The exhibitor and Del Rio Marketing, Inc. hereinafter referred to as Lowrider Events agree as follows:
1) The Exhibitor is hereby granted the right to use the space assigned to him/her to display, demonstrate, or sell only the products or services as described on the front of the application.
The Exhibitor shall be entitled to the use of the space for the period of the designated show hours and shall abide by the move-in and move-out times. All promotion and merchandise
products shall be sold in your assign space. Floater passes are the ONLY VENDORS allowed to walk the show grounds. No property or material shall be removed prior to the
advertised show closing hours of the exhibition without the express prior written Del Rio Marketing, Inc. consent of Lowrider Events.
2) Lowrider Events reserves the right to disapprove/reject the display of any item that it reasonably and in good faith determines is not in keeping with the nature, character, or orderly conduct
of the show. Lowrider Events reserves the right to prohibit Exhibitors from selling any product or products that are licensed Lowrider products sold exclusively by Lowrider Events and for
event sponsors. The Exhibitor shall not utilize any scheme or device that is illegal, in bad taste, or detrimental to the automotive or advertising industry. Lowrider Events will require the
cessation of any such activity. The Exhibitor must have written Del Rio Marketing, Inc. permission from Lowrider Events in order to have any raffles, lotteries, giveaways,
sweepstakes, etc. at the event.
The exhibit must be arranged in a manner that will not interfere with other exhibits, particularly those in close proximity to the Exhibitor. No apparatus or device shall be placed in the exhibit
that will produce undue noise or in any way interfere with or be objectionable to any exhibitor. The Exhibitor is responsible for all main Del Rio Marketing, Inc. of the exhibit at all times,
including the hours during which the exhibition is open to the public. The exhibit will be maintained in a clean and orderly manner and will take any steps that may be necessary to prevent
injury to any person or exhibit on the premises. The Exhibitor is financially responsible for keeping all equipment (i.e. Golf carts, chairs, tables, canopies, etc.) rented or provided by Lowrider
Events in the same condition it was given to him/her. The Exhibitor will be billed for any damage or lost equipment.
3) In the event the premises in which the exhibit is to be held is destroyed or damaged by fire, the elements or other calamity, or other causes beyond the control of Lowrider Events so that
the exhibition cannot be held; Lowrider Events shall not be liable to the Exhibitor except to the Del Rio Marketing, Inc. of returning any payment previously made by the Exhibitor to
Lowrider Events pursuant to this agreement.
Lowrider Events shall not be responsible or liable for the loss of or damage to any of the property of the Exhibitor. The Exhibitor shall, at its own expense, obtain the necessary insurance
coverage with respect to loss by fire, theft, accident, or other causes if that type of protection is desired.
4) The Exhibitor agrees to abide by any other rules of operation that Lowrider Events may establish. A violation of any rule of conduct or a breach of any covenant in this agreement is cause for
Lowrider Events to close the exhibit. In the event of closure, no refund shall be allowed.
This writing contains the agreement of the parties. No representations other than those expressly set forth in this agreement were made or relied upon by either party. No agent, employee, or
other representative of either party is empowered to alter any of the terms of this agreement. Only an executive officer of the respective parties in a written Discovery and signed document
can alter this agreement.
CONTROLLING LAW
In addition to the terms expressly set forth in this agreement, the parties agree to be bound by the provisions of the prime arrangement Lowrider Events has with the owner of the premises for
the use of the premises or the rules and regulations of the owner concerning the exhibition and the exhibit.
The validity, interpretation, and performance of this agreement shall be controlled by and construed under the laws of the state in which the show is being held. This agreement is subject to all
laws, statues, ordinances, orders, regulations, and directives which may be imposed by federal, state or local governments; both parties shall obey the same.
RELEASE
This Release (the “Release” or this “Agreement”) is entered into on the date indicated on the booth form by the person identified in the signature (“Undersigned”). Undersigned will be at
Del Rio Marketing, Inc. and/or participating in an event hosted, promoted, operated, and/or produced by Lowrider Events ~ Del Rio Marketing, Inc. (the “Event”).
RECITALS
WHEREAS, as a condition of being present at the Event, Undersigned has agreed to enter into this Release. NOW, THEREFORE, in exchange for the mutual promises made herein, and for other
good and valuable consideration, the Parties, in Del Rio Marketing, Inc. to be legally bound, agree as follows:
1. Definitions.
(a) “Event Parties” means collectively the following entities and their respective parent companies, subsidiaries, affiliates, and each of their respective officers, directors, shareholders,
members, managers, employees, agents, and assigns: (i) Del Rio Marketing, Inc. (“Del Rio Marketing, Inc.”); (ii) any sponsors of the Event; (iii) the agencies representing any
sponsors or clients of the Event; (iv) all vendors and subcontractors engaged by Del Rio Marketing, Inc. in connection with the Event; and (v) the owner of the property used for the Event.
(b) “Footage” means collectively all video, video tape recordings, film, photographs, digital photographs, and all other digital assets that depict or record the Event and/or Undersigned’s
presence at the Event.
2. License Rights. In connection with Undersigned’s presence the Event, Undersigned hereby grants to Del Rio Marketing, Inc. the irrevocable, world-wide, perpetual, transferable and
sub-licensable, and royalty free right and license to: (i) photograph, videotape, and otherwise record Undersigned’s presence at the Event; and (ii) use, reproduce, distribute, and publicly
display Undersigned’s name, likeness, image, and voice as captured in the Footage in connection with the use, distribution, reproduction, and/or other commercial exploitation ofthe
Footage by Del Rio Marketing, Inc. or other Event Parties.
3. Assumption of the Risk/Release of Liability. Undersigned acknowledges that the activities of the Event are dangerous and involve the risk of serious injury and/or death and/or property
damage. Undersigned hereby releases, waives, discharges and covenants not to sue the Event Parties from all liability to the Undersigned, his/her personal representatives, assigns, heirs,
and next of kin, for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property resulting in death of the Undersigned arising out of or related
to the Event, whether caused by negligence of any Event Parties or otherwise. Undersigned further shall indemnify and save and hold harmless the Event Parties and each of them from any
loss, liability, damage, fees or costs that may be incurred arising out of or related in any manner to Undersigned’s presence at the Event, and whether caused by the negligence of any of the
Event Parties. Undersigned hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Event. If Undersigned is not comfortable
with the release of claims effected by this Section 3, Undersigned should not be present at the Event.
4. Miscellaneous Provisions. This Agreement cannot be amended, modified or changed in any way whatsoever. This Agreement shall be governed by and interpreted in accordance with the
laws of the state of California without regard to the principles of conflicts of law and all actions arising hereunder shall be brought exclusively in the state or federal courts in or for Los
Angeles County, CA. In the event of any action, suit or proceeding arising out of or related to this Agreement, the prevailing party in such litigation shall be entitled to recover its attorneys’
fees incurred in connection with such litigation. In the event that any provision in this Agreement is held invalid or unenforceable, such provision will be severable from, and such invalidity or
unenforceability will not be construed to have any effect on, the remaining provisions of this agreement.