Limits of Liability
Limits of Liability
Exhibitor agrees that Show Management, Show Management’s Service Contractors, the Facility and their representatives, employees and agents are not liable for any injury or damage that may occur to Exhibitor, or to Exhibitor’s employees, agents, guests or property from any cause whatsoever, prior to, during or subsequent to the period covered by this Agreement.
Exhibitor assumes responsibility and agrees to protect, indemnify, defend, save and hold harmless Show Management and its corporate agents, officers and employees against all claims, liabilities, losses, damages, governmental charges, and costs (including attorneys’ fees) arising out of, caused by, or relating to (1) Exhibitor’s installation, removal, maintenance, occupancy, or use of the Show’s premises or any part thereof; (2) any act or omission to act of Exhibitor or its guests, invitees, employees, agent, or contractors; (3) the use of any patents, trademarks, copyrights, or other intellectual property rights owned by a third party; (4) any breach by Exhibitor of its obligations under this Agreement, or (5) any other claims or expenses arising out of the Facility.
Exhibitor assumes responsibility or liability for losses, damages and claims arising out of injury or damage to, or caused by Exhibitor’s displays, equipment, employees or representatives. Exhibitor agrees to pay promptly for any and all damage to the Facility or its equipment, incurred through carelessness or otherwise, caused by the Exhibitor, its employees, agents, contractors or representatives.
Exhibitor acknowledges that Show Management does not maintain insurance covering damage, destruction or loss of Exhibitor’s property and Show Management assumes no responsibility for loss or damage to the Exhibitor’s property. Accordingly, it is the sole responsibility of the Exhibitor to obtain any and all insurance they deem necessary for covering any losses, damage or destruction of said persons or property. Regardless of failure of exhibit material arrival, or damage of exhibit materials, Exhibitor is responsible for the full cost of the Exhibit rental and no refund shall be forthcoming.
Exhibitor expressly holds Show Management harmless and hereby expressly releases Show Management from any and all claims and actions including without limitation, claims, and actions arising out of the postponement or cancellation of the Show, and claims and actions directly or indirectly related to any loss, damage or injury incurred by Exhibitor or Exhibitor’s guests, invitees, agents, servants, contractors, or employees.
In no event shall Show Management or any of its affiliates be liable for any special, incidental, indirect, punitive, or consequential damages arising out of or in connection with this Agreement. Notwithstanding the foregoing, the maximum liability of Show Management and its affiliates and Exhibitor’s remedy for any claim of loss or damage arising from or related to this Agreement, regardless of the form of action, whether arising out of any tort, contract, legal or equitable claim or cause of action whether cumulative or singular, joint or several, shall be limited to one-half of the fees paid to Show Management hereunder.
Cancellation or Change of Show Venue
If Facility becomes unfit for occupancy or substantially interfered with due to any cause not within the control of Show Management, the Show may, at the sole discretion of Show Management, be cancelled, relocated, or delayed. Exhibitor understands and acknowledges that Show Management shall not be responsible for delays, damage, loss, increased costs, or other unfavorable conditions arising out of causes not reasonably within the control of Show Management. Should Show Management cancel, relocate, and/or delay the Show pursuant to any condition not under the control of Show Management, Exhibitor hereby waives any and all claims for injury, loss or damage arising therefrom. Miscellaneous Show Management shall have sole control over admission policies at all times.
Exhibitor acknowledges and agrees that Show Management makes no representation or warranties with respect to the number of Show attendees, or the demographic nature of such attendance. Exhibitor agrees that Show Management will not be liable in the event of any errors or omissions in the Show’s program listing or in any related materials. If any provision or portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties and the remainder of this Agreement will continue in full force and effect.
This Agreement shall be governed by Canadian law, without application of its conflict of laws principles. Any suit relating to this Agreement shall be instituted in a provincial court of British Columbia, and the parties submit to the jurisdiction of any such court.