VENDOR PACKET

ZOPS Bike Rally - October 2009
Taylor County Expo Center
Abilene, Texas
www.zopsabilene.com

 

Dear Vendor or Exhibitor:

Enclosed is a copy of the Vendor/Exhibit package for the 2009 Zop’s Bike Rally.  The rally will be held in Abilene, TX on October 15th – October 18th, 2009.

Returning vendors will have first option to renew in, or near, the same locations if their reservation forms are received by March 1, 2009.

Please read carefully the Zop’s Rally Rules and Regulations. 

Return your completed and signed application along with payment in full.  Be sure that each page is initialed.  Incomplete applications will delay processing.

This year we will be assigning vendor space as deposits of half the total booth price are received.  Once your full payment has been received, we will be happy to discuss booth location assignment with you.

 Zop’s will attempt to protect against product duplication

Again, we are looking forward to a great rally in 2009 and hope that you are able to join us.

Thank you,

Zop’s Bike Rally Officers and Staff

325-554-9804 Doghouse - Official Office of Zop’s Bike Rally

325-669-6784 Kelly Jay, President

325-439-1268 John Bob Havard, Founder

325-518-1175 Wayne Barnett, Vendor Chairman

Kelly.jay@cumulus.com

2009 Exhibit Space Rental Agreement

Exhibit Days:  October 15th – October 18th, 2009

Abilene, Texas

Instructions:

1. Complete sections 1-5 of this agreement.  Keep a copy for your records.

2. Return completed agreement (signed and each page initialed)

    with your check made payable to: Zop’s Bike Rally

3. Mail to:  Zop’s Bike Rally                     

    Vendor Registration                           

    P.O. Box 129                      

    Tuscola, Texas 79562

    (325) 554-9804

NO FAXES OR PHONE ORDERS WILL BE ACCEPTED!

IMPORTANT – PLEASE TYPE OR LEGIBLY PRINT

1. COMPANY INFORMATION

Corporate Name:________________________________________________________________________________________

Exhibiting as:___________________________________________________________________________________________

Contact Name:__________________________________________________________________________________________

Address:_______________________________________________________________________________________________ ______________________________________________________________________________________________________

City:____________________________________________________ State:__________ Zip:___________________________

Telephone: (      )________________________ Cell: (      )__________________ Fax: (      )___________________________

Current Texas Sales Tax ID #:  (Proof of TX Sales Tax Certificate Required with Registration):_________________________

Website Address:________________________________________________________________________________________

Email:_________________________________________________________________________________________________

2. SPACE REQUEST

Booth space is limited and will be assigned on a “First Reservations” Basis.  A Non-Refundable Application fee of $50 per booth, regardless of size, is added to your total.

Please select the booth size you need

                                                                        INSIDE             OUTSIDE
___10X10                                                          $300.00            $200.00
___10X20                                                          $400.00            $300.00
___20X20                                                          $500.00            $400.00
___15X20 (trailer)                                                                       $300.00
___20X25 (trailer)                                                                       $400.00
___20X39 (trailer)                                                                       $500.00
___Larger than 39 feet (per trailer)                                               $1,000.00

___ Other_________________ Please call for pricing

Check if applies to you:

_____   I will need more than basic electricity for my booth.  My electricity requirements are:

            __________________________________________________________________

            (You will be contacted later with the pricing for your specific electrical needs.

3. PRODUCTS AND/OR SERVICES YOUR COMPANY PLANS TO EXHIBIT

Please check all that apply regarding the primary product line your company will be exhibiting, and/or all services performed for customers in your exhibitor space.

                                                                                                                            Bike access req’d:

  Leather                         Tobacco                          Bikes/Trikes/ATVs/Autos                 Pinstriping

  Jewelry                       Patches/pins                      Trailers/RVs                                  LED

  T-shirts/apparel           Tattoos/Piercing                 Charitable Organization                   Bike service/repair

  Sunglasses                  Photography/Art                 Professional Services                Bike accessories/installation

  Other – Please specify: _______________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

4. BILLING INSTRUCTIONS

A valid credit card number may be used to pay for your exhibitor space.  No additional charges will be applied to your account without prior notice to you. 

5. READ AND SIGN HERE

Merchandise Restrictions

Zop’s Bike Rally has the exclusive right to display, license, sell and merchandise all event novelties (t-shirts, ride pins, etc) Zop’s Bike Rally, further has the right to inspect, approve, reject or otherwise control the display, promotion, sale or other merchandising of products or services by exhibitors at the event in its sole discretion.  Any products or services rejected by Zop’s Bike Rally must be immediately removed from the event premises and may be removed by Zop’s Bike Rally if this does not occur.  Illegal drugs and drug paraphernalia, weapons, merchandise containing racial slurs, manufacturer or copyright infringements, obscenities or other offensive or other detrimental matter will not be permitted and will be confiscated and not returned.  Merchandise designed to be passed off as event merchandise (use of Zop’s,  event name, trademarks, etc.) or which has this effect will not be permitted.  No signage may be displayed in Exhibitor space reading “Official Rally Merchandise”, “Rally Merchandise”, “Rally Tees”, “Event Tees” or any similar language advertising the sale of event merchandise.   “Zops Bike Rally”, “Zop’s Motorcycle Rally”, “Zop’s Bike Week” and “Zop’s Abilene Bike Week” and “Zop’s Zopapalooza and Wildgame Feast”  are all trademarks of Zop’s.  Any vendor found selling merchandise that infringes on these trademarks may be asked to leave immediately and will be subject to legal recourse. 

Exhibitor, for itself, its directors, officers, employees, agents, representatives, servants, licensees, invitees, patrons, guests, or contractors and their personal representatives, assigns, heirs and next of kin (herein referred to as “Exhibitor”) hereby releases, waives, discharges and covenants not to sue the Zop’s Bike Rally, their directors, officers, employees, agents, representatives, servants, licensees, invitees, patrons, guests or contractors (herein referred to as “Releases”) and each of them, from all liability to Exhibitor for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting death of Exhibitor arising out of or relating to the Zop’s bike Rally, whether caused by the negligence of the Releases or otherwise.

Exhibitor hereby agrees to indemnify, save and hold harmless the Releases and each of them from and against any loss, liability, damage, or cost.  Releases may incur from any and all claims, demands, actions, causes of action, penalties, judgments, and liabilities of every kind and description (including court costs and reasonable attorneys’ fees) including but not limited to, injury to or any death of persons, and damage to and loss of property which are caused by, arise from or grow out of the acts or omissions of Exhibitor incident to the Zop’s Bike Rally, or from any breach by Exhibitor of any term or condition of this Agreement.

Exhibitor herby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Zop’s Bike Rally, whether caused by the negligence of Releases or otherwise.

Exhibitor hereby agrees that this Release and Waiver, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by Releases and is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

We, the undersigned, do herby apply for the reservation of exhibit space in the Zop’s Bike Rally, October 15 – October 18th, 2009.  When executed by both parties to this agreement, this shall constitute a binding agreement between the parties wherein Zop’s Bike Rally, agrees to rent to the undersigned exhibitor and the undersigned exhibitor agrees to rent from Zop’s Bike Rally the exhibit space as more fully described in Sections 1 through 4 of this Agreement.  We have read and agree to abide by the “Exhibitor Rules & Regulations,” which are set forth in Attachment “A” and made a part of this agreement by reference and fully incorporated herein.  Zops Bike Rally may adopt additional rules and regulations.  We understand this agreement shall be legally binding between Zop’s Bike Rally and the exhibitor upon acceptance in writing by Zop’s Bike Rally Production Staff.

Authorized Signature X___________________________________________________________ Date____________________

Name (type or print)________________________________________________ Title__________________________________

Accepted by Zop’s Bike Rally Representative X________________________________________ Date____________________

EXHIBITOR RULES AND REGULATIONS

LOCATION AND DATES

The site of the Zop’s Bike Rally is Abilene, Texas.  The Taylor County Expo Center.  The dates and hours are:

Move-In:

Oct. 14, 2009                                         12:00 p.m. – 10:00 pm

Oct. 15, 2009                                         6:00 a.m. – 3:00 pm

Exhibit Days (Your booth must remain operational during these hours):

Thur Oct 15^th 2009                                 4:00 p.m. – 10:00 p.m.

Fri.-Sat. October 16^th and 17^th 2009         10:00 a.m. -  10:00 p.m.

Sun, Oct. 18th, 2009                               10:00 a.m. – 2:00 p.m.

Move-Out (Exhibitor shall not initiate teardown or abandon exhibit prior to the official Rally closing time on the final Rally day.):

Sun, October 18, 2009                            2:00 p.m. – 10:00 p.m.

APPLICATION AND FEES

1. Approval.  Applications for rental of exhibit space shall be subject to the approval of Rally Management, and Rally Management reserves the right to reject applications for space with or without cause if in the best interest of the Rally.  Upon acceptance of the Exhibit Space Rental Agreement by Rally Management in writing, it shall be a legally binding agreement between the Exhibitor and Rally Management. 
2. Retail Sales Tax.  All federal, state, and local laws governing retail sales tax must be followed.  Exhibitor must provide their own sales tax number.  Exhibitor is required to display the registration certificate throughout entire Rally.  Application forms are available at www.Zopsabilene.com.  Proof of Sales Tax must be provided before you are allowed to move-in to your spot.  All information will be maintained with the strictest of confidentiality. 
3. Insurance.  Exhibitor must secure and provide proof of a commercial general insurance policy in the amount of at least $1,000,000, for general liability, which names the Zops Bike Rally, the City of Abilene, Taylor County, and The Taylor County Expo Center as additional insured.  Proof of insurance must be submitted no later than October 1, 2009.
4. Electrical.  Basic 2-outlet, 110v electricity has been added to the cost of your booth.  If you need additional power please complete the attached form and return it to us for a quote on the additional cost.
5. Tents/Furniture. Tents, tables, chairs, and water barrels are not included in booth rental.  These items are available to rent from ABC Tent and Party Rental, 325-793-9241 or Sam’s Rental, 325-690-9397.  Exhibitors are not obligated to rent from ABC Tent and Party Rental or Sam’s Rental and may find an alternate tent rental company if they so choose. 
6. Force Majeure.  In the event that the rally must be canceled or rescheduled due to circumstances beyond our control, booth/exhibitor reservations and fees will be applied to such alternative date as determined by the Rally.  No refunds will be given in such cases.
7. Cancellations and Refunds.  Cancellation of all or a portion of any exhibit space must be made in writing. 
   1. When written notification is received:

                    i.      Before September 1, 2009, Rally Management shall retain a $50.00 per booth fee for administrative costs.  The remaining rental cost shall be refunded. 

                    ii.      After September 1, 2009, Rally Management shall retain a $50.00 per booth fee for administrative costs, plus 50% of the booth rental.  The remaining 50% of booth rental cost shall be refunded.

                    iii.      After October 1, 2009, Rally Management shall retain 100% of rental cost of each space cancelled as liquidated damages.  Reduction of booth space may result in the relocation of your exhibit.

 
There will be no refunds after October 1, 2009, even if the Rally is sold out.  Refunds and liquidated damages are based on full exhibit space rental cost.  Rally Management shall not be liable for interest on any amount refunded

ELIGIBILITY

Rally Management reserves the right to determine eligibility of Exhibitor for inclusion in the Rally prior to, or after, execution of the agreement.

1. Products Displayed.  Exhibitor agrees to advertise or display only such products that are intended for and generally used in a manner that conform to State, Federal, or other applicable laws or regulations.  No other products can be displayed. 

Exhibitor shall not have in its booth any product or display or distribute advertisements for a product that infringes upon the registered trademark, copyright or patent of another company.  The description must be sufficiently specific to allow Rally Management to identify such products or materials without difficulty.   

Zops Bike Rally has the exclusive right to display, license, sell and merchandise all event novelties (t-shirts, ride pins, etc.).  Zop’s Bike Rally, Inc. further has the right to inspect, approve, reject or otherwise control the display, promotion, sale or other merchandising of products or services by exhibitors at the event in its sole discretion.  Any products or services rejected by Zop’s Bike Rally must be immediately removed from the event premises and may be removed by Zop’s Bike Rally Rally if this does not occur.  Abilene codes and/or Rally policy prohibit the selling of sexually explicit material, items with obscenities or profanity, illegal drugs and drug paraphernalia, weapons, merchandise containing racial slurs, manufacturer or copyright infringements, obscenities or other offensive or other detrimental matter.  Any such merchandise or displayed matter will be confiscated and not returned.  Merchandise designed to be passed off as event merchandise (use of Abilene, date, event name, trademarks, etc.) or which has this effect will not be permitted.  No signage may be displayed in Exhibitor space reading “Official Rally Merchandise”, “Rally Merchandise”, “Rally Tees”, “Event Tees” or any similar language advertising the sale of event merchandise.   “Zop’s Bike Rally, “Zop’s Motorcycle Rally”, “Zop’s Bike Week” and “Zop’s Abilene Bike Week” and “Zops Zopapalooza and Wildgame Feast” are all trademarks of Zop’s Bike Rally.  Any vendor found selling merchandise that infringes on these trademarks may be asked to leave immediately and will be subject to legal recourse. 

Rally Management will determine the appropriateness of products exhibited, and reserves the right to prohibit display or advertisement of products that are in violation of these Exhibitor Regulations or any other reason.  By signing this form you are agreeing that the officers of the Zop’s Bike Rally, have sole and final authority to determine violations of this agreement.

EXHIBIT SPACE ASSIGNMENT

1. Method.  The method of determining space assignment shall be established by Rally Management and may be changed from time to time without notice to exhibitors in order to accommodate what Rally Management perceives as the best interest of the Rally.  No rights or privileges are created for any Exhibitor as a result of previous space assignments or years of participation in the Rally.
2. Floor Plan.  Rally Management reserves the right to rearrange exhibitors or adjust the floor plan to accommodate the best interest of the Rally.  The floor plan maintained by Rally Management shall be the official floor plan.  Changes may occur at any time to accommodate show needs.
3. Subletting Space.  Exhibitor shall not assign, sublet, share or apportion the whole or any part of the space allotted, or have representatives, products, equipment, signs or printed materials from other than its own firm in the said exhibit space without the prior written consent of Rally Management.
4. Assignment/Transfer.  This agreement is non-assignable by Exhibitor except where assignment is in connection with sale or other transfer of the assignor’s trade or business to the assignee, but such an assignee shall display only products or services manufactured or marketed by the assignor except with the express written consent of Rally Management.  In the event of such an assignment, assignor must provide written notification to Rally Management.

MOVE-IN

1. Display Installation.  All displays must be in place and display materials, cartons and refuse removed from the aisles by 3:00pm on the last move-in day.  Exhibitors will be permitted to work within their exhibit space until 12:00 midnight.
2. Space Abandonment.  Any space not claimed by 5 p.m.  on Friday, October 16, 2009, may be resold or reassigned by Rally Management without obligation on the part of Rally Management for any refund whatsoever.
3. Display Vehicles.  Display vehicles must have battery cables disconnected and taped, fuel tanks with no more than ¼ tank of gas, filler caps locked and/or sealed with tape and alarm systems deactivated.  Display vehicles will be permitted to occupy no more than 80% of the contracted exhibit space and must conform to line-of-sight display regulations. 
4. Driving or Riding In Exhibitor Areas.  The riding or driving of vehicles within the exhibitor areas during show hours is a violation of TX DOT laws concerning street closures.  No vehicles may be driven into or out of the vendor/exhibitor areas during Rally show hours.  Vehicle access during non-event hours is for the sole purpose of stocking/restocking vendor booths and all vehicles must be out of the area at least one hour prior to the event hours. 

MOVE-OUT

1. Early Move-out.  Exhibitor shall not initiate teardown or abandon exhibit prior to the official Rally closing time on the final Rally day.  Violation of this paragraph may cause Exhibitor to be barred from participation in future rallies.
2. Move-out Security.  Exhibitor Personnel should remain in the contracted exhibit space until Exhibitor’s display materials are secured.  Rally Management assumes no responsibility for exhibit material left unattended during teardown.

OPERATION AND CONDUCT

1. Exhibit Obstructions.  Exhibitors are not allowed to obstruct the view, which occasion injury or adversely affect the displays of other exhibitors.
2. Exhibit Personnel.  Attendants, models, and other employees must confine their activities to the contracted exhibit space.  Exhibitor personnel and representatives may not enter the exhibit space of another Exhibitor and at no time may anyone enter an exhibit space that is not staffed.  Violators may be ejected from the Rally. 
3. Damages.  Exhibitor shall yield the exhibit area back to Rally Management at the conclusion of the Rally in good condition and repair, ordinary wear and tear excepted.  Any costs incurred by the Rally Management to restore the exhibit areas to its condition prior to the show, including but not limited to removal of signs, tape, and other things not removed by Exhibitor shall be the responsibility of Exhibitor.  Exhibitor is responsible for all damage to any property caused by Exhibitor personnel.
4. Advertising.  Exhibitor shall not, without the written consent of Rally Management, distribute, or permit to be distributed, any advertising matter, literature, souvenir items or promotional materials in or about the exhibit areas except from its own allotted exhibit space.

Exhibitor shall not post or exhibit any signs, advertisements, show bills, lithograph posters or cards of any description on any part of the premises of the Rally, except within the Exhibitor’s booth space and upon such space as is made available for such purposes by the Rally.

Food and Beverage.  Alcoholic beverages may not be served within an exhibitor’s exhibit space without written consent from Rally Management.  Alcoholic beverages may not be served during exhibit set-up or teardown under any conditions.  All vendors must sell products of the official rally caterer or beverage sponsor (i.e. water, soda) if they wish to sell this product.  Preparation of food within the contracted exhibit space is prohibited unless a permit has been obtained through Rally Management and the City of Abilene.

      Accidents/Incidents.  Any accident or incident involving Exhibitor’s booth or booth personnel must be immediately reported to Rally Management.  Rally Management will create a report of the incident. 

VIOLATIONS
The Exhibitor shall be bound by the rules and regulations set forth herein, and by such additional rules and regulations which may be established by the Rally Management including, but not limited to, those contained within the Exhibitors Rules and Regulations.  Rally Management shall enforce all Rally rules and regulations, and its decision on these matters will be final.  All matters and questions not covered by the regulations shall be subject to the final judgment and decision of Rally Management. 

Any violation by the Exhibitor of any of the terms and conditions herein shall subject Exhibitor to cancellation of the Agreement to occupy exhibit space and to forfeiture of any monies paid on account thereof.  Upon due notice of such cancellation, Rally Management shall have the right to take possession of the exhibitor’s space, remove all persons and properties of the Exhibitor and hold the Exhibitor accountable for all risks and expenses incurred in such removal. 

COMPLIANCE WITH LAWS

      Laws and Ordinances.  Exhibitor agrees to comply with and be bound by all laws of the United States and the state of Texas, all ordinances of the City of Abilene and Taylor County and wherever applicable, all rules and regulations of the Police Department, Fire Department, Health Department and those policies and criteria which have been established by the Rally for use of the exhibit areas.

B.   Fire Regulations/Fire Proofing/Codes.  Exhibitor must conform to all standard fire codes and rules of the Rally.  Combustible materials or explosives are not permitted in or around the exhibit areas without written permission from Rally Management.

C.   Electrical.  Electrical equipment and wiring require evidence of testing and approval by a nationally recognized testing laboratory.

D.   Inspection.  All displays will be subject to inspection during set-up days and any Exhibitor deviating from the regulations must make modifications to its exhibit at Exhibitor’s expense prior to Rally opening. 

ACCESS CONTROL
Rally Management shall not be held responsible for the loss of any material by any cause and urges the Exhibitor to exercise normal precautions to discourage loss due to theft or any other cause.  Rally Management assumes no responsibility for goods delivered to the exhibit areas, or for materials left in the exhibit areas at any time.  Exhibitors are required to insure exhibit property against loss or theft.

DISRUPTION OF SHOW
In the event the Rally is interrupted or cancelled for any reason, Rally Management at its option may return a portion of the amount paid for space after deduction of any amounts necessary to cover expenses incurred by Rally Management in connection with the Rally.

Such expenses shall include, but not be limited to all expenses incurred by Rally Management as a result of contracts with third parties for the provision of services or products incidental to the Rally, including all out of pocket expenses incurred by Rally Management incident to the Rally; and all overhead expenses of Rally Management attributable to the production of the Rally. 

No monies shall be returned should Rally Management change the dates or location of the Rally, but Exhibitor will be assigned space, which Exhibitor agrees to use under these same rules and regulations.  Rally Management shall not be financially liable in the event the Rally is interrupted, canceled, moved or dates changed.

INDEMNITY
The Exhibitor is responsible for any and all demands on account of any injury or death, or damage to property occurring in or upon any portion of the Rally leased or used by Exhibitor which are caused by acts or omissions of Exhibitor, or its employees, representatives, servants, agents, licensees, invitee, patrons, guests, or contractors.  Exhibitors shall defend, indemnify and hold harmless Rally Management, it’s officers, employees, and agents from and against any and all claims, demands, actions, causes of actions, penalties, judgments, and liabilities of every kind and description (including court costs and reasonable attorney’s fees) including but not limited to, injury to and death of persons, and damage to and loss of property which are caused by, arise from or grow out of Exhibitor’s use or occupancy of the premises or from any breach by Exhibitor of any condition of this contract, or from any act or omission of Exhibitor, or its employees, representatives, servants, agents, invitees, patrons, guests, licensees, or contractors. 

EXHIBITOR REPRESENTATIVE
The signer of the Exhibit Space Rental Agreement shall be the official representative of the Exhibitor and shall have the authority to act on behalf of the Exhibitor.