maintained for neighbouring exhibits. No Exhibitor will enter, or move items from, another exhibitor location.
- All electrical service and tent rentals must be arranged through the official Show suppliers.
- Subject to clause 10 below, AIM Management shall govern the importation, purchase, type, spreading and removal of all ground material, such as, but not limited to bark, gravel, sawdust, wood chips, etc.
- Exhibitor shall not disturb the exhibit space (drilling, digging, trenching, etc.) without obtaining written approval and on-site authorization from AIM Management. All damages, losses or claims whatsoever arising from disturbing or interfering with the exhibit space, including space of other Exhibitors, will be the sole responsibility of Exhibitor.
- Exhibitor must obtain written approval from AIM Management before the showing of any live entertainment, or the use of live animals. Where live animals are permitted by AIM Management, Exhibitors covenant that they will ear tag all animals as required by applicable laws and regulations (including as required for identification by the Canadian Cattle Identification Agency). AIM Management shall not be held responsible for any damages, injury, loss, cost or theft, however caused, relating to livestock brought on site (including without limitation any injury or death to any livestock). This clause remains in effect whether or not such injury, damage or loss resulted from or was contributed to, directly or indirectly, by the acts or omissions of the AIM Management.
- Exhibitor shall leave its exhibit location in tidy condition after removal of its exhibit and equipment, in substantially the condition it was in before the Show. AIM Management may charge a “site clean-up fee” to assist with the cost of cleaning remaining shavings, woodchips, mulch, other debris and completing any major turf repairs for Exhibitors lots that need additional post Show attention.
- AIM Management reserves the right at any time to alter or remove exhibits or any part thereof or sponsorship materials, including printed material, products, signs, lights or sound, and to expel Exhibitor/Sponsor or its personnel and to immediately cancel its agreement with an Exhibitor/Sponsor if, in AIM Management’s opinion, the Exhibitor’s/Sponsor’s conduct or presentation is objectionable to other Show participants or if Exhibitor/Sponsor or anyone on its behalf makes any deception or misrepresentation as to the products or services offered.
- AIM Management reserves the right to terminate any Exhibitor or Sponsorship agreement at any time and withhold access to and possession of exhibit space if Exhibitor or Sponsor fails to perform any material condition of its agreement with AIM Management (including any of these terms and conditions) or refuses to abide by the Show rules and regulations. In the event of such termination, Exhibitor/Sponsor shall waive and forfeit any payments made prior to such date, and the right to any further occupancy of such space, and agrees that AIM Management shall have no further obligation or responsibility in respect of its agreement with Exhibitor/Sponsor.
- In the event the Show is cancelled for any reason, Exhibitor/Sponsor waives any and all damages and claims for damages and agrees that the sole liability of AIM Management (as herein defined) shall be to return to each Exhibitor/Sponsor its payment(s) made to such date, less the Exhibitor’s/Sponsor’s prorated share of all costs associated and expenses incurred and committed by AIM Management.
- Exhibitor or Sponsor may cancel their agreement with AIM Management, provided that written notice of termination is received by AIM Management at least six months prior to the first day of the Show, in which case all monies paid will be refunded. Within six months of the first day of the Show:
- If an Exhibitor cancels on or prior to ninety (90) days before the first day of the Show, Exhibitor will be responsible to pay for 50% of the total contracted space costs, plus applicable taxes.
- If an Exhibitor cancels within ninety (90) days prior to the first day of the Show, Exhibitor will be responsible to pay 100% of the total contracted space, plus applicable taxes.
- If a Sponsor cancels on or prior to ninety (90) days before the first day of the Show, 50% of the Sponsorship Fees will be refunded, less any additional costs that AIM Management has incurred for the printing, publication or procurement of promotional materials related to the Sponsorship.
- If a Sponsor cancels within ninety (90) days before the first day of the Show, Sponsor will be liable for 100% of the total Sponsorship fees, plus applicable taxes.
- Exhibitor/Sponsor will be liable for and will indemnify and hold harmless AIM Management, its affiliates and its successors and assigns, their respective directors, officers and employees, COFS Property LP and the Regional Municipality of Corman Park, from any loss or damages incurred or suffered by them whatsoever where said loss or damages arose from or were in any way connected with the Exhibitor’s/Sponsor’s use of the site (whether before, during or after the Show) and attendance at or participation in the Show or any pre- or post-Show site visits (including any exhibits, demonstrations or presentations), or other actions or omissions in connection with the Show, including without limitation any and all liability for any damage to or destruction of property of, personal injury to, or death of, any person.
- Exhibitor shall secure and furnish evidence of comprehensive general liability insurance with a limit not less than $5,000,000 inclusive including coverage for premises and operations, products and completed operations. Exhibitor is responsible for the cost and placement of all insurance related to any potential loss or damage resulting from participating in the Show. It is recommended to Exhibitors that valuable, easily transportable items be removed from the site nightly.
- Exhibitor/Sponsor covenants and agrees that:
- Exhibitor is responsible for complying with all applicable federal, provincial and municipal laws and licences with respect to its products and exhibit. This includes and is not limited to: labour legislation and temporary and foreign worker legislation and immigration requirements while working at the exhibits.
- Exhibitor is responsible for collecting and remitting to the appropriate government authorities all sales and other taxes as applicable with the respect to the sale of products, or services from the exhibit or concession(s).
- Exhibitor will provide all government inspectors or agents all information required in the conduct of their investigations and will not impede or overrule the work of any government inspector in any area of their jurisdiction.
- If Exhibitor uses any type of fuel such as gas, oil or propane in its exhibit or concession location(s) Exhibitor shall contact the local fire department to discuss all matters pertaining to the installation of such equipment.
- Exhibitor will not dispense, whether for a price or free of charge, any food or beverage from any common space, roadway, aisle, or contracted space except as specifically provided for in this agreement.
- If an Exhibitor/Sponsor wishes to run a promotional contest at or in connection with the Show, such Exhibitor/Sponsor is responsible to comply with in accordance with applicable laws, including without limitation the Criminal Code (Canada) and the Competition Act (Canada), and Exhibitor/Sponsor shall indemnify and hold harmless AIM Management in respect of any liability, loss or damage relating to any such promotional contest.
- The selling of raffle tickets or soliciting of donations by Exhibitor from any common space, road-way, aisle or contracted space is prohibited except as specifically provided for in this agreement.
- GENERAL PRIVACY CLAUSE. AIM Management requires that all Exhibitors adhere to the requirements of The Personal Information Protection and Electronic Documents Act as currently in effect, including as it pertains to collection of personal information from attendees and/or other Exhibitors at the Show. Consent to communications must be obtained and recorded in accordance with all privacy and anti-spam laws. Exhibitor/Sponsor shall indemnify and hold harmless AIM Management in respect of any liability, loss or damage relating to a breach of this provision.
- AIM Management hereby grants to Exhibitor/Sponsor a limited and non-exclusive license to use the name and marks associated with the Show (in the form communicated by AIM Management from time to time, without alteration except as approved by AIM Management) for the limited purpose of promoting the Show and the Exhibitor’s/Sponsor’s participation at or sponsorship thereof. This license shall automatically expire thirty (30) days after the last day of the Show to which Exhibitor’s/Sponsor’s agreement applies. AIM Management may revoke this license immediately upon written notice to Exhibitor/Sponsor, in which case Exhibitor/Sponsor shall immediately cease use of the Show’s name and marks. Use of the name and marks associated with the Show may be subject to further rules and regulations as communicated by AIM Management from time to time. Exhibitor/Sponsor acknowledges that AIM Management owns and shall continue to own all rights in and to the Show, its name, its marks, and all associated intellectual property notwithstanding the license provided herein.
- Exhibitor assumes all risk of and relating to its exhibit and should any exhibit or part thereof or any property in connection therewith be injured, lost, stolen, damaged, from any cause whatsoever, before, during the Show period or after the Show closing, AIM Management is not liable therefor in any matter whatsoever. All goods shipped to the Show must be clearly marked with the name of Exhibitor and the location of Exhibitor space. Goods must not be shipped to the Show for shipping charges to be paid on arrival as these will not be accepted by AIM Management.
- AIM Management reserves the right at its sole discretion to change the location and date or dates upon which the Show is to be held and shall not be liable in damages or otherwise by reason of any such change. In addition, AIM Management shall not be liable in damages or otherwise for failure to carry out the terms of this agreement in whole or in part where such failure is caused directly or indirectly by or in consequence of fire, storm, flood, war, rebellion, insurrection, riot, pandemic, civil commotion, strike, government order, or by any cause whatever beyond the control of AIM Management whether similar to or dissimilar from the causes enumerated herein. In the event that the exhibit space to be used by Exhibitor is in any way rendered unusable, Exhibitor shall pay for such space only for the period during which it was or could have been used as determined in the sole discretion of AIM Management.
- Exhibitor agrees to observe agreements between AIM Management, and any official contractors or local unions serving companies on the Show site according to the labour legislation of the jurisdiction in which the Show site is located.
- In the event that Glacier FarmMedia Limited Partnership sells or transfers the Show and/or its operation, “AIM Management” as used herein shall include such successor or assignee and the rights and obligations of AIM Management under Exhibitor’s/Sponsor’s agreement (including these terms and conditions) shall enure to the benefit of and bind the successor or assignee. Exhibitor’s/Sponsor’s agreement shall not be assigned without AIM Management’s prior written consent.
- AIM Management reserves the right to update and amend these terms and conditions from time to time, which new terms and conditions will govern (i) all existing agreements upon written notice to the Exhibitor/Sponsor; and (ii) all agreements which are made after the date of publication of the revised terms and conditions.