Treat Yourself LLC Exhibitor Agreement
This Exhibitor Agreement (this “Agreement”) is entered into by you, the exhibitor, (hereinafter, “you” or “Exhibitor”) and Treat Yourself LCC, and sets out the the terms and conditions governing your participation in Treat Yourself LA (each, an “Event”). By participating as a Exhibitor at the Event, you acknowledge that you have read and agree to the terms set out below.
Application & Payment: In order to participate in the Event, Exhibitor must fill out an application for the Event (each an “Application”) specifying the details of your requested participation in the Event. Details relating to the Event can be found in the FAQ. Space is limited and Treat Yourself LLC reserves the right to accept or reject any Exhibitor in its sole discretion. When and if Exhibitor’s Application is accepted, Exhibitor will be notified via email.
Services: Treat Yourself LLC reserves the right to assign Exhibitor a designated spot within the Event as it sees fit. Treat Yourself LLC does not accept requests for specific Exhibitor spot assignments and cannot guarantee that Exhibitor’s assigned spot will be free from structural or architectural obstructions. Exhibitors needing electricity or other services should notify Treat Yourself LLC within the Application, and terms will be established upon acceptance into the Event. Health and other required permits are to be acquired by the Exhibitor. Each Exhibitor will receive four wristbands for staff to gain access to the Event. Any additional staff will need to purchase general admission tickets.
Term: This Agreement commences upon Exhibitor's completion of the Application for the Event, and shall continue in effect through Exhibitor's participation in the Event, unless otherwise terminated in accordance with the terms contained herein.
Liability: Treat Yourself LLC shall not be responsible for any loss or damage incurred by Exhibitor, including, without limitation, damage to Exhibitor’s property, loss of property, or injury to or death of Exhibitor (or its agents, employees, and/or personnel). In no event shall Treat Yourself LLC be liable for any consequential, incidental, indirect, punitive or special damages regardless of the cause of such damages. Exhibitor expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Exhibitor, and hereby releases and waives any claims against Treat Yourself LLC related to such loss, damage, liability, injury, and/or destruction. Exhibitor covenants that it shall be fully responsible for any damages resulting from its participation in the Event, and agrees to indemnify, defend, and hold Treat Yourself LLC (and its officers, employees, agents, Exhibitors, affiliates, and representatives) harmless against any claims arising out of or related to Exhibitor’s participation in the Event, including claims arising out of Exhibitor’s negligent actions or omissions.
Insurance: Exhibitor represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Exhibitor will conduct at the Event.
Representations and Warranties: Treat Yourself LLC makes no representation, guarantee, or warranty with respect to the Event. All warranties, express or implied, are hereby disclaimed, including, without limitation, the warranties of marketability and fitness for a particular purpose. Treat Yourself LLC does not guarantee any level of attendance at the Event. The Exhibitor list, map, and spot assignments are subject to change without notice.
Cancellations: If there is a cancellation:
By Exhibitor: If Exhibitor needs to cancel, they must notify Treat Yourself LLC by email to hello@treatyourselfLA.com. Any cancellations within four weeks of the event are subject to fees, dependent on individual Exhibitor terms agreed upon. By cancelling, Exhibitor forfeits their spot at the Event and any other arrangements set herein.
By Treat Yourself LLC: If a cancellation of the Event by Treat Yourself LLC is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which (in Treat Yourself LLC’s sole judgment) may compromise the safety of Event participants, then the Event will not be rescheduled and Exhibitor will not be compensated for any damages.
Assignment: Exhibitor may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of Treat Yourself LLC. Only the accepted Exhibitors will be allowed to distribute their goods or services, and/or conduct activities at the Event.
Termination for Convenience: This Agreement may be terminated by Treat Yourself LLC at any time, with or without cause, immediately upon notice to the Exhibitor.
Termination for Default: Either party may terminate this Agreement immediately upon notice to the other party in the event of a breach or default by the other party of any term, condition, or covenant of this Agreement.
Code of Conduct:
Exhibitor agrees to read and abide by all directives, regulations, and Event rules provided, including those sent via email to the email address provided on Exhibitor Application. Treat Yourself LLC reserves the right to decline, prohibit, or expel any Exhibitor exhibit, or prevent any activity, displays, product, or conduct, which (in Treat Yourself LLC’s sole judgment) is out of keeping with the character of the Event or endangers the venue, any attendee, or other Exhibitors.
Exhibitor and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound by this Agreement and shall comply with its terms and all Event rules, regulations, and directives as may expressed to Exhibitor by Treat Yourself LLC in any way at any time. The terms of this Agreement, including any limitations and waivers, inures to the benefit of Treat Yourself LLC and its affiliates and Event co-producers and sponsors.
Nothing contained in this Agreement will be construed as creating a partnership, joint venture, employment relationship, agency, or other relationship between the Exhibitor and Treat Yourself LLC, or to make Treat Yourself LLC liable for the debts or obligations of the Exhibitor.
The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of California, without regard to its choice of law principles. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Los Angeles County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. The prevailing party in any such action shall be entitled to receive from the other its costs and expenses (including reasonable attorneys fees) in addition to any other relief it may be entitled to.
If any term herein is determined to be unlawful or unenforceable, then that term will be severed and the remainder of the Agreement will remain in force.
No amendment or revision to this Agreement shall be effective unless agreed to in writing by Treat Yourself LLC.
This Agreement is non-exclusive and Treat Yourself LLC reserves the right to contract with other Exhibitors for the Event.
Any delay or failure by Treat Yourself LLC to exercise any right or power under this Agreement shall not be construed to be a waiver of said right or power or any other right or power under this Agreement.