1. General Information -
This show is sponsored and managed by the
National Association of Tower Erectors (NATE).
The words "Show Management" used herein
shall mean the officers of NATE, the Conference Chairman, or Conference
and Exposition Managers. All matters and
questions not covered by these Rules and
subject to the decision of Show Management.
These Rules and Regulations
may be amended or supplemented at any time
by Show Management, and all such amendments
or additions shall, upon 10 business days notice, be as
equally binding on all parties affected as the original
Rules and Regulations.
Eligibility is generally limited to persons or firms
engaged in either 1) furnishing consulting, engineering,
design and technical services utilized
by the tower industries; or 2) the manufacture,
sale or service of telecommunications service and
support products. Applicants may be required to
submit the nature of their business and the scope and nature
of items to be exhibited. Show Management reserves
the right to reject any applicant to exhibit for any reason.
3. Assignment of Space
Exhibitors submitting completed contract and
full payment of space cost, and that are accepted by Show Management, will be assigned space
based on seniority points and size.
4. Use of Space
The space contracted for is to be used solely by and for
the Exhibitor whose name appears on the contract,
and it is agreed the Exhibitor will not sublet
nor assign any portion of same without the prior written
consent of Show Management. Each Exhibitor
must have a minimum of 100 square feet of
contracted exhibit space. Exhibitors may combine
space provided each exhibitor completes a valid
contract and reserves a minimum of 100 square
feet (i.e. two exhibitors reserve 200 square feet
each and share a 400 square foot island). Program
listings will list only contracted exhibitors.
A cancellation fee of 50% of the total space cost
shall be assessed in the event of contract cancellation
that is received by Show Management 60 days or more prior to first move-in day.
No refunds are available for cancellations received
less than 60 days prior to first move-in day. All
cancellation notices must be received in writing on or before the application date.
In the event of cancellation, Show Management
reserves the right to reassign canceled exhibit
space and sponsored items. Notwithstanding the foregoing, please note that payments made for sponsorhip packages
Any Exhibitor failing to occupy by 1:00 p.m. on
Tuesday, February 28, 2017, any space contracted
for but not canceled, is obligated for the full cost
of the space and is not entitled to any rebate.
Show Management shall have the right to use
said space to suit its own convenience, including
selling the space to another Exhibitor without any
rebate or allowance to the defaulting Exhibitor
and without incurring any obligation of any kind
to said prospective Exhibitor.
7. Hold Harmless and Insurance
Exhibitor assumes the entire responsibility and
liability for losses, damages and claims arising
out of injury to Exhibitor's employees, agents
or guests, or damage to Exhibitor's displays,
equipment, and other property brought upon
the premises of the exhibit hall. Exhibitors shall
indemnify and hold harmless the exhibit hall,
Show Management and/or NATE, their agents
and employees from losses, damages and claims
inside or outside the exhibit hall that may arise as
a result of actions or omissions of the Exhibitor,
its employees or agents. The exhibit hall, Show
Management and/or NATE will not be liable to the
Exhibitor, its employees, agents or guests for any
damages, loss or injury from fire, electricity, water,
storm, riot, smoke, theft, accident or any other
cause. Insurance protection against fire, theft
or damage to the Exhibitor's materials must be
carried at the Exhibitor's expense.
Exhibitor shall provide Show Management
with a copy of and will maintain the following insurance
for the entire duration of the Exposition,
including exposition set-up, exposition hours, and
exposition dismantle, naming Show Management
as additional insureds:
(a) General Liability
Insurance with minimum limits of $2,000,000.00
combined single limit per occurrence, covering
any loss or liability resulting from personal injury,
death or property damage arising from or in
connection with your exhibit; and
(b) Worker's Compensation Insurance as required by applicable law, and Employer's Liabilty Insurance with minimum limits of $1,00,000.00 per occurence.
The Certificates of Insurance must be
furnished to Show Management by no later than January
NOTE: Exhibitor Appointed Contractors (EAC) are
bound by this contract along with the exhibiting
company and are required to provide the same Certificate
of Insurance to Show Management.
8. Taxes and Fees
Exhibitor assumes responsibility for all state,
federal and local taxes associated with sales
9. Use of Copyrighted Material
Exhibitor assumes responsibility for obtaining any
licenses that may be required in association with its use of copyrighted
material or other intellectual property of third parties and for the consequences of any infringement on any third party's intellectual property rights that may result from the failure to do so. Exhibitor shall indemnify and defend NATE and Show Management from any claim of infringement that may be brought as a result of and Exhibitor's failure to respect the intellectual property rights of third parties.
10. ADA Compliance
The Exhibitor understands that the Americans
with Disabilities Act (ADA) requires that its display
must be accessible to persons with disabilities,
and the Exhibitor agrees that it is solely
responsible for assuring that its display complies
with the ADA.
The Exhibitor hereby warrants that it will provide
auxiliary aids and services to individuals with
disabilities suitable for effective communication
between all parties in accordance with the
requirements of the ADA, so that the Exhibitor's
display will be accessible, as defined in the ADA,
to persons with disabilities. The Exhibitor further
warrants that where the provision of such auxiliary
aids would fundamentally alter the nature of the
goods and/or services provided by the Exhibitor,
or would result in an undue burden to the Exhibitor,
the Exhibitor will notify NATE of that fact at
least two weeks in advance of the Exposition and
of the alternative measures it intends to take to
assure compliance with the ADA during the period
of the Exposition.
The Exhibitor agrees to indemnify and hold Show
Management and NATE harmless for any claims
arising out of or in connection with the Exhibitor's
display's failure to comply with the ADA.
11. Installation and Dismantling
Exhibitors have move-in and move-out times as
indicated in the NATE 2017 Exposition information.
In the event of a failure to remove an exhibit in the allowed
time, Show Management will have the right to
remove and place the same in a warehouse, subject
to the Exhibitor's disposition, with all charges to be the responsibility of Exhibitor with no liability to Show Management. All
exhibits must remain intact until the Exposition is
12. Gifts, Contests, Food and Beverage
Show Management reserves the right to prohibit,
limit or discontinue the distribution of gifts,
giveaways or similar promotions. Contests, raffles
and drawings, if permitted under state or local
laws, will be subject to the approval of Show
Management. There will be no announcement of
separate Exhibitor's contests, drawings or raffle
winners during the Exposition that are not part
of the official NATE UNITE 2017 prize drawings.
All food and beverage items must be approved,
prepared and provided by the Exposition facility.
13. Exhibit Design and Inclusions
Standard 10' x 10', 10' x 20' and 10' x 30' in-line booths
will be provided with back drape and side rails,
which must be utilized. No exhibit construction
or signage may exceed 8' in overall height on
these booths. In-line booths may display actual
product in excess of 8' provided the product is
not used as signage. Exhibit construction and/or
signage may not exceed 12' on perimeter booths.
On island booths, no exhibit construction, product
or signage may exceed 16' in overall height.
Any sign or display exceeding 4' in height must
be set back at least 5' from the aisle. All exhibits
must remain within the confines of their own
spaces and no Exhibitor will be permitted to erect
signs or display products in such a manner as to
obstruct the view, occasion injury or disadvantageously
affect the display of other Exhibitors.
One standard 7" x 44" identification sign will be
provided for each Exhibitor. All exhibit booths are
required to have carpet.
14. Use of Aisles and Common Areas
The aisles, passageways and overhead spaces remain
strictly under control of Show Management
and no signs, decorations, banners, advertising
matter or special exhibits will be permitted in
them except by special written permission of
Show Management. Uniformed attendants,
models and other employees must remain within
the booths occupied by their employers. Any and
all advertising distribution must be made from
the Exhibitor's booth space. The Exhibitor will
be responsible to abide by all city fire and safety
codes, which may be in effect.
Show Management reserves the right to restrict
exhibits that may have been falsely entered, or
may be deemed unsuitable or objectionable, or may include content that is not related to the types of services or products that are the subject of the exhibitor eligibility qualifications in Section 2 of these Rules and Regulations.
This reservation applies to noise, persons,
apparel, conduct, objects or items, printed matter,
or anything of a character that might be objectionable
to the Exposition as a whole. Public address
systems are specifically prohibited. Electric or
electronic amplification of musical instruments is
specifically prohibited. Children under the age of
18 are specifically prohibited from being on the
trade show floor at any time.
16. Service Organizations
In the interest of making available the best-qualified
craftsmen in numbers sufficient to handle all
of the services necessary for the operation of the
Exposition, Show Management has contracted, on
an exclusive basis, official contractors to provide
such services. Service companies other than the
designated contractors will not be allowed to work
on the exhibit areas unless specifically authorized
by Show Management.
17. Rights in the Event Exposition Is Not Held
Should Show Management elect to cancel the
Exposition, Show Management's liability to the
Exhibitor shall be the refund of any payments for
booth space previously received. Show Management shall
not be liable for any consequential damages,
which may arise from such cancellation. Should
the Exposition be canceled due to circumstances
beyond the control of Show Management
including, but not limited to, acts of God, acts of
war or terrorism, governmental emergency, labor strike or
destruction of exhibit facility, Show Management
shall return each Exhibitor's space payment less a
pro rata share of costs and expenses incurred.
18. Changes in Floor Plan
Show Management reserves the right to make
appropriate changes to the floor plan and booth
locations at any time as it deems necessary for the
overall success of the Exposition.
19. Outside Exhibits/Hospitality Suites
By executing this contract, Exhibitors agree that
their entire exhibit and display will be confined
to the exhibit hall and the booth space assigned.
This prohibits Exhibitors from displaying products/
services and/or other advertising materials
in areas outside their booth space such as, but
not limited to, parking lots and hotel lobbies.
This prohibition includes sales closing areas and
unauthorized facility tours. The use of NATE and/
or Show Management established billboards
for advertising is acceptable. (Exception: Upon
Show Management approval of written request,
telecommunication satellite earth terminals
positioned outside exhibit facility for clear
transmission path may be permitted.) Exhibitors,
by executing this contract, also expressly agree
not to operate hospitality suites during hours in
which the Exposition is open or when any official
NATE sponsored events are in progress unless
otherwise approved by written consent of Show
20. Violations of Rules and Regulations
Violations of these rules and regulations will
afford Show Management the right to execute
one or more of the following remedies: 1) The
Exhibitor may be prohibited from exhibiting at
the current year's Exposition and will forfeit all
booth payments; 2) The Exhibitor's "points" for
the following year's space assignment may be
taken away; 3) The Exhibitor may be prohibited
from exhibiting at the following year's Exposition.
The imposition of one or more of these remedies
by Show Management shall not in any way limit
available remedies provided in other provisions
of this contract or by law.
21. Governing Law and Jurisdiction
22. Entire Agreement
This Agreement shall be interpreted and
construed, and the legal relations created herein
shall be determined, in accordance with the laws
of the State of South Dakota without reference to
any conflicts of law principles that would require
application of the laws of another state. The
federal and state courts within Codington County,
South Dakota shall have exclusive jurisdiction to
adjudicate any dispute arising out of this Agreement.
Each party hereto expressly consents to the
personal jurisdiction of, and venue in, such courts.
These Rules and Regulations are incorporated into the contract between NATE and Exhibitor in relation to the Exposition. The contract and the documents incorporated into the contract or executed in connection herewith contain the entire
agreement between the parties and supersede
all prior and contemporaneous oral agreements.
No promise or agreement that is not expressed
in the contract materials has been made by one party
to the other and neither party is relying upon any
other statement or representation of the other
party, its employees or agents. Any addendum or
modification hereto or thereto must be in writing
and signed by both parties and attached hereto.