For the purposes of these conditions Heritage Park Society and their duly authorized representative shall herein be referred to as the Park, the Festival of Quilts event shall herein be referred to as the Show, and the exhibitor shall herein be referred to as the Merchant.
1. PAYMENT SCHEDULE & SPACE CANCELLATION –Full payment is due on the date noted on the registration form.
Either party may cancel this contract on WRITTEN NOTICE to the other party. By cancelling this contract the Merchant forfeits all rights or claims to the allocated space and the Park is free to rent it to others. Refunds for cancellations are tiered and are as outlined below:
- Merchant cancels in writing 15 days and less prior to the opening of the Show – NO refund
- Merchant cancels in writing 16-28 days prior to the opening of the Show – 50% refund of the FULL FEE
- Merchant cancels in writing 29 days prior to the opening of the Show – Full refund of any amounts received by the Park
Cancellation by the Park: The Park reserves the right to cancel the Show in whole or in part, for any reason. In the event of such cancellation by the Park, any money paid by the Merchant shall be refunded and the Merchant shall have no other recourse against the Park.
2. ALLOTMENT OF SPACE – The allotment of space shall be at the absolute discretion of the Park. In all cases the Park reserves the right to reject or accept in whole or in part any applications from Merchants or potential Merchants.
3. USE OF SPACE – The space is to be used solely for the Merchant whose name appears on the application and only for those products listed on the application. The Merchant agrees the allotted space shall not be assigned, shared, or subleased in whole or in part, except by WRITTEN approval of the Park.
The Merchant agrees to confine their presentation to the contracted space only, and within the maximum height set by the Park. The Park does not provide Merchants with exclusivity to any one particular product or service unless specifically negotiated in writing through sponsorship or other written agreements.
4. STAFFING OF BOOTHS – Booths shall be staffed by agents of the Merchant. Merchants and their agents must wear an appropriate ‘Festival of Quilts’ name badge at all times when the Show is officially open.
5. DAMAGE AND LIABILITY – The Merchant is responsible for any and all damage to the exhibit facility, Show property or display equipment caused by the Merchant, agents of the Merchant, or family members and/or guests at the Show specifically to see the Merchant. The Park will maintain a watchman service and will take reasonable precautions to safeguard the Merchant’s property: however, notwithstanding security provided by the Park, the Park assumes no liability for loss or damage, through any cause, of goods, exhibits or other materials owned, rented or leased by the Merchant. The Merchant, or an agent of the Merchant must be on site during the hours the Show is open, and will be directly responsible for the Merchant’s exhibit.
The Merchant shall indemnify the Park and The City of Calgary, and hold them harmless from any complaints, suits, or liabilities resulting from negligence of the Merchant in connection with the Merchant’s use of display space. The Merchant is responsible for the placement and cost of insurance related to her/his participation in the Show. The Merchant will accept the space in the condition in which it is rented. All operating electrical equipment used in the exhibit must have C.S.A. or equivalent provincial power authority approval.
6. RESTRICTIONS – The Park reserves the right to limit noise, smell, dust, smoke, litter, and method of operation, creation of safety hazards or any other issue created by the Merchant that may become objectionable or otherwise distract from or be out of keeping with the character of the Show. The Park reserves the right to approve or deny any and all products, materials, or displays of the Merchant.
The Merchant acknowledges that he/she is one of many Merchants and agrees to cooperate with the other Merchants and to not interfere with them or create any nuisance. The Park will have final determination in any dispute and shall settle any dispute among Merchants, including any conflict of products or other materials. The Park’s decisions in these matters are final and the Merchant agrees to accept those decisions without further conflict.
7. INTERPRETATION AND ENFORCEMENT – Management of the Show rests solely with the Park. These conditions of contract, display rules and regulations form part of the contract between the Merchant and the Park. All matters in question not covered by these regulations are subject to the decision of the Park. All decisions so made by the Park will be adhered to by all parties. It is the responsibility of the Merchant or any agent of the Merchant to familiarize themselves with these rules and regulations.
8. The Park reserves the rights to reproduce photographs, images and likenesses taken during the Show for future promotional purposes. The Merchant, by taking part in the Show, agrees that the Park can use any images and names of the Merchant or any agent of the Merchant for promotional purposes and acknowledges that there will be no compensation for the use of their image(s) and/or name(s).
