EXHIBITOR CONTRACT
This Exhibitor Contract (this “Agreement”) contains the entire agreement of the parties related to the Pittsburgh
Business Show Event (the “Event”) on May 5th, 2020 at the David L. Lawrence Convention Center in Pittsburgh (the
“Venue”).
By clicking “I Agree” below, you, as an exhibitor (“Exhibitor”, “you”, “your”), agree to be bound by this Agreement
between you and Pittsburgh Business Show, LLC, a Pennsylvania Limited Liability Company with an address at 368
Commercial Street, Bridgeville, PA 15017, (“PBS”).
1. EVENT.
The Event is a trade show, which aims to bring together business owners, entrepreneurs and other related business
industry professionals. The Event will be held on May 5th, 2020.
1. REGISTRATION; AUTHORITY.
2.1 Registration. By clicking “I Agree” you agree to rent an “Exhibitor Space” selected on the “Exhibition and Floor
Plan” section of the registration page for the full two (2) days of the Event and to pay the full amount for such
Exhibitor Space, in accordance with Section 3 hereof.
2.2 Authority. You acknowledge that you have been duly authorized to enter into this Agreement by the organization
you represent.
1. PAYMENTS AND CANCELLATIONS; NO REFUNDS.
3.1 Payments.
(a) Exhibitor’s participation in the Event is contingent upon Exhibitor having paid in full (i) the applicable fees for the
selected Exhibitor Space, which are collectively set forth in the rate schedule at http://PittsburghBusinessshow.com
and (ii) any charges for additional services incurred by being an exhibitor or otherwise selected by Exhibitor
(collectively, the “Exhibitor Fees”) in accordance with Section 3.1(b).
(b) Upon Exhibitor’s registration for the Event, the total balance of the applicable Exhibitor Fees shall become due
and payable in full.
(c) There will be a $50 charge for all returned checks. Failure to make payments does not cancel Exhibitor’s liability
hereunder. Exhibitor Space cancellation notices must be submitted to PBS in writing, and cancellation fees will be
owed according to the terms outlined in Section 3.2 below. Exhibitor authorizes PBS to charge any credit card
provided by Exhibitor for payment of any Exhibitor Fees.
3.2 Cancellations.
a. All cancellations by Exhibitor must be in writing to PBS at : Pittsburgh Business Show, 368
Commercial Street, Bridgeville, PA 15017 with a copy by email to:
lindajo@pittsburghbusinessshow.com, and shall become effective if approved by PBS. Should
Exhibitor cancel all, or part, of the Exhibitor Space contracted for herein after the date PBS accepts
and confirms this Agreement, Exhibitor shall be liable for:
100% of the total Exhibitor Fees if cancellation is received on of after January 19, 2020
50% of the total Exhibitor Fees if cancellation is received on or after December 10, 2019 but prior to January
19, 2020
0% of the total Exhibitor Fees if cancellation is received on or prior to December 9, 2019.
Exhibitor agrees that it is responsible for the total Exhibitor Fees for the cancelled Exhibitor Space which shall be
retained or paid to PBS as liquidated damages, if (i) Exhibitor fails to pay all charges in accordance with the schedule
set forth in Section 3.1, (ii) Exhibitor has any outstanding financial obligations to PBS, or (iii) Exhibitor fails to perform
any terms or conditions of this Agreement or refuses to abide by these terms and conditions. If Exhibitor’s registration
is canceled pursuant to this Agreement, Exhibitor may reapply for participation in the Event on a first come first
served basis. Monies previously paid on account may be applied to the Exhibitor’s new Exhibit Space if PBS accepts
the new registration.
Notwithstanding the foregoing, in the event of (i) any breach of this Agreement and/or the obligations hereunder by
Exhibitor and/or any of Exhibitor’s representatives, or (ii) any threatened or actual act taken against the interests of
PBS (as determined by PBS in PBS’s sole discretion), PBS has the right to cancel Exhibitor’s registration to the Event
and/or remove Exhibitor and any representatives of the Exhibitor from the Event. In the event that Exhibitor’s
registration to an Event is canceled or Exhibitor and/or Exhibitor’s representatives are removed from the Event
pursuant to this Section 3.2(a), Exhibitor shall not receive any refund of the Exhibitor Fees.
a. Subject to Section 3.2(a), and solely in the event that PBS cancels the Event or otherwise rejects or
cancels Exhibitor’s registration, then PBS shall provide Exhibitor with a full refund of the Exhibitor
Fees applicable to such Event. However, PBS shall not be responsible for any delays, damages,
losses, increased costs, or other unfavorable conditions or damages arising in connection with any
delay or cancellation of an Event, and Exhibitor waives all such claims arising therefrom; provided,
however, that as stated above PBS shall refund any payments of the Exhibitor Fee already paid to
PBS by Exhibitor if PBS cancels an Event for which the Exhibitor has already duly registered and
paid Exhibitor Fees.
3.3 Workshops; Speaker Presentations
a. PBS, for an additional fee of Five Thousand Dollars ($5,000), that shall become part of the Exhibitor
Fee for purposes of Section 3.2, PBS offers to Exhibitors the opportunity to present for up to one (1)
hour in a presentation room or on our trade show floor speakers stage held during the Event. This
will be advertised and posted through out the show, website, and in print. PBS does not guarantee
the attendance of any workshop Speaker Presentation or that any workshop will be successful or
beneficial to Exhibitor. In the event that Exhibitor desires to accept an invitation to participate in a
workshop at the Event, Exhibitor must provide Exhibitor’s own AV and all related equipment
(including, without limitation, video adaptors for Exhibitor’s computer, projection and the like).
Exhibitor shall be held responsible, at all times, for any cost incurred for running and installing any
special equipment at any such workshop, unless other arrangements have been made in advance
in writing with PBS, and PBS has confirmed in writing that it will be providing such items for
Exhibitor’s use during such workshop.
a. Exhibitor acknowledges that Exhibitor may not charge for tickets to attend Exhibitor’s workshop.
Exhibitor acknowledges that PBS does offer workshop tickets for purchase by attendees in PBS’s
online registration for the Event. A schedule of speakers will be printed in the program for attendees
and posted on the Event website. PBS will, in good faith, attempt to maintain the schedule of
speakers, as scheduled, and will attempt to provide adequate notification in the event of any
schedule changes, however, PBS cannot guarantee that Exhibitor’s workshop will be presented at
the time and location scheduled.
3.4 Add-On Services. If Exhibitor selects any of the Exhibitor Space and/or marketing add-on options in this
Agreement, a Sponsorship Form, or any other documentation provided by PBS, Exhibitor shall be billed for such
services as described in such documentation. No refunds or credits will be issued for amounts charged or paid for
such add-on services.
3.5 Third Party Services Generally.
Exhibitor agrees and acknowledges that Exhibitor’s participation, correspondence or business dealings with any third
party in connection with the Event, or otherwise (regarding payment and delivery of specific goods and services or
otherwise), and any other terms, conditions, representations or warranties associated with such dealings, are solely
between Exhibitor and such third party or parties.
Exhibitor agrees and acknowledges that none of the PBS Parties (as hereinafter defined) shall be responsible or
liable for any loss, liability or damage of any kind incurred as a result of such dealings. Exhibitor understands that too
the extent that it is shipping any of its belongings for the Event directly to PBS or to our contracted decorator/union,
Exhibitor does so at Exhibitor’s own risk, and Exhibitor (a) agrees to carry the appropriate insurance on all such
shipments, and (b) expressly releases each and all of the PBS Parties from any and all liability arising out of the loss,
damage or delay of any such shipment (or any portion thereof) or otherwise in connection with any such shipment (or
any portion thereof).
3.6 Taxes. Exhibitor shall be responsible for obtaining all licenses, permits and approvals, and all tax identification
numbers, under local, state or federal law applicable to its activity at the Event, and for paying all taxes, license fees
and other charges that become due to any governmental authority or other person because of such activity at or in
connection with the Event.
1. ELIGIBILITY; LOCATION AND MAKE-UP OF EXHIBITOR SPACE.
PBS reserves the right to determine the eligibility of any Exhibitor to participate in the Event. PBS can refuse license
of Exhibit Space to any Exhibitor whose display is not, in the sole discretion of PBS, compatible with the professional
character and objectives of the Event. In such event, this Agreement shall terminate and PBS shall provide a refund
to Exhibitor consistent with Section 3.2(b) hereof.
PBS reserves the right to determine, in its sole discretion, the eligibility of any Exhibitor, representative of Exhibitor or
other Event attendee to attend (or continue to attend) the Event, and the appropriateness of any exhibition or material
for use by Exhibitor at the Event.
Exhibitor acknowledges that there may arise circumstances in which PBS must move Exhibitor from the chosen
Exhibitor Space to another location without prior notice, and Exhibitor acknowledges and agrees that (i) PBS has
every right to arrange the Event floor plan as PBS determines at any time, in our sole discretion, without prior notice
and accordingly that PBS may change the location of Exhibitor’s Exhibitor Space at any time without prior notice, and
(ii) Exhibitor shall not be eligible for any refund of the Exhibitor Fees or other compensation due to any such
arrangement or adjustment by PBS.
1. DELIVERY/SET-UP/EXHIBITION/TEAR-DOWN.
PBS shall provide Exhibitor with the dates and hours during which Exhibitor may access the Venue for delivery and
set-up, as well as dismantling and removal, of the Exhibitor Space in writing (including without limitation by email to
the email address provided by Exhibitor) prior to the date of the Event. Exhibitor shall be responsible for all costs
associated with load-in/load-out, union, storage and handling charges, as well as for all other liabilities resulting from
Exhibitor’s failure to (a) follow the set-up or teardown instructions of PBS or a third party acting on our or Exhibitor’s
behalf, and/or (b) remove all materials from the Exhibitor Space immediately at the end of the Event. Notwithstanding
the foregoing, Exhibitor may not commence the tear down procedure until after the Event has ended. If an Exhibitor
nonetheless starts to pack-up (or otherwise engages in the tear-down process), or even vacates its booth while the
Event is still ongoing, then such Exhibitor shall be liable to pay a Five Hundred Dollar ($500) early dismissal fee,
which fee is hereby authorized by Exhibitor and shall be charged by PBS to Exhibitor’s credit card on file with PBS.
Should the operator of a Venue determine, in its sole discretion, that any equipment used by Exhibitor requires the
transport, installation or removal of such equipment and/or other services to be performed by such Venue operator’s
contractors or any other persons, then Exhibitor agrees to use such contractors or other persons at Exhibitor’s sole
expense, which shall be in addition to the Exhibition Fees recited in the Exhibitor Contract and/or any other writing
exchanged between Exhibitor and PBS. Exhibitor further agrees that any such arrangement is solely between
Exhibitor and the operator of a Venue and that none of the PBS Parties shall have any liability whatsoever for any
costs incurred by Exhibitor or any damages and/or any other liabilities arising out of any such arrangement.
1. DEFAULT IN OCCUPANCY.
If Exhibitor has not met the deadline set by PBS for completion of having fully assembled/installed the Exhibitor
Space for occupancy (including without limitation all displays), then the Exhibitor Space of Exhibitor may be
possessed, transferred and/or otherwise used by PBS for such purposes as PBS may determine in our sole
discretion. No such action taken by PBS shall relieve Exhibitor of any of Exhibitor’s obligations under this Agreement,
a Sponsorship Form and/or any other written agreement between the parties, including without limitation the full
payment of all Exhibitor Fees to PBS.
1. SUB-LEASING/SHARING.
Exhibitor shall not assign, sublet, or otherwise share or transfer the Exhibitor Space (or any portion thereof) to any
other person without the prior written approval of PBS, which PBS may grant or withhold in our sole discretion.
1. DISPLAY SPECIFICATIONS; SOUND AND ACTIVITIES.
Signs or displays used by Exhibitor must not exceed the width of the table provided by PBS (or a third party upon
PBS’s prior written consent) in the Exhibitor Space. Exhibitor is not allowed to hang graphics on back walls or
otherwise that extend beyond the Exhibitor Space (as determined by PBS in our sole discretion). Exhibitor and/or
Exhibitor’s representatives shall not conduct any activities in aisles or in spaces bordering the Exhibitor Space or in
any other location, and the wearing of any distinctive costumes, carrying of banners or signs and the like, and
Exhibitor and/or Exhibitor’s representatives must remain in the Exhibitor Space. All sound amplification devices and
other sound producing equipment and activities of Exhibitor and/or Exhibitor’s representatives shall be limited to
reasonable volume levels which shall not be audible beyond the boundaries of the Exhibitor Space and shall in no
case disturb other exhibitors, participants of the Event or otherwise any Event activities, as determined by PBS in our
sole discretion. Exhibitor cannot use any sign or other displays which are larger than its Exhibitor Space or otherwise
which impinge in any manner in the area outside of Exhibitor’s Exhibitor Space. PBS reserves the right to determine
the placement of all signs, displays and the like and the acceptable sound levels of all sounds and sound devices
used by Exhibitor, and the overall behavior of Exhibitor and Exhibitor’s representatives, all in PBS’s sole discretion.
1. SPONSORS.
9.1 Becoming a Sponsor. Exhibitor may in some instances also desire to become an advertiser and/or sponsor of the
Event (a “Sponsor”) by undertaking certain sponsorship responsibilities in connection with each such Event, whether
by providing certain products or services in exchange (partially or in whole) for the Exhibitor Space allocated to
Exhibitor, various promotions in connection with each such Event, or otherwise.
9.2 Sponsorship Form. If Exhibitor also becomes a Sponsor, either (a) this Agreement shall be amended, or (b) some
other signed writing exchanged between Exhibitor and PBS regarding the terms of the sponsorship (the “Sponsorship
Form”) shall describe the products, services and/or other items to be provided by Exhibitor to PBS and/or to
attendees of an Event. This Agreement, as amended, and/or a Sponsorship Form, as the case may be, shall describe
the nature of each such sponsorship and the obligations of Exhibitor and PBS in connection therewith.
9.3 Intellectual Property/License. Exhibitor represents and warrants that it shall comply with all Intellectual Property
Rights and copyright restrictions applicable to Exhibitors. Additionally, Exhibitor hereby grants to PBS the right and
license for PBS to copy, modify, exhibit, display and generally to use the trademarks, logos, brands and names of
Exhibitor as needed in order for PBS to carry out the requests of Exhibitor to act as a Sponsor, pursuant to this
Agreement and/or any Sponsorship Form. In the event that Exhibitor has not yet provided PBS with Exhibitor’s
branding (i.e., name and logo) regarding an upcoming promotion, Exhibitor (a) authorizes PBS to copy and use
Exhibitor’s branding found at Exhibitor’s website and use such branding in connection with the promotion, or (b)
acknowledges that, notwithstanding the foregoing, PBS may decide in its sole discretion not to use Exhibitor’s logo or
other branding in connection with such promotion. Exhibitor shall not be entitled to receive any refund for fees paid or
payable in connection with such promotion.
9.4 Professional Manner. Exhibitor represents and warrants that all products, services and/or other items provided to
PBS or to Event registrants in the course of a sponsorship or otherwise shall all be in good workmanlike order and/or
be performed in a competent and professional manner, as applicable, and shall operate and/or be performed as
promoted under the sponsorship and as intended by the person using or benefiting from such products, services
and/or items.
9.5 No Liability. None of the PBS Parties shall be responsible or in any other way liable for any products, services
and/or any other items provided by Exhibitor (i) to Event registrants, (ii) to PBS for distribution to Event registrants or
otherwise for use by Event registrants, or (iii) for any other use of such products, services and/or other items at the
Event or otherwise. Exhibitor shall be exclusively liable for all such products, services and/or other items and shall
hold harmless, defend and indemnify each of the PBS Parties (pursuant to Section 18 below) against any and all
claims arising out of the distribution and/or use of any such products, services and/or other items.
9.6 NO CANCELLATIONS; NO REFUNDS. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE
CONTRARY, ALL FEES DUE AND PAYABLE TO PBS ASSOCIATED WITH EXHIBITOR ELECTION TO BECOME
A SPONSOR ARE NONREFUNDABLE. ONCE EXHIBITOR BECOMES A SPONSOR (BY EXECUTING EITHER AN
AMENDMENT TO THIS AGREEMENT OR A SPONSORSHIP FORM, AS THE CASE MAY BE), EXHIBITOR SHALL
NOT BE ELIGIBLE TO RECEIVE AND SHALL NOT RECEIVE ANY REFUND WHATSOEVER REGARDING THE
SPONSORSHIP(S) SELECTED, AND NO CANCELLATIONS WILL BE HONORED BY PBS. EXHIBITOR HEREBY
AUTHORIZES PBS TO CHARGE ANY AND ALL PAYMENTS DUE TO PBS BY EXHIBITOR, INCLUDING
WITHOUT LIMITATION ALL PAYMENTS RELATED TO A SPONSORSHIP, ON EXHIBITOR’S CREDIT CARD ON
FILE WITH PBS OR OTHERWISE PROVIDED TO PBS FULL AND COMPLETE PAYMENT AS SOON AS THE
SPONSORSHIP FORM IS EXECUTED.
1. ADDITIONAL CHARGES.
In addition to any applicable costs of a Venue operator, which Exhibitor must cover (including without limitation as
described in Section 5 hereof), the use by Exhibitor of electricity and Internet at an Event are to be ordered pursuant
to Schedule A hereto. Exhibitor acknowledges and agrees that electricity and Internet are provided by third party
vendors (in most cases, the Venue operator) and that PBS has no control over whether electricity and Internet will
work during an Event. PBS shall not be liable for any failure by a Venue operator or other third party vendor to
provide such services to Exhibitor or otherwise arising out of Exhibitor’s use of such items. There are absolutely NO
REFUNDS provided by PBS for any such additional charges. Exhibitor shall pay in full all such additional charges in
addition to the Exhibitor Fees, and PBS shall not be responsible in any manner for Exhibitor’s failure to fulfill such an
obligation.
1. REPRESENTATIONS & WARRANTIES.
Exhibitor represents and warrants that (a) all information provided to PBS, in any form whatsoever, is accurate,
complete and current and Exhibitor shall update such information if and as soon as such information changes, and
(b) Exhibitor’s use of all materials during or otherwise in connection with the Event, including without limitation all
signs, displays, hand-outs, photographs, logos, videos and musical compositions (collectively, the “Materials”) shall
not infringe the copyright, trademark, patent or other rights (including without limitation the right of publicity, right to
privacy, or misuse of a person’s name, image and likeness) of any person.
Exhibitor shall ensure that Exhibitor’s representatives shall fully comply with the terms and conditions of this
Agreement, any Sponsorship Form (if applicable, and any other writing between Exhibitor and PBS, and (d) Exhibitor
shall be fully responsible for the acts and/or omissions of any and all of its representatives.
PBS makes no representation or warranty, express or implied, regarding the number or type of persons who will
attend the Event and the likelihood that Exhibitor will receive any business from participating in the Event.
1. MUSIC LICENSING.
Exhibitor agrees not to permit any musical work protected by copyright to be staged, produced or otherwise
performed, via either “live” or mechanical means unless Exhibitor has previously obtained written permission from the
copyright owner, or the copyright owner’s designee for such use. Exhibitor accepts full and complete responsibility for
the fulfillment of all obligations under any agreement permitting the public performance or other use of any such
musical work, or its failure to secure any such rights, including but not limited to, all obligations to obtain public
performance rights and to accurately report data and to pay royalty fees in connection with such works.
1. EXHIBITOR REPRESENTATIVES.
Exhibitor’s representatives at the Event shall be restricted to Exhibitor’s employees, consultants or agents who have
been designated in writing to PBS prior to the Event. Such representatives shall wear identification provided by PBS
at all times during the Event to indicate their connection to Exhibitor. Exhibitor shall be fully responsible for the acts
and/or omissions of each of its representatives.
1. SAMPLES; SOUVENIRS; SALES.
PBS shall have the right to prohibit sample distribution or other activities which, as PBS determines in our sole
discretion, interfere with an Event or constitute a breach of this Agreement. In the event that Exhibitor wishes to
distribute food and/or beverage samples at an Event, Exhibitor must first obtain the written approval for such
distribution from the Venue operator and secure any other approvals required by the Venue operator (e.g., Health
Department, permits, exclusive concessions provider, etc.); such approvals to be provided to PBS prior to the Event.
Otherwise, Exhibitor may not distribute any food or beverages at an Event. Notwithstanding anything contained
herein to the contrary, in addition to any other recourse available to PBS under this Agreement, including the right to
close down any Exhibit Space for any breach of this provision, Exhibitor shall indemnify and promptly reimburse each
of the PBS Parties for all such fines levied on PBS and any other expenses incurred by PBS relating to such
distribution, and Exhibitor expressly authorizes PBS to charge Exhibitor’s credit card on file with PBS to be so
reimbursed.
1. EXHIBITOR CONDUCT.
Exhibitor may not operate the Exhibitor Space or otherwise engage in any activity during an Event that is competitive
with PBS or which endangers or interferes with the rights of other exhibitors or other participants of the Event, as
determined by PBS in our sole discretion. Exhibitor shall be fully liable for any damage caused at the Event by
Exhibitor or any of Exhibitor’s representatives (including without limitation damage caused to any portion of a Venue,
or to other exhibitors, participants, or to PBS or any of PBS’ representatives)
1. SPECIAL REQUESTS.
Any and all special requests by Exhibitor or any of Exhibitor’s representatives must be delivered in writing to PBS no
less than ninety (90) days prior to an Event.
1. RELEASE; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
17.1 RELEASE. EXHIBITOR HEREBY EXPRESSLY RELEASES PBS AND EACH OF ITS MEMBERS,
EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES AND ASSIGNS, AS WELL AS VENUE
OPERATOR (COLLECTIVELY, THE “PBS PARTIES”) FROM ANY AND ALL DAMAGES, CLAIMS, COSTS AND
OTHER LIABILITIES ARISING OUT OF OR OTHERWISE RELATING TO THE EVENT, INCLUDING WITHOUT
LIMITATION ALL (A) DAMAGE TO THE EXHIBITOR SPACE AND/OR OTHER PART OF A VENUE OR THE LOSS
BY THE EXHIBITOR SPACE (OR THE VENUE ALTOGETHER) OF ELECTRIC POWER, INTERNET ACCESS,
AND THE LIKE, AND (B) ANY LOSS, THEFT, DAMAGE OR DESTRUCTION OF/TO ANY OF EXHIBITOR’S
PROPERTY (OR THAT OF ANY REPRESENTATIVE OF EXHIBITOR) OR ANY PROPERTY OF OTHERS, EVEN IF
SO ARISING DUE TO THE NEGLIGENCE OF ANY OF THE PBS PARTIES.
17.2 DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE
CONTRARY, EXHIBITOR AGREES THAT (A) EXHIBITOR’S PARTICIPATION IN EVENT IS AT EXHIBITOR’S
SOLE RISK, (B) NONE OF THE PBS PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY
TO EXHIBITOR, ANY OF ITS REPRESENTATIVES OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR
ADVERSE CONSEQUENCE RELATED TO EXHIBITOR’S ATTENDANCE AT THE EVENT OR OTHERWISE ITS
INTERACTION WITH PBS, (C) EACH OF THE PBS PARTIES SPECIFICALLY DISCLAIMS ANY WARRANTIES
THAT THE EVENT OR THE EXHIBITOR’S SPACE WILL MEET EXHIBITOR’S NEEDS OR REQUIREMENTS, OR
THAT EXHIBITOR’S PARTICIPATION IN AN EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, (D) NONE
OF THE PBS PARTIES MAKE ANY REPRESENTATION, WARRANTY GUARANTEE OR PROMISE, EXPRESS OR
IMPLIED, THAT EXHIBITOR SHALL DERIVE ANY BENEFIT THROUGH EXHIBITOR’S PARTICIPATING IN, OR
OTHERWISE IN CONNECTION WITH, THE EVENT, INCLUDING WITHOUT LIMITATION ANY INCREASED
BUSINESS OR GOODWILL, AND (E) OTHER THAN FOR THE EXPRESS WARRANTIES MADE IN THIS
AGREEMENT, NONE OF THE PBS PARTIES MAKES ANY WARRANTY REGARDING OR RELATING TO ANY
EVENT OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, OR ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY,
TIMELINESS, OR SUCCESS OF ANY EVENT. IN EXCHANGE FOR THE EXHIBITOR FEES, PRODUCTS,
SERVICES AND/OR OTHER ITEMS BEING PROVIDED BY EXHIBITOR TO PBS UNDER THIS AGREEMENT,
PBS SHALL BE OBLIGATED ONLY TO UNDERTAKE SUCH ACTIONS EXPRESSLY SET FORTH IN THIS
AGREEMENT.
17.3 LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
IN NO EVENT SHALL ANY OF THE PBS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RELATED TO
SUCH PARTY’S INVOLVEMENT IN THE EVENT OR OTHERWISE WITH EXHIBITOR OR ANY OF EXHIBITOR’S
REPRESENTATIVES, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR
ANTICIPATED LOST PROFITS, BUSINESS OR GOODWILL AND THE LIKE, WHETHER SUCH LIABILITY ARISES
FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE PBS PARTIES TOGETHER, AND EXHIBITOR’S
EXCLUSIVE REMEDY FOR ANY DAMAGES RELATING TO ANY EVENT AND/OR ANY OTHER INTERACTION
WITH ANY OF THE PBS PARTIES, IS LIMITED TO THE LESSER OF (A) ONE-HALF (½) OF THE AGGREGATE
EXHIBITOR FEES PAID TO PBS BY EXHIBITOR FOR THE EVENT IN CONNECTION WITH WHICH THE CLAIM
REGARDING SUCH LIABILITY IS BASED (AND NEVER TO EXCEED THE EXHIBITOR FEES APPLICABLE TO
THE EVENT), OR (B) ONE THOUSAND DOLLARS ($1,000). THIS LIMITATION OF LIABILITY PROVISION IS
INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE
BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. SOME OF THE ABOVE LIMITATIONS IN THIS SECTION
17 MAY NOT APPLY TO EXHIBITOR, AS SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.
1. INDEMNIFICATION.
Notwithstanding anything to the contrary in this Agreement, Exhibitor shall indemnify, defend and hold each of the
PBS Parties harmless from and against any and all claims, damages, liabilities, costs, and expenses (including, but
not limited to, reasonable attorneys’ fees and disbursements and all other associated costs of a lawsuit or lawsuits),
arising out of, in connection with or related to (a) any breach by Exhibitor (or any representative of Exhibitor) of any
representation, warranty or covenant made by Exhibitor in this Agreement and/or any other writing between Exhibitor
and PBS, (b) any failure by Exhibitor (or any representative of Exhibitor) to fulfill any of Exhibitor’s obligations in this
Agreement and/or any other writing between Exhibitor and PBS, (c) any use of the Materials, (d) Exhibitor’s
participation (or the participation of any representative of Exhibitor) in any Event, (e) the violation of any law or
regulation by Exhibitor or any representative of Exhibitor, (f) the negligence or misconduct of Exhibitor or any
representative of Exhibitor and/or (f) the negligence or misconduct of any third party retained by Exhibitor in
connection with the Event. Any PBS Party covered by the provisions of this Section 18 shall reasonably cooperate
with Exhibitor and shall at all times have the right fully to participate in such defense with its own counsel and at its
own expense. Exhibitor shall not enter into any settlement that imposes any liability or obligation on any of the PBS
Parties or contains any admission or acknowledgment of any wrongdoing by any such party (whether in tort or
otherwise), without each such Party’s prior written consent.
1. SECURITY
Exhibitor is responsible for the security of their Exhibit Space. Exhibitors are encouraged to budget and make security
arrangement for sensitive or valuable items. If insurance to cover the above is desired, it must be acquired and paid
for by Exhibitor.
1. FILMING OF THE EVENT; PHOTOGRAPHY.
Photographs may only be taken with the expressed authority of PBS. Videotaping or filming, other than your own
exhibit, is not permitted in the exhibit area without prior written permission from PBS. However, Exhibitor grants PBS,
its contractors, licensees and assignees the irrevocable right to make photographs and audio/video recordings and
reproduce, distribute, sell, transmit, stream, display and publicly perform recordings, transcriptions and derivative
works in any medium containing the image of the Exhibitor’s Exhibit Space, equipment and/or image and statements
of its officers, employees, agents and invitees at the Event. Additionally, Exhibitor grants PBS the right to use
Exhibitor’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and
displayed by Exhibitor), and the name, image, likeness, voice and biography or each representative of Exhibitor, in
any manner or media whatsoever (whether now known or hereafter devised) for the purposes of advertising or trade
in promoting and publicizing the Event.
1. APPLICABLE LAWS, RULES AND REGULATIONS.
Exhibitor and Exhibitor’s representatives shall comply with all applicable laws, rules, regulations, codes and
ordinances of governing authorities (including without limitation all applicable and other code regulations), now in
effect or hereafter promulgated, regarding the planning, construction, maintenance, modification and removal of
exhibitions and/or the occupancy of the Exhibitor Space, or otherwise pertaining to the Event.
1. NOTICES.
All communications hereunder shall be in writing and shall be sent by postal mail to PBS at Pittsburgh Business
Show, 300 Bursca Drive Suite 301, Bridgeville, PA 15017 with a copy by email to:
info@pittsburghbusinessshow.com, and to Exhibitor using the contact information provided by Exhibitor to PBS;
provided however, that during an Event, such communications must be delivered by hand to an authorized
representative of Exhibitor or PBS.
1. NON-DISPARAGEMENT.
Neither Exhibitor nor any of Exhibitor’s agents and/or representatives shall disparage, slander or otherwise act in a
fashion designed to injure any of the PBS Parties and/or the Event. This Section 23 is effective upon acceptance of
this Agreement and shall continue, in perpetuity, beyond the date of the Event.
1. GOVERNING LAW; JURISDICTION.
This Agreement and any executed Sponsorship Form (if applicable) and all other writings by and between Exhibitor
and any of the PBS Parties shall be governed and construed in accordance with the laws of the Commonwealth of
Pennsylvania, not withstanding any choice-of-law principles, and all claims arising out of or relating to this Agreement
and/or any such other documentation, or the breach thereof, whether sounding in contract, tort or otherwise, shall
likewise be governed by the laws of the Commonwealth of Pennsylvania.
1. TIMELY FILING OF CLAIMS.
EXHIBITOR ACKNOWLEDGES AND AGREES THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THEIR PARTICIPATION IN THE EVENT OR OTHERWISE ARISING OUT OF EXHIBITOR’S
INTERACTION WITH ANY OF THE PBS PARTIES MUST BE FILED BY EXHIBITOR PURSUANT TO SECTION 24
ABOVE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE
ARISEN.
1. MODIFICATION.
PBS reserves the right to modify this Agreement or the terms hereof at any time and all changes, amendments and
additions so made shall be binding on the Exhibitor with the provision that all exhibitors will be advised of any such
changes.
1. MISCELLANEOUS.
This Agreement, and the Sponsorship Form (if applicable) represent the exclusive binding agreement between
Exhibitor and PBS, and shall replace all other prior written or oral agreements between Exhibitor and PBS with
respect to the subject matter hereof, and may not be modified except in a writing signed by both Exhibitor and PBS.
The section headings included herein are for convenience only and shall have no substantive effect. Facsimile
versions of all signatures to the aforementioned agreements, where applicable, shall be acceptable as originals. The
failure of PBS to enforce any provision of this Agreement or the Sponsorship Form (if applicable) shall not be
construed as a waiver of such provision or of the right of PBS to thereafter enforce any such or any other provision.
Except for the obligations that are specifically designated in this Agreement and/or any Sponsorship Form (if
applicable) as contingent, the provisions of such documents are severable. If any one or more provisions of this
Agreement and/or any Sponsorship Form (if applicable) are or may be determined to be unenforceable, in whole or in
part, the remaining provisions of such documents shall nevertheless be binding and enforceable to the maximum
extent permitted by law. The provisions of this Agreement and the Sponsorship Form (if applicable) will survive
termination or expiration to the extent necessary to carry out the intentions of PBS and Exhibitor.
PRIVACY POLICY
Thank you for choosing to attend the Pittsburgh Business Show Event (the “Event”), hosted by the Pittsburgh
Business Show, LLC (“PBS”) at the David L. Lawrence Convention Center in Pittsburgh (the “Venue”). Your privacy is
important to us. As such, we are providing this privacy statement explaining our information practices and the choices
you can make about the way your information is collected and used by virtue of registering for, and/or attending, this
Event.
The Information We Collect
Personally Identifiable Information
Attendees of the Event can, either at the Venue on the day of the Event, or through our website
http://PittsburghBusinessshow.com, order/purchase tickets to the Event, order products, enter contests,
vote in polls or otherwise express an opinion, subscribe to one of our services such as our newsletters,
obtain tickets to our business fairs, or even sponsor or become an exhibitor at the Event. In the course of
visiting our website or attending the Event, we often seek to collect various forms of Personal Information
from you. “Personal Information” is information that would allow someone to identify or contact you,
including, for example, your full name, address, and telephone. Our Admission Policy may require proof of
business.
Child Policy
Children 15 years and younger are required to be under adult supervision at all times. If a child is found without adult
supervision they will be escorted from the Event floor and taken to the show office. If we are unable to reach the
registered adult we reserve the right to contact the local police department to supervise them. You will be required to
present proof of age (i.e. birth certificate, government/state issued ID). No one under 18 years of age will be allowed
on the show floor during move-in and move-out.
Sample Bag Policy
It has been determined from both attendee and exhibitor feedback that 1,000 sample bag(s) per day is sufficient for
attendees to bring home product and literature from the Event. Therefore, each attendee is permitted to exit the show
floor with 1 (one) sample bag per day. At the close of the Event, exhibitors can donate their remaining product or
authorize an attendee to take the product with them. In the instance an exhibitor would like to authorize an attendee
to take a large quantity of product samples that exceed more than 1 (one) sample bag, the exhibitor and attendee
must visit the PBS Service Center prior to the close of the Event. At this time, the exhibitor must complete either an
Outbound Material Handling Form to send the product home with the attendee or a Bill of Lading to ship the product
to the attendee. PBS will provide further instructions to the attendee on pick-up location and time. Product may not be
sold to an attendee.
Literature, Product Distribution
Company promotion, sample and literature distribution by exhibitors must be done within their contracted exhibit
space, with the exception of designated sponsorships and marketing opportunities.
Only contracted exhibitors are permitted to promote their products, services or company at the Event. Unless a
marketing opportunity (i.e., sponsorship, showcase, exhibitor-presented seminar) has been contracted by the
exhibitor, all company promotion and product sampling must occur within the contracted booth space. This includes,
but is not limited to “roaming” characters, handing out flyers, approaching exhibitor booths to sell products, leaving
and/or distributing product information in public spaces and show floor aisles, all of which are prohibited. Exhibitors
found doing so will be sent back to their booth space and materials left will be recycled. Attendees will be asked to
leave the show and forfeit their badge. Any “suitcasers” should be reported to the PBS show office.
Animal Policy Reminder
Pets are not allowed at the Event. The only exception is for service dogs, which must be kept under control at all
times. Please contact PBS with questions.
Photography/Videography Policy
Any attendee of—including exhibitors and/or qualified press—who wishes to photograph or film at the show is
required to check in with PBS personnel onsite to sign a waiver and receive written authorization upon each day of
filming.
Live TV and nationally syndicated film crews must check in with PBS to receive an authorization sticker (“Press
Badge”) and must be escorted by a representative of PBS in order to photograph and/or videotape at the show.
Private consultants who are paid by an individual company are not eligible for a Press Badge, and should request a
badge from the sponsoring company. See PBS personnel for complete information on qualifying for a Press Badge.
Exhibitors and their private consultants are permitted to photograph and videotape subject to the Exhibitor Contract
agreed to upon registration.
Any permitted photographers and videographers are required to obtain a Press Bade or other form of written
authorization from PBS before filming any exhibitor’s booth and must refrain from filming those who do not grant
permission.
Qualified press who have obtained a Press Badge and are photographing and/or filming at the show may not, under
any circumstances, solicit payment from exhibitors for service. Those who are found to be soliciting payment will have
their Press Badges immediately revoked, and may be banned from future events.
Filming, videotaping and photography are prohibited at all events, education and seminar sessions, including keynote
presentations.
Attendee indemnifies and holds harmless PBS, their respective officers, directors, officials, employees, agents,
contractors and representatives, with respect to any claims from any third party claims whatsoever arising from
Attendee’s activities under this agreement.
No other photography or videography is permitted. We reserve the right to refuse entrance to any
photographer/videographer.
Each exhibitor and attendee of the Show (i) authorizes PBS (and its officers, directors, officials, employees, agents,
contractors and representatives) to photograph and/or record all or any part of the Event and (ii) grants PBS the
worldwide, perpetual, royalty free right and license to reproduce, distribute, transmit, publicly perform and publicly
display all such photographs and recordings, including without limitation, the name, images and likenesses of
attendee or exhibitor contained therein (and any derivative works thereof) in any medium (now existing or hereafter
developed).
Rolling Carts & Strollers
For safety reasons, rolling carts, rolling bags, strollers, and bags with wheels are not permitted on the Event floor
during Event hours, except where such rolling carts or bags are a medical necessity. Exhibitors may roll in small
briefcases and small backpacks prior to the Event floor opening each day. Please see a PBS representative with any
onsite questions or needs. If rolling bags are found on the floor the attendee may be asked to leave the Event floor
and may have their badge confiscated.
Badge Reprint Fee
In the event that you lose or forget your badge there will be a reprint fee for a replacement badge. To have a
replacement badge printed please go to registration with your identification, and one will be printed for you for as
detailed below:
Identification policy/ Right to Verify Identity
Identification is required at all times while attending Event. It will be required for entry to the Event at all times.
PBS reserves the right to verify the identity of any persons, accepting and/or using a show badge. Any person found
using another person’s badge will have the badge confiscated and will be asked to leave the premises or correctly
register.
Badge Name Changes
No name changes on badges will be accepted after a badge has been printed.
Use of Personal Information
By attending the Event, you acknowledge that your Personal Information (not including any credit card information)
may be used by exhibitors and other attendees to effectively provide follow up post event with attendees, and to
provide the attendees a list of exhibitors that they visited onsite. By registering and providing your Personal
Information, you acknowledge and agree to the use by PBS of your contact information to communicate with you
about events, products, services and offerings by PBS, its affiliates, and/or third-party partners, or exhibitors. In
addition, you understand that your personal information may be shared with any sponsors of the Show, so they can
contact you directly about their products or services. Your Personal Information may also be shared with other
participants in the Event.
Hold Harmless Policy
You hereby agree to defend, indemnify, and hold harmless (and to the maximum extent permissible under applicable
law, you hereby expressly release and discharge) (i) PBS and its equity owners and affiliates; (ii) the Venue and its
owners, affiliates, lessors and lessees; and (iii) official Event service contractors and security services (all of the
foregoing in clauses (i) through (iii), collectively, “Event Providers”), and each of their respective officers, directors,
officials, employees, agents, contractors, and representatives (collectively, “Representatives”) from and against any
and all alleged and/or actual claims, actions, lawsuits, proceedings, damages, penalties, demands, losses, expenses,
fees (including reasonable attorney fees), costs or liabilities of any kind or nature whatsoever (collectively, “Claims”),
including but not limited to any Claim for property damage and/or personal injury, in connection with, caused by or
arising out of the attendance at and/or participation in the Event by (A) you, (B) your Representatives (or any other
party acting on your behalf), or (C) any of your agents, invitees, patrons or guests (all of the foregoing in clauses (B)
and (C), collectively, “Related Parties”), whether as a result of (i) your or any Related Party’s act, omission,
negligence or willful misconduct, (ii) you or any Related Party’s violation of any policy of, or breach or alleged breach
of any agreement with, PBS or any other Event Provider, (iii) your or any Related Party’s violation of any applicable
law, regulation, rule, or ordinance, (iv) your or any Related Party’s infringement of any third party rights, including
without limitation, the infringement of any patented, trademarked, franchised or copyrighted music, materials, devices
or dramatic rights used or incorporated in the Event by you or any Related Party, or (v) otherwise, and in each case,
whether or not foreseeable. This provision shall survive any termination or expiration of this agreement.
Right to Deny or Remove
We reserve right to deny admission to, or remove any party from, the Event for any reason.
All Event policies are subject to change in PBS’s sole discretion.