THIS AGREEMENT, dated January 1, 2022 is between GeekCraft Inc. (“GCI”) and the signatory at the end of this agreement (“Participant”). Participant will be participating in GeekCraft Expo HAWAI'I Holiday Market, currently scheduled to be held on December 10th, 2022 (the “Event”). This Agreement must be digitally signed by Participant and digitally submitted to GCI in order for Participant to exhibit at Event.
Term: This Agreement will be effective for the Event in which the Participant participates. This Agreement may be terminated by GCI with or without cause immediately upon notice to Participant. Participant and its employees, personnel, and agents agree to be bound by the terms of this Agreement and all Event rules, regulations, and directives.
Safety: Participant will act with the highest regard for the safety of the attendees and other participants of the Event, and will adhere to all laws, policies, rules, and regulations applicable to the goods and/or activities of Participant, including obtaining all licenses, permits, and approvals that may be required to enable Participant to conduct its activities at the Event and fulfill its obligations under this Agreement.
Liability: GCI will not be responsible for any loss or damage to Participant’s property, injury to, or death of the Participant (or its agents, employees, and/or personnel), or Participant sales. Participant 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 Participant, and hereby releases and waives any claims against GCI related to such loss, damage, liability, injury, and/or destruction.
Insurance: Participant represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Participant will conduct at the Event. Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold GCI (and its officers, employees, agents, vendors, affiliates, and representatives) harmless against any claims related to Participant’s liabilities, actions, or omissions.
Cancellations: The event will proceed regardless of the weather. If there is a cancellation:
(a) By GCI: If cancellation of Event by GCI is necessary due to unforeseen circumstances, pandemic, acts of a third party, or other circumstances which (in GCI’s sole judgment) may compromise the safety or financial well-being of Participant, Event will be rescheduled and all payments made to GCI by Participant will be carried over to either rescheduled Event or to the GCI event to which cancelled Event is geographically nearest. If Event cannot (in GCI's sole judgment) be rescheduled, all payments made to GCI by Participant for exhibitor space at Event, less jurying fee, application fee and any non-refundable fees or charges levied by third parties, will be refunded to Exhibitor.
(b) By Participant: If Participant cancels its participation in Event, no refund will be issued and Participant will forfeit their space at Event.
Participant may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of GCI. Only the accepted Participants are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and exhibitor assignments are subject to change without notice. GCI does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.
Change in terms: The terms of this Agreement may be changed by GCI and notice of such change(s) will be sent to you in writing. You agree to accept notices via email, sent to the address provided by Participant. GCI reserves the right to decline, prohibit, or expel any Participant exhibit, or prevent any activity, displays, product, or conduct, which (in GCI’s sole judgment) is out of keeping with the character of the Event or endangers the venue, any attendee, or other participants.
Participant and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound to this Agreement. The terms of this Agreement, including any waivers, inures to the benefit of GCI and its affiliates and Event co-producers and sponsors.
Independent Contractors: The relationship of Participant to GCI is that of an independent contractor, and nothing contained in this Agreement will be construed as creating a partnership, joint venture, employment relationship, agency, or other relationship between the parties, or to make GCI liable for the debts or obligations of Participant.
The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of Hawaii, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Honolulu County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any rules and regulations provided to Participant by GCI or GCI’s affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event. If any term is contrary to law then that term will be severed and the remainder of the Agreement will remain in force.