Management. The word “Management” as used herein shall mean American Pistachio Growers (“APG”) or its assignee(s) as previously specified in the contract, including any officers, committees, agents, employees or other third party acting for it in the management of the Exhibition.
Cancellation. All cancellation requests received on or before January 3, 2022 may be subject to a 20% cancellation and administration fee. Cancellations must be made in writing to American Pistachio Growers by midnight on January 3, 2022. Cancellation requests received after January 3, 2022 will be accepted as a withdrawal from the Exhibition and will NOT receive a refund.
Mission of APG Annual Conference Exhibit. The Mission of APG is to advance the American pistachio industry through research, promotion, advocacy and programs that directly benefit our members. Ultimately, through these efforts, the goal is to increase global awareness and consumption of nutritious, American-grown pistachios. APG is a non-profit trade association that represents over 850 grower members in California, Arizona, and New Mexico. In addition, APG has some two dozen independent processor members that support the organization in partnership with our grower members. APG’s grower members highly value their freedom to market their products to any processor firm without being subject to exclusivity requirements or restraints. APG’s independent processor members purchase product from various growers and do not require growers sell products to them on an exclusive basis. APG’s grower members and independent processor members believe that the market works best and most efficiently where growers and processors are free to interact without mandatory exclusivity restrictions. APG’s independent processor members cooperate in tracking production by grower members on which APG dues are based. These independent processors annually collect APG dues and remit them to APG on behalf of their growers. Exclusivity arrangements and restrictions imposed on APG members by entities owned or controlled by a non-member processor would undermine established procedures and impair APG’s ability to carry out its mission. APG will not permit exhibitors to participate in APG’s Annual Conference Exhibition if purchasing the prospective exhibitor’s product causes growers to be contractually obligated to deliver their pistachios to a single pistachio processor. Prospective exhibitors who require growers to enter these sorts of exclusivity arrangements have other readily available means to market their products to APG grower members outside of APG’s Annual Conference Exhibition.
Eligible Exhibitors and Exhibits. Exhibitors will be limited to those companies or other entities offering materials, products, or services of specific interest to registrants, as determined by Management in its sole discretion. Only the company name of the Exhibitor whose name appears upon the face of this contract may be placed on the booth or in the printed list of exhibitors of the Exhibition.
Booth Assignment. Booth space will be assigned on a first-come, first served basis. Management reserves the right to move exhibit booths at its discretion without notifying an exhibitor prior to the move.
Damage to Property. Exhibitor is liable for any damage caused to building floors, walls or columns, or to standard booth equipment, or to other exhibitors’ property. Exhibitor may not apply paint, lacquer, adhesives, or other coating to building columns or floors or to standard booth equipment.
Booth Installation/Dismantling. Construction of Exhibitor Booths is the sole responsibility and expense of the exhibiting company in compliance with local rules and regulations in force within the host city. Only registered exhibit booth personnel will be permitted in the exhibit area during setup and dismantling hours, as well as non-exhibit hours. Exhibitors will not be allowed to install or dismantle their booths during any other time, and booths must stand during the entire show.
Booth Representatives. Exhibit booths must be staffed during the stated exhibit hall hours by qualified employees of the Exhibitor. Exhibitor name badges will be distributed during exhibitor check-in as outlined in the conference schedule. Badges are non-transferable and must always be worn. If there are changes in exhibitor personnel or corrections necessary, badges may be amended at registration.
Receipt of Goods and Exhibits. All arriving goods and exhibits will be received at receiving areas designated by Management. All incoming goods and exhibits must be plainly marked and all charges prepaid.
Display Rules and Regulations. Displays must be contained within the assigned booth spaces that do not interfere with other Exhibitors’ displays. Canvassing or distributing advertising materials outside the Exhibitor’s rented space is not permitted. The distribution of samples, souvenirs, publications, etc. or other sales or sales promotion activities may be conducted by Exhibitor only from within its booth.
Exhibitor Service Kit. The exhibitor understands it will receive the Exhibitor Service Kit only when it has paid the full balance due. Exhibitors will abide by the Rules and Regulations within the Exhibitor Service Kit, use only exclusive service providers and vendors, and be aware of pricing discounts for early service and equipment orders.
Compliance. The Exhibitor assumes all responsibility for compliance with, and agrees to comply with all applicable local, provincial and federal laws, including fire safety and health laws, and all applicable rules and regulations for all union and labor organizations and of the operators and/ or owners of the property in which the Conference is held. Cloth decorations must be flameproof, and wiring must comply with the fire department and insurance underwriters’ rules.
Limitation of Liability. The Exhibitor agrees to indemnify, defend and hold harmless the Management, American Pistachio Growers, the exhibition hall facility, the owner of such facility, and the city in which this Exhibition is being held, and their respective officers, agents and employees, from and against all bodily and personal injury, loss, claims, or damage to any person or any property arising in any way from the use or occupancy of the space herein contracted for by the Exhibitor, its employees, agents, licensees, contractors or customers. Exhibitor shall also indemnify, defend and hold such parties harmless from and against all bodily and personal injury, loss, claims or damage to any person or property anywhere on the grounds of the Exhibition which is occasioned by any act or negligence of the Exhibitor, its employees, agents, licensees or contractors, or by a default by Exhibitor in the proper performance of its obligations hereunder. Management shall not be responsible for loss or damage to displays or goods belonging to Exhibitors, whether resulting from fire, storms, acts of God, air conditioning or heating failure, theft, pilfer-age, mysterious disappearance, terrorism, bomb threats or other causes. All such items are brought to the Exhibition and displayed at Exhibitor’s own risk and should always be safeguarded. Management will use its best efforts to provide the services of a reputable protective agency during the period of installation, show and dismantling of the Exhibition, but shall have no liability to Exhibitor arising from the performance of such duties by said agency. Exhibitor agrees that the provision of such services constitutes adequate discharge of all obligations of Management to supervise and protect Exhibitor’s property within the Exhibition. Exhibitors may furnish additional guards at their own cost and expense, only with the prior written approval of Management. The Exhibitor agrees that Management shall not be responsible in the event of any errors or omission in the listings in the Exhibitors’ Official Directory or in any promotional material.
Exhibitor Liability. Every exhibitor hereby accepts liability for all acts or omissions of employees, contractors and agents. To keep them indemnified against all liability in respect thereof and against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever, which may be taken or made against the Management or incurred or become payable by them arising out of the supply by the exhibitor of samples of any kind whatsoever and including any legal costs and expenses and any compensation costs and disbursements paid by the Management on the advice of counsel to compromise or settle any such claims. Notwithstanding the indemnity hereby given, the exhibitor undertakes to arrange appropriate third-party liability insurance.
Resolution of Disputes. In the event of a dispute or disagreement between: (a) Exhibitor and an Official Contractor; or (b) between Exhibitor and a Labor Union or Labor Union Representative; or (c) between two or more Exhibitors; then, in such event, all interpretations of the rules governing the Exhibition, actions, or decisions concerning this dispute or disagreement by Management intended to resolve the dispute or disagreement shall be binding on Exhibitor.
Exhibitor Loss. American Pistachio Growers and/or its assignee(s) will not be in any way liable or responsible for the loss or disappearance, by theft or otherwise, of any object items, goods or materials whether personal or commercial property from the Exhibitors booth space or from the exhibit hall. The Management will provide general security services as a convenience to Exhibitors, however, neither the providing of such services, nor the failure of security guards to prevent the theft or loss of property, shall be grounds for holding either APG or the Omni La Costa Resort & Spa liable for any related loss, damage, or claim. Responsibility for the security of an Exhibitor’s area, product and property rests solely with the Exhibitor.
Violations. Violation of the exhibit rules and regulations will result in forfeiture of the opportunity to exhibit at future shows. Major violations such as early dismantling of exhibit booth and misuse of name badges to assist admission of unauthorized persons to the exhibit floor may result in permanent expulsion from the show.
Release. By signing the contract, the exhibitor agrees to permit its contract information to be distributed to official APG conference vendors for solicitation of convention services, such as but not limited to the official show decorator, lead retrieval provider, etc. through 30 days following the event final day.
Signature. By submitting an exhibition application and purchasing an exhibit space, you acknowledge that you have read, understood and agree to abide by and comply with all rules and regulations contained in or referenced herein rules and those of American Pistachio Growers, the exhibitor services company, and host venue.
The Pistachio Industry Annual Conference is owned by American Pistachio Growers (“APG”). Your exhibition application will become a binding contract upon acceptance by APG and is based upon the terms, rules and regulations as set forth herein.