COVID-19 Update
Legal Contract

The following must be agreed upon when registering as an exhibitor/sponsor (must check “agree” during online registration):

ASSIGNMENT OF SPACE: Midwest Educational Technology Association, Inc, dba BrainStorm ("BrainStorm") shall assign the display space to the Sponsor/Exhibitor for the period of the display, such assignment to be made after BrainStorm’s receipt of this application and payment for the amount of the Sponsorship/Exhibitor space. Location assignments will be on a first-come, first-served basis and can be changed at the discretion of BrainStorm.  Purchasing 2 adjacent booths (only allowed for Single Standard Booths) requires the approval of BrainStorm and will be done on a limited basis.  Dropping the 3’ pipe and drape requires BrainStorm approval and will only be allowed if both booths are purchased by the same company (not allowed for partners, subsidiaries, etc.) and will incur an upcharge of $250 per booth.  Dropping the back drape between booths is strictly prohibited.  Booth displays cannot exceed the dimensions of the purchased booth space and height may not exceed 10 feet high, unless approved by BrainStorm prior to the event. 

USE OF DISPLAY SPACE: Sponsor/Exhibitors are allowed to distribute literature, run demonstrations, and sell products in their assigned exhibit spaces. Sponsor/Exhibitor shall not assign to a third party its display space or any portion of that space without the prior written consent of BrainStorm, which BrainStorm may grant or withhold at its sole discretion. If such permission is given, the Sponsor/Exhibitor shall assume full responsibility for the conduct of the assignee and all its representatives. Sponsor/Exhibitor’s product demonstration may in no way interfere with demonstrations at adjacent booths. Demonstrations using audio must use headsets to demonstrate audio capabilities.

INDEMNITY AND LIMITATION OF LIABILITY: Neither BrainStorm, any co-Sponsor/Exhibitor or display space provider nor any of their officers, agents, employees, facilities, other representatives, or assigns shall be liable for and Sponsor/Exhibitor hereby releases them from, any claims for damage, loss, harm, or injury to the person, property or business of the Sponsor/Exhibitor or any of its visitors, officers, agents, employees, or other representatives, resulting from theft, fire, earthquake, water, unavailability of the facility, accident or any other reason in connection with the display at the conference or its attendance or participation in the conference. The Sponsor/Exhibitor shall indemnify, defend, and protect BrainStorm and hold BrainStorm, any co-Sponsor/Exhibitor and space provider harmless from any and all claims, demands, suits, liability, damages, losses, costs, attorney’s fees, and expenses which might result or arise from Sponsor/Exhibitor’s participation in the conference or any actions of its officers, agents, employees, or other representatives. Under no circumstance will BrainStorm, any co-Sponsor/Exhibitor, or the exhibit space provider be liable for lost profits or other incidental or consequential damages for any of their acts or omissions whatsoever whether or not appraised of the possibility or likelihood of such damages or lost profits. In no event shall BrainStorm’s liability under any circumstance, exceed the amount actually paid to it by the Sponsor/Exhibitor for display space. BrainStorm makes no representations or warranties regarding the number of persons who will attend the conference.

OBSERVANCE OF LAWS: Sponsor/Exhibitor shall abide by and observe all laws, rules and regulations, and ordinances.

CANCELLATION OR TERMINATION OF EXHIBITS: If for any reason beyond its reasonable control including fire, strike, earthquake, damage, construction or renovation to the display site, government regulation, public catastrophe, act of God, or any similar reason, BrainStorm shall determine, in its sole discretion or judgment, that the conference or any part may not be held BrainStorm may cancel the conference, including the booth space , tabletop displays or any part thereof. In that event, BrainStorm shall determine and refund to the Sponsor/Exhibitor its proportionate share of the balance of the aggregate display fees received which remains after deducting all expenses incurred by BrainStorm.

SPONSOR/EXHIBITOR CANCELLATION: All payments made to BrainStorm under this application shall be deemed fully earned and non-refundable in consideration for expenses incurred by BrainStorm and BrainStorm’s lost or deferred opportunity to provide display space to others.

SPONSOR/EXHIBITOR CONDUCT: Sponsor/Exhibitor and all of its representatives shall conduct themselves at all times in accordance with highest standards of decorum and good taste. BrainStorm reserves the right to eject, without refund of any fees or sponsorships, from the conference any Sponsor/Exhibitor or representative violating those standards.  Sponsor/Exhibitor may not have any competing events, whether on-site at the venue or off-site, during the scheduled daily activities of the BrainStorm event. 

COVID-19 STATEMENT:  We have taken enhanced health and safety measures—for you, our other attendees, vendors, our staff and Kalahari staff. You must follow all posted instructions while attending the BrainStorm conference.  An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and people with underlying medical conditions are especially vulnerable.  By attending the BrainStorm conference, you voluntarily assume all risks related to exposure to COVID-19.

BrainStorm Conference, Midwest Educational Technology Association, Inc. and the Kalahari Convention Center are not able to prevent you from the potential of becoming exposed to, contracting or spreading COVID-19 while you are in attendance of this conference.  In addition to your voluntary assumption of risk, you further hereby forever release and waive any right to bring suit against BrainStorm Conference, Kalahari Convention Center and Midwest Educational Technology Association, Inc. its owners, officers, directors, managers, officials, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to attending the BrainStorm conference. You understand that this waiver means you give up your right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim you may have to seek damages.

AGREEMENT TO TERMS, CONDITIONS AND RULES: Sponsor/Exhibitor agrees to observe and abide by the foregoing terms and conditions and by such additional terms, conditions, and rules made by BrainStorm from time to time for the efficient and safe operation of the conference. Violation of these terms and conditions may result in the loss of booth space for the current year as well as potentially two additional years, at the discretion of the BrainStorm board of directors.  This application represents the entire agreement between the Sponsor/Exhibitor and BrainStorm concerning the subject matter of this application. BrainStorm is not making any warranties or other agreements except as set forth above. Any amendment to this contract must be in writing signed by BrainStorm. The rights of BrainStorm under this agreement shall not be deemed waived except as specifically stated in writing and signed by an officer of BrainStorm. If any term of this agreement shall be declared invalid or unenforceable, the remainder of the agreement shall continue in full force and effect. This agreement shall be binding upon the heirs, successors, and assigns of the Sponsor/Exhibitor subject to the terms of this agreement regarding assignment.  The terms and conditions of this contract are subject to change without notification.