Contractural Considerations

Insurance and Liability

It is the sole responsibility of the exhibitor for any damages, claims, losses, liabilities or expenses arising from any injury to any person or property that arises out of or is in any manner connected with the exhibitor’s participation in the ASMBS Annual Meeting, including its indemnity obligations herein. Exhibitor acknowledges and agrees that it will obtain, at it own expense, any and all licenses or permits to comply with all local, state and federal laws, ordinances and regulations for any of its activities in connection with the ASMBS Annual Meeting.

Exhibitors should maintain general public liability insurance against claims for personal injury, death, or property damage incident to, arising out of, or in any way connected with their participation in the exhibition, in an amount of not less than one million dollars ($1,000,000) for personal injury, death, or property damage in any one occurrence. Such insurance should include coverage of the indemnification obligations of exhibitors under the policies and procedures and should cover ASMBS as an additionally named insured.

Each exhibit company is responsible for obtaining, for its protection and entirely at its expense, such property insurance for its exhibit and display materials as the exhibitor deems appropriate. Any policy providing such property insurance must contain an express waiver by the exhibitor’s insurance company of any right of subrogation as to any claims against ASMBS , its officers, directors, agents, members, or employees.

All agents or representatives of an exhibitor performing services at Gaylord Palms directly for an exhibitor, and who are not the exhibitor’s employees, must provide ASMBS with original certificates of insurance.

By executing the Application & Contract to Exhibit, Exhibitor agrees to indemnify, hold harmless and defend ASMBS and its members, officers, directors, employees and agents from and against any and all liabilities, claims, losses, damages, causes of action, demands, costs and expenses of any kind whatsoever including, without limitation, court costs, interest and attorney’s fees, which ASMBS or its members, officers, directors, employees or agents may incur, suffer or be required to pay, incident to or arising out of, directly or indirectly, any intentional, reckless or negligent act or omission or breach of the terms, conditions or provisions of these Rules and Regulations by Exhibitor or its agents, servants or employees.

Exhibitor further agrees that it is solely responsible for the conduct, actions and omissions of its employees, agents, servants and independent contractors, whether acting within or without the scope of their authority, and agrees to indemnify, hold harmless and defend ASMBS and its members, officers, directors, employees and agents from and against any and all liabilities, claims, losses, damages, causes of action, demands, costs and expenses of any kind whatsoever including, without limitation, court costs, interest and attorney’s fees, resulting directly or indirectly from such acts or omissions.

In no event shall ASMBS be liable or responsible for any loss or interruption of business, business opportunities, or any other type of direct or consequential damages alleged to be due from ASMBS. Exhibitor agrees and understands that the sole liability of ASMBS for any claims of Exhibitor shall be limited to a refund of the amount paid by Exhibitor under the Application & Contract to Exhibit. Nothing in the Application & Contract to Exhibit, Exhibitor’s Prospectus, or Rules and Regulations is intended or shall be interpreted as creating a partnership, joint venture or agency relationship between Exhibitor and ASMBS. Exhibitor agrees and consents to the jurisdiction of the courts of the State of Florida and the Federal District Courts located within the State of Florida with respect to any dispute or right of action arising out of the Application & Contract to Exhibit, Exhibitor’s Prospectus, or Rules and Regulations.

Show Cancellation Policy

The parties agree that if the ASMBS Annual Meeting is cancelled in whole
or in part, or its scheduled opening is cancelled or delayed, due to fire, explosion, strike, freight embargo, act of God, act of public enemy, act of war, war, act of terrorism, civil disturbance, act of any government, de jute or de facto, or governmental declaration or regulation, epidemic or other event over which the ASMBS has no control, then the exhibitor contract may be immediately amended by the ASMBS, and the exhibitor hereby waives any and all claims against the ASMBS for damages, reimbursement, refunds or compensation.

Security

Each exhibitor is responsible for safeguarding its goods, materials, equipment and exhibit at all times during the Annual Meeting. The ASMBS provides 24-hour security guard service for the perimeter of the Exhibit Hall, however, neither the guard service nor the ASMBS will be responsible for loss of or damage to any property. Deliveries or removal of equipment are only permitted during move-in and move-out. Once the show opens, a pass must be obtained from the ASMBS to remove any material or equipment.

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