La Cita Participant Terms and Conditions
1) DEFINED TERMS. The term “Event” means La Cita de las Americas which location and dates (“Event Dates”) announced on the company’s web site, www.lacitadelasamericas.com. The Event is owned, produced and managed by , LA Cita de las Americas, LLC registered in the State of Florida, USA In this agreement, the term “La Cita” means, collectively, La Cita de las Americas, LLC unless the context requires otherwise. The term “Organization” means La Cita de las Americas, LLC.
The term “Participant” means the company or person(s) that applied for participation, company registration or delegate registration, and agreed to enter into this contract upon acceptance by La Cita in the manner stated below.
2) CONTRACT ACCEPTANCE. This contract shall become binding and effective only when it has been signed by the Organization, confirmed via e mail from La Cita, and all accounts paid. La Cita has the right to refuse acceptance of, or to cancel this contract for any or no reason.
3) ASSUMPTION OF RISKS / RELEASES. The Participant expressly assumes all risks associated with, resulting from or arising in connection with its participation in La Cita, including, without limitation, all risks of theft, loss, harm, damage, or injury to or of any person (including death), property, business or profits of the Participant, whether caused by negligence, intentional act, accident, act of God or otherwise. The Participant has sole responsibility for its property and any theft, damage or other loss to such property (whether or not stored in any courtesy storage area), including claims by its insurer. Neither La Cita nor the organizations hosting the event accepts responsibility for property delivered by or to The Participant. Neither La Cita nor the host facilities shall be liable for, and the Participant hereby releases all of them from, and covenants not to sue with respect to, any and all risks, losses, damages and liabilities whether described in this paragraph or not.
4) INDEMNIFICATION. The Participant shall indemnify, defend (with legal counsel satisfactory to La Cita), and hold La Cita and the host facilities harmless from and against any and all claims, demands, suits, liabilities, damages, losses, costs (including attorneys’ fees) and expenses which result from or arise out of or in connection with (a) the Participant’s participation in or presence at the host facilities, (b) any breach by the Participant of any agreements, covenants, promises or other obligations under this contract or any other contract, arrangement or agreement; (c) any matter for which the Participant is otherwise responsible under the terms of this contract or any other contract, arrangement or agreement, (d) any violation or infringement (or claim of violation or infringement) by the Participant of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right, (e) any libel, slander, defamation or similar claims resulting from the actions of the Participant, (f) harm or injury (including death) to the Participant, and (g) loss of or damage to property or the business or profits of the Participant, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance, or otherwise.
5) LIMITATION OF LIABILITY. Under no circumstances shall La Cita or the host facilities be liable for any lost profits or any incidental, special, indirect, punitive or consequential damages whatsoever, for any of their acts or omissions, whether or not apprised of the possibility of any such lost profits or damages. La Cita makes no representations or warranties, express or implied, regarding the number of delegates who will attend La Cita or regarding any other matters.
6) MANAGEMENT OF THE EVENT. The host facility may employ reputable guards during the course of the Event to regulate the flow of attendees. These guards are not security guards. Neither La Cita, nor the owners or lessors of the host facility, shall assume any responsibility for Participant’s personal safety or property. As a condition of participating in La Cita, the Participant shall insure its property against damage, loss and theft.
7) QUALIFICATIONS OF PARTICIPANT. La Cita, in its sole discretion, determines whether a prospective participant is eligible to participate in La Cita. Eligibility is generally limited to senior management personnel in the travel trade sector. Applicants will be required to submit a completed registration form and marketing survey and La Cita reserves the right to restrict or cancel any Participant that La Cita, in its sole discretion, believes is objectionable or inappropriate.
8) ASSIGNMENT OF BOOTH / OFFICE SPACE / BADGES. Booth / Office space on the selling floor shall be assigned by La Cita in its sole discretion. That assignment does not imply that similar spaces will be assigned for future Events. La Cita reserves the right to change the floor plan or to move a Participant to another booth / office location prior to the Event. La Cita reserves the right to determine the eligibility of any participant for inclusion. No Participant shall exhibit, or permit to be exhibited any merchandise other than that specified in its application. La Cita further reserves the right to add, alter or delete from the Event’s floor plan at any time in its sole discretion. All Participants are required to wear their Badges at all La Cita functions and on the business floor.
9) BOOTH PLACEMENTS. La Cita will attempt to honor all booth placement requests if application and payment are made within 60 (sixty) days of the event. However, La Cita reserves the right to make alternative placement. Offers made as to location of space are current policy and not a guarantee. La Cita shall be the final authority in assigning space.
10) CANCELLATION BY PARTICIPANT. If Participant desires to cancel this contract, Participant may only do so by giving notice to La Cita with acknowledgement of receipt by La Cita. In such case, or cases, Participant will continue to be liable for 100% of fees due unless the written notice of cancellation is received by La Cita no later than 90 days prior to the event dates. If written notice of cancellation is received 45 or more days before the opening date of the Event, Participant will be liable for 50% of the total fee. A 10% cancellation fee will be deducted from the original invoiced amount. Because these dates are related to the Event Dates and not to the date of this contract, these dates shall apply regardless of the date on which this contract is executed. This amount is considered to be liquidated and agreed upon damages for the losses La Cita will suffer as a result of Participant’s cancellation. La Cita reserves the right to treat Participant’s downsizing of registration as cancellation of the original contract and an offer to purchase new participant registration. The Participant may be required to move to a new location if it requests a downsizing of space. If Participant fails to claim credentials by the beginning of the first scheduled business appointment or fails to notify La Cita by email, La Cita shall have the right to terminate this contract and no refund will be due to Participant.
11) CANCELLATION BY LA CITA. If Participant fails to make payment required by this contract in a timely manner, La Cita may terminate this contract (and Participant’s registration in the Event) without further notice and without obligation to refund any monies previously paid. La Cita reserves the right to refuse Participant permission to move in and set up an exhibit if Participant has failed to timely make any payment due to La Cita. La Cita is expressly authorized (but has no obligation) to occupy or dispose of any space vacated or made available because of action taken under this paragraph in any manner it desires, and without releasing Participant from any liability hereunder. La Cita may also terminate this contract effective upon written notice of termination if Participant breaches any of its obligations under this contract or any other contract or arrangement with La Cita, without any obligation on La Cita’s part to refund any payments previously made and without releasing Participant from any liability arising as a result of or in connection with such breach. If La Cita removes or restricts a Participant that La Cita considers to be objectionable or inappropriate, no refund will be due to Participant.
12) CANCELLATION OF THE EVENT. If La Cita cancels the Event due to circumstances beyond the reasonable control of La Cita (such as acts of God, acts of war, governmental emergency, labor strike or unavailability of the host facilities), La Cita shall refund to Participant all fees, minus a reasonable share of costs and expenses incurred by La Cita, in full satisfaction of all liabilities of La Cita to Participant. La Cita reserves the right to cancel, rename or relocate the Event or change the Event Dates.
If La Cita changes the name of the Event, relocates the Event to another event facility within the same city, or changes the Event Dates to dates that are not more than 30 days earlier or 30 days later, no refund will be due to Participant, but La Cita shall assign to Participant, in lieu of the original space, other space as La Cita deems appropriate and Participant agrees to use under the terms of this contract. If La Cita elects to cancel the Event other than for a reason previously described in this paragraph, La Cita shall refund to Participant all fees previously paid in full satisfaction of all liabilities of La Cita to Participant.
13) LISTINGS AND PROMOTIONAL MATERIALS. By participating in the Event, Participant grants to La Cita a fully paid, perpetual, non-exclusive license to use, display and reproduce the name, trade names, logos, product names of Participant in any directory (print, electronic or other media) listing the companies participating at the Event and to use such names in promotional materials. La Cita shall not be liable for any errors in any listing or descriptions or for omitting Participant from any directory or other lists or materials. La Cita may also take photographs of Participant’s booth / office space and personnel during, before, or after the open hours of the Event and use these photographs for any promotional purpose.
14) CARE OF EVENT FACILITY. Participant shall promptly pay for any and all damages to the Host Facility or associated facilities, booth equipment or the property of others caused by Participant.
15) FOOD AND BEVERAGES. Participant may consume and distribute food or beverages from its booth / office as long as they provide for the necessary services to keep the area clean and professional in appearance.
16) INCORPORATION OF RULES AND REGULATIONS. Any and all matters pertaining to La Cita and not specifically covered by the terms and conditions of this contract shall be subject to determination by La Cita in its sole discretion. La Cita may adopt rules or regulations from time to time governing such matters and may amend or revoke them at any time, upon notice to Participant. Any rules and regulations are an integral part of this contract and are incorporated herein by reference. Participant shall observe and abide by additional regulations made by La Cita as soon as these additional rules or regulations are communicated to Participant. This contract (including any additional rules or regulations adopted by La Cita) states the entire agreement of the parties with respect to the subject matter hereof.
17) OUTSIDE EXHIBITS/HOSPITALITY SUITES. Participant is prohibited, without express advance written approval from La Cita, from displaying products/services and/or other advertising material in areas outside its booth / office space such as, but not limited to, parking lots, hotel lobbies, lounges, corridors, sleeping rooms, etc. as well as conducting unauthorized facility tours. Participant shall not operate hospitality suites during hours in which the Event is open or when any official La Cita approved activities are being held. Participant is prohibited from hosting hospitality functions during scheduled La Cita functions. All requests for a hospitality suite must be made through La Cita.
18) CONTRACTOR SERVICES. La Cita has contracted, on an exclusive basis, with official contractors to provide certain services for La Cita. Service companies other than the official contractors will not be allowed to perform any of these exclusive services. Non-exclusive services may be performed by exhibitor-appointed contractors within certain guidelines.
19) CHARACTER OF DISPLAYS. Use of Aisles and Common Areas. Distribution of samples, printed matter of any kind and any promotional material is restricted to the booth / office space. The aisles, passageways and overhead spaces remain strictly under control of La Cita and no signs, decorations, banners, advertising material or special exhibits will be permitted in the aisles except by written permission of La Cita. Any and all advertising distribution must be made from Participant’s booth / office space.
20) SOUND DEVICES. The use of devices for mechanical reproduction of sound or music may be permitted, but must be controlled so that both / offices on either side, behind and across the aisle approve.
21) FIRE AND SAFETY LAWS AND RULES. Federal, state and city laws must be strictly observed. All materials used for display of any kind must be flame-proofed. This includes all materials used in specially constructed exhibits such as fabric or other materials. All booth equipment (i.e., tables, chairs, displays, etc.) must not protrude into aisles.
22) FREIGHT SHIPMENT. Exhibitor must use its own freight carrier or official freight carriers appointed by La Cita to ensure proper shipment. Shipments made in advance to an authorized La Cita contractor, as per instructions, will be delivered to Exhibitor’s booth / office.
23) NO SHOW POLICY. If Participant, through circumstances beyond control, is delayed in they must notify La Cita via e mail. Every effort will be made to accommodate the situation.
24) ADDITIONAL TERMS AND CONDITIONS. La Cita has sole control over attendance policies. Participants shall conduct themselves in a professional manner. La Cita in its sole judgment and discretion may refuse to consider for participation in future La Cita events any Participant who violates or fails to abide by the contract and any of the accompanying rules and regulations. Any amendment to this contract must be in writing or email, by an authorized representative of La Cita. Participants shall not assign this contract or any right or obligation hereunder. The unenforceability or invalidity of any provision of this contract shall not render any other provision of this contract unenforceable or invalid.
25) GOVERNING LAW. This contract is governed by the laws of the State of Florida, USA as applied to contracts entered into and entirely performed within that State by residents of that State. The federal and state courts located in the State of Florida shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this contract or the breach of any provision of this contract. Participant waives any right to assert lack of personal or subject matter jurisdiction in any matter brought in accordance with the foregoing.