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TERMS AND CONDITIONS OF CONTRACT

By acceptance of services of Colt Expo or its Agents, Customer and any other party with an interest in the Goods agree to these Terms and Conditions of Contract

1: Definitions:

Colt Expositions LLC, is hereinafter referred to as Colt Expo; Agents: Colt Expo’s agents, sub-contractors, carriers, and the agents of each; Customer: Exhibitor or other party requesting Services from Colt Expo; Goods: Exhibits, property, and commodities of any type for which Colt Expo is requested to perform Services; Carrier: Motor carrier, van line, air carrier, or air or surface freight forwarder; Shipper: Party who tenders Goods to Carrier for transportation; Cold Storage: Holding of Goods in a climate controlled area; Accessible Storage: Holding of Goods in an area from which Goods may be removed during shows; Services: Warehousing, transportation, drayage, un-supervised labor, supervised labor and/or related services; Show Site: The venue or place where an exposition or event takes place; Supervised Labor (OK TO PROCEED): Union labor that is provided to a Customer to install or dismantle a booth or exhibit space, and is supervised and/or directed by Colt Expo; Un-Supervised Labor (DO NOT PROCEED): Union labor that is provided to a Customer to install or dismantle a booth or exhibit space and pursuant to Customer’s election is not supervised and/or directed by Colt Expo. Customer assumes the responsibility and any liability arising therefrom, for the work of union labor when Customer elects to use un-supervised labor.

2: Scope:

These Terms and Conditions shall be binding upon Customer, Colt Expo, and their respective Agents and representatives, including but not limited to Customer contracted labor such as Customer Appointed Contractors and Installation and Dismantle Companies, and any other party with an interest in the Goods. Each shall have the benefit of and be bound by all provisions stated herein, including but not limited to time limits and limitations of liability.

3: Customer Obligations:

  1. Payment for Services. Customer shall be liable for all unpaid charges for services performed by Colt Expo or Agents. Customer authorizes Colt Expo to charge its credit card directly for services rendered on Customer’s behalf after departure, by placing an order on-line, via fax, phone or through a work order on site.

Credit Terms. All charges are due before Services are performed unless other arrangements have been made in advance. Colt Expo has the right to require prepayment or guarantee of the charges at the time of request for Services. A failure to pay timely will result in Customer having to pay in cash in advance for future services. Colt Expo retains its right to hold Customer Goods for non-payment. If a credit card is provided to Colt Expo, Colt Expo is authorized to bill to such credit card any unpaid charges for services provided to Customer, including charges for return shipping. Any charges not paid within 30 days of delivery will be subject to interest at 1 ½% per month until paid.

4: Mutual Obligation Indemnification:

  1. Customer to Colt Expo: Customer shall defend, hold harmless and indemnify Colt Expo from and against any claims, lawsuits, demands, liability, costs and expenses, including reasonable attorney’s fees and court costs, resulting from any injury to or death of persons, or damage to property other than Goods, relating to or arising from performance of Services herein. Customer agrees to indemnify and hold Colt Expo harmless for any and all acts of its representatives and agents, including but not limited to Customer Appointed Contractors and Installation and Dismantle Companies, any subtenant or other user of its space or any agents or employees engaged in business on behalf of Customer or present at Customer’s invitation, including supervision of labor secured through Colt Expo. Customer’s obligations under this provision shall not apply to Colt Expo’s own negligence and/or willful misconduct. CUSTOMER ACKNOWLEDGES THAT THE SHOW SITE IS AN ACTIVE WORK ZONE AND CUSTOMER, ITS AGENTS, EMPLOYEES AND REPRESENTATIVES ARE PRESENT AT THEIR OWN RISK.
  2. Colt Expo to Customer: To the extent of Colt Expo’s own negligence and/or willful misconduct, and subject to the limitations of liability below, Colt Expo shall defend, hold harmless and indemnify Customer from and against any claims, lawsuits, demands, liability, costs and expenses, including reasonable attorney’s fees and court costs, resulting from any injury to or death of persons, or damage to property other than Goods. Colt Expo’s obligations under this provision shall not apply to claims for bodily injury arising a) from Customer’s presence in areas which have been marked as “off limits to exhibitors”; and b) when exhibitors are present in the facility prior or subsequent to the effective dates or hours of Exhibitor’s space lease with show management.

5: DISCLAIMER AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME. COLT EXPO SHALL BE LIABLE, SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, FOR LOSS OR DAMAGE TO GOODS ONLY IF SUCH LOSS OR DAMAGE IS CAUSED BY THE DIRECT NEGLIGENCE OR WILLFUL MISCONDUCT OF COLT EXPO. CLAIMS PRESENTED FOR LOSS OR DAMAGE ARISING OUT OF INCIDENTS REFERENCED IN SECTION VI HEREIN WILL BE DENIED.

6: No Liability for Loss or Damage to Goods:

  1. Condition of Goods: Colt Expo shall not be liable for damage, loss, or delay to uncrated freight, freight improperly packed, glass breakage or concealed damage. Colt Expo shall not be liable for ordinary wear and tear in handling of Goods or for damage to shrink wrapped Goods. All Goods shall be able to withstand handling by heavy equipment, including but not limited to forklifts, cranes, or dollies. It is the Customer’s responsibility to ensure that Goods are packaged correctly prior to shipment or movement on or off the Show floor.
  2. Receipt of Goods: Colt Expo shall not be liable for Goods received without receipts, freight bills, or specified piece count on receipts or freight bills, or for bulk shipments (i.e., UPS, air freight, or van lines). Such Goods shall be delivered to booth without the guarantee of piece count or condition.
  3. Force Majeure: Colt Expo shall not be liable for loss or damage that results from Acts of God, weather conditions, act or default of Customer, shipper, or the owner of the Goods, inherent nature of the Goods, public enemy, public authority, labor disputes, and acts of terrorism or war.
  4. Cold Storage: Goods requiring cold storage are stored at Customer’s own risk. Colt Expo assumes no liability or responsibility for Cold Storage.
  5. Accessible Storage: Colt Expo assumes no liability for loss or damage to Goods while in Accessible Storage. Storage charges are for the use of space and are not a form of insurance, or a guarantee of security.
  6. Unattended Goods: Colt Expo assumes no liability for loss or damage to unattended Goods received at Show Site at any time from the point of receipt of inbound Goods until the loading of the outbound Goods, including the entire term of the respective show or exhibition. Customer is responsible for insuring its own Goods for any and all risk of loss.
  7. Empty Storage: Colt Expo assumes no liability for loss or damage to Goods or crates, or the contents therein, while containers are in Empty Storage. It is Customer’s sole responsibility to affix the appropriate labels available at the Colt Expo Service Desk for empty container storage, and ensures that any pre-existing empty labels are removed.
  8. Forced Freight: Colt Expo is not liable for Customer Goods left on the show floor after the show closing deadline, with or without a Material Handling and Transportation Agreement-Receipt signed by Customer. It is Customer’s responsibility to complete accurate paperwork for shipping and to ensure Customer Goods are properly labeled. If Customer Goods remain on the floor after the show closing deadline, Colt Expo has the right to remove the Customer Goods. Colt Expo is authorized by Customer to proceed in the manner chosen by Customer on the Material Handling and Transportation Agreement-Receipt, if one has been completed, or otherwise to ship Customer Goods at the discretion of Colt Expo and at Customer’s expense. Colt Expo shall incur no liability for such shipment. Colt Expo retains the right to dispose of Customer Goods without liability if left on the show floor unattended, without labels or not correctly labeled.
  9. Concealed Damage: Colt Expo shall not be liable for concealed loss or damage including but not limited to; glass, electronic equipment, prototypes, original art, uncrated Goods, or improperly packaged or labeled Goods.
  10. Unattended Booth: Colt Expo shall not be liable for any loss or damage occurring while the Goods are unattended in Customer’s booth at any time, including, but not limited to, the time the Goods are delivered to the dock until the time the Goods are received by Customer’s chosen carrier. All Material Handling and Transportation Agreement-Receipt covering outgoing Goods submitted to Colt Expo will be checked at the time of pickup from the booth and corrections to the count or condition will be documented where discrepancies exist.
  11. Hanging items from Booth: Customer shall not hang any articles, merchandise, product, advertisements, or other similar items from Colt Expo supplied booth materials (this includes but is not limited to Colt Expo panels or pipe and drape), utilized in Customer’s own booth set up or in areas occupied by the show organizer or third parties. If Customer does hang any prohibited items, Customer alone shall be held liable for any damages, costs, actions or injuries resulting from the hanging of such item(s). Colt Expo shall have no liability for any damages, costs, actions or injuries arising out of Customer’s failure to comply with this provision.

7: Measure of Damage:

  1. Sole Relief: If found liable for any loss, Colt Expo’s sole and exclusive maximum liability for loss or damage to Customer’s Goods is limited to $.50 (USD) per pound with a maximum liability of $100.00 (USD) per container, or $1,500.00 (USD) per shipment whichever is less.
  2. Labor: Colt Expo assumes no liability for loss, damage, or bodily injury arising out of Customer’s supervision of Colt Expo provided union labor. If Colt Expo supervises labor for a fee, Colt Expo shall be liable only for actions or claims arising out of its negligent supervision. Such liability shall be limited to the cost to Customer of the supervised labor or the depreciated value of the Goods, whichever is less. If Customer elects to use unsupervised labor, then Customer assumes all liability for the actions or claims that arise out of such work, including but not limited to loss, damage or bodily injury and shall provide Colt Expo and show management with an indemnity, including defense costs, for any claims that result from Customers’ supervision or failure to supervise assigned labor.

8: Miscellaneous:

  1. Insurance: Colt Expo IS NOT AN INSURANCE COMPANY AND DOES NOT OFFER OR PROVIDE INSURANCE. It is the obligation of Customer to ensure Goods are insured at all times. Loss or theft of the Goods in storage or in transit to and from the show and or while on the show floor is the sole responsibility of Customer. Colt Expo recommends Customer arrange for all Risk Coverage.
  2. Notice of Loss or Damage: In order to have a valid claim, notice of loss or damage to Goods must be given to Colt Expo or its agent within 24 hours of occurrence (as evidenced in an Incident Report completed at Show Site by Colt Expo) or delivery of outbound Goods.
  3. Filing of Claim: Any claim for loss or damage to Goods must be in writing, containing facts sufficient to identify the Goods, asserting liability for alleged loss or damage, and making claim for the payment of a specified or determinable amount of money. Such claim must be filed with the appropriate party within the time limits specified herein. Damage reports, incident reports, inspection reports, notations of shortage or damage on freight bills or other documents, do not constitute filing of a claim. Claims for Goods alleged to be lost, stolen or damaged at the Show Site must be received in writing by Colt Expo within thirty (30) days after the close of the show. Claims for Goods alleged to be lost or damaged during transit must be received by the responsible party within nine (9) months of date of delivery of Goods. Colt Expo Shipping subcontracts the movement of Goods to third party carriers. Claims for damage in transit should be made directly with your carrier as shown on the Material Handling and Transportation Agreement-Receipt. In the event of a dispute with Colt Expo, Customer will not withhold payment or any amount due Colt Expo for Services as an offset against the amount of the alleged loss or damage. Customer agrees to pay Colt Expo prior to the close of the show for all such charges and further agrees that any claim Customer may have against Colt Expo shall be pursued independently by Customer as a separate action to be resolved on its own merits. Colt Expo retains the right to pursue collection on amounts owed after show close, without regard to any amount alleged to be owed for damage, or loss.
  4. Filing of Suit: Any action at law regarding loss or damage to Goods must be filed within one (1) year of the date of declination of any part of a claim (logistics claims excluded).

9: Jurisdiction, Choice of Forum:

These Terms and Conditions of Contract shall be governed by and construed in accordance with the applicable laws of the United States or, where applicable, the laws of the State of California. The parties hereby submit to the jurisdiction and venue of the United States Federal District Court for the Northern District of California or, as applicable depending on jurisdiction, the Superior Court of the State of California in Contra Costa County.

10: Advanced Warehousing/Temporary Storage/Long Term Storage:

All terms and conditions relative to Advanced Warehousing/Temporary Storage/Long Term Storage are contained in separate agreements titled “Storage Agreement”. In the event that a Storage Agreement is not executed between the parties, the following shall apply with respect to Colt Expo’s liability for Customer Goods. The responsibility of Colt Expo with respect to Customer Goods is limited to the exercise of ordinary care and diligence in handling and storing of Customer Goods. Colt Expo shall be liable only for loss or damage to Goods caused by Colt Expo’s sole negligence. Colt Expo’s liability is limited to $.60 (USD) per pound with a maximum liability of $100.00 (USD) per container, or $1,500.00 (USD) per shipment whichever is less. In case of partial loss or damage, the maximum liability shall be prorated based on weight. Colt Expo is not responsible for any loss or damage to Goods caused by, but not limited to fire, theft, the elements, vandalism, moisture, vermin, mechanical breakdown or failure, freezing or changes in temperature, as well as any other causes beyond Colt Expo’s immediate control. Colt Expo is not responsible for the marring, scratching or breakage of glass or other fragile items. Colt Expo is not liable for the mechanical functions of instruments or appliances even if such articles are packed or unpacked by Colt Expo. In no event shall Colt Expo be liable for special, incidental, indirect or consequential damages, including business loss of any kind, resulting from any damage to or loss of the Goods or from any act or failure to act. Customer pays storage fees or costs for advance warehousing for use of the space only. There is no guarantee of security or representations made by Colt Expo as to appropriateness of the conditions for Customer Goods. The risk of loss remains Customer’s alone and Colt Expo recommends the Customer carry and maintain insurance in amounts sufficient to cover its risk.

Colt Expo Terms and Conditions are Subject to Change at Colt Expo’s Sole Discretion Without Notice to Any Parties.

In circulation: March 2025

11: Material & Handling

YOU ARE ENTERING A BINDING CONTRACT WHICH LIMITS YOUR POSSIBLE RECOVERY IN CASE OF LOSS OR DAMAGE.  Acceptance of the following terms and conditions will be construed when any of the following conditions are met: This Material Handling Agreement (“MHA”) is signed; Exhibitor’s materials are delivered to Colt Expo’s warehouse or to an event site for which Colt Expo is the Official Show Contractor; or an order for labor and/or rental equipment is placed by Exhibitor with Colt Expo. Please be aware that disposal of exhibit properties is not included as part of your material handling charges. Please contact Colt Expo for your quoted rates and rules applicable to disposal of your exhibit properties.

  1. DEFINITIONS. For purposes of this Contract, Colt Expo means Colt Expositions, LLC, and its employees, directors, officers, agents, assigns, affiliated companies, and related entities. In no event shall Colt Expo be deemed to be the Ultimate Consignee for shipping and custom purposes. The term “Exhibitor” means the Exhibitor, its employees, agents, and representatives.
  2. PACKAGING/CRATES AND STORAGE. Colt Expo shall not be responsible for damage to loose or uncrated materials, pad wrapped or shrink-wrapped materials, glass breakage, concealed damage, carpets in bags or poly, or improperly packed or labeled materials. Colt Expo shall not be responsible for damage caused by the use of crates or packaging which are unsuitable for handling, in poor condition, or have prior damage. Exhibitor shall ensure all crates and packaging are of a design to adequately protect contents when handling by forklift and similar means. Exhibitor represents and warrants it will not provide Colt Expo with any crates or packaging containing hazardous materials. Goods requiring cold storage and those in accessible storage are stored at Exhibitor’s own risk. COLT EXPO ASSUMES NO RESPONSIBILITY OR LIABILITY FOR LOSS OR DAMAGE TO GOODS IN COLD STORAGE OR ACCESSIBLE STORAGE.
  3. EMPTY CONTAINERS. Empty container labels will be available at the show or event site service desk. Affixing labels to the containers is the sole responsibility of Exhibitor or its representative. All previous labels must be removed or obliterated. Colt Expo assumes no responsibility for: error in the above procedures; removal of containers with old empty labels and without Colt Expo labels; or improper information on empty labels. COLT EXPO WILL NOT BE LIABLE FOR LOSS OR DAMAGE TO CRATES AND CONTAINERS OR THEIR CONTENTS WHILE IN EMPTY CONTAINER STORAGE.
  4. INBOUND/OUTBOUND SHIPMENTS. There may be a lapse of time between the delivery of shipment(s) to the booth and the arrival of Exhibitor, or a lapse of time between the completion of packing and the actual pickup of materials from the booths for loading onto a carrier and during such times, Exhibitor materials will be left unattended. COLT EXPO IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, THEFT, OR DISAPPEARANCE OF EXHIBITOR’S MATERIALS AFTER THEY HAVE BEEN DELIVERED TO EXHBITOR’S BOOTH AT SHOW OR EVENT SITE OR BEFORE THEY HAVE BEEN PICKED UP FOR RELOADING AT THE CONCLUSION OF THE EVENT. Exhibitor may, at its option, secure security services from Facility or Show Management. All MHAs submitted to Colt Expo by Exhibitor will be checked at the time of pickup from the booth and corrections will be made where discrepancies exist between the quantities of items on any form submitted to Colt Expo and the actual count of such items in the booth at the time of pickup. Colt Expo is not responsible for any wait time or other charges including business center charges arising from delivery or pickup of Exhibitor’s materials.
  5. DELIVERY TO THE CARRIER FOR RELOADING. Colt Expo assumes no responsibility for loss, damage, theft, or disappearance of Exhibitor’s materials after same have been delivered to Exhibitor’s appointed carrier, shipper, or agent for transportation after the conclusion of the show or event. Colt Expo will load the materials onto the carrier under directions from the carrier or driver of that carrier. Any loading onto the carrier will be understood to be under the exclusive supervision and control of the carrier or driver of that carrier. COLT EXPO ASSUMES NO RESPONSIBILITY FOR LOSS, DAMAGE, THEFT OR DISAPPEARANCE OF EXHIBITOR’S MATERIALS THAT ARISES OUT OF IMPROPERLYLOADED OR LABELED MATERIALS.
  6. DESIGNATED CARRIERS. Colt Expo shall have the authority to change the Exhibitor designated carrier if that carrier does not pick up the shipment(s) at the appointed time. Where no disposition is made by Exhibitor, Colt Expo reserves the right to reroute the materials to the company address Colt Expo has on file. Exhibitor agrees to be responsible for charges relating to such rerouting and handling. IN NO EVENT SHALL COLT EXPO BE RESPONSIBLE FOR ANY LOSS RESULTING FROM SUCH REROUTING DESIGNATION.
  7. FORCE MAJEURE. Colt Expo’s performance hereunder is subject to, and Colt Expo shall not be responsible for any loss, delay, or damage due to, strike, work stoppages, natural elements, vandalism, Act of God, civil disturbances, power failures, explosions, acts of terrorism or war, or for any other cause beyond Colt Expo’s reasonable control, nor for ordinary wear and tear in the handling of Exhibitor’s materials.
  8. CLAIM(S) FOR LOSS. Exhibitor agrees that any and all claims for loss or damage to Exhibitor’s materials must be submitted by Exhibitor to Colt Expo immediately at the show or event site and in any case not later than thirty (30) business days after the date Exhibitor’s materials are delivered to the carrier for transportation from show or event site or from Colt Expo’s warehouse. All claims reported after thirty (30) days will be rejected. In no event shall a suit or action be brought against Colt Expo more than one (1) year after the date of loss or damage occurred. a. PAYMENT FOR SERVICES MAY NOT BE WITHHELD. In the event of any dispute between the Exhibitor and Colt Expo relative to any loss, damage, or claim, Exhibitor shall not be entitled to and shall not withhold payment due Colt Expo for its services as an offset against the amount of any alleged loss or damage. Any claims against Colt Expo shall be considered a separate transaction and shall be resolved on their own merits. b. MAXIMUM RECOVERY. If found liable for any loss under this Section 8, Colt Expo’s sole and exclusive maximum liability and Exhibitor’s sole and exclusive remedy is limited to $.50 (USD) per pound per article with a maximum liability of $100.00 (USD) per item, or $1,500.00 (USD) per shipment, whichever is less. All shipment weights are subject to correction and final charges determined by the actual or re-weighed weight of the shipment.    c. LIMITATION OF LIABILITY. IN NO EVENT SHALL COLT EXPO BE LIABLE TO THE EXHIBITOR OR TO ANY OTHER PARTY FOR SPECIAL, COLLATERAL, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES OCCUR EITHER PRIOR OR SUBSEQUENT TO, OR ARE ALLEGED AS A RESULT OF, TORTIOUS CONDUCT, FAILURE OF THE EQUIPMENT OR SERVICES OF COLT EXPO OR BREACH OF ANY OF THE PROVISIONS OF THIS CONTRACT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING STRICT LIABILITY AND NEGLIGENCE, EVEN IF COLT EXPO HAS BEEN ADVISED OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. SUCH EXCLUDED DAMAGES INCLUDE BUT ARE NOT LIMITED TO LOST PROFITS, LOSS OF USE, AND INTERRUPTION OF BUSINESS OR OTHER CONSEQUENTIAL OR INDIRECT ECONOMIC LOSSES.    d. DECLARED VALUE. Declarations of Declared Value are between the Exhibitor and the selected carrier only, and are in no way an extension of Colt Expo’s maximum liability stated herein. Colt Expo will use commercially reasonable efforts to transmit the Declared Value instructions to the selected Carrier; however, COLT EXPO WILL NOT BE LIABLE FOR ANY CLAIM ARISING FROM THE TRANSMITTAL OF, OR FAILURE TO TRANSMIT, DECLARED VALUE INSTRUCTIONS TO THE CARRIER NOR FOR FAILURE OF THE CARRIER TO UPHOLD THE DECLARED VALUE OR ANY OTHER TERM OF CARRIAGE.
  9. JURISDICTION / VENUE. THIS CONTRACT SHALL BE CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS RULES. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS CONTRACT SHALL RESIDE IN A COURT OF COMPETENT JURISDICITON IN CONTRA COSTA COUNTY, TEXAS.
  10. INDEMNIFICATION. Exhibitor agrees to indemnify, defend, and hold harmless Colt Expo from and against any and all demands, claims, causes of action, fines, penalties, damages (including consequential), liabilities, judgments, and expenses (including but not limited to reasonable attorneys’ fees and investigation costs) arising out or contributed to by Exhibitor’s act or omission, including but not limited to any negligent supervision of any labor secured through Colt Expo; Exhibitor’s negligence, willful misconduct, or deliberate act, or the negligence, willful misconduct, or deliberate act of Exhibitor’s employees, agents, representatives, customers, invitees and/or any Exhibitor Appointed Contractors (EAC) at the show or event to which this Contract relates, including but not limited to Exhibitor’s violation of Federal, State, County or Local ordinance and/or Exhibitor’s violation of Show Regulations and/or Rules as published and set forth by Facility and/or Show Management.
  11. LIEN. Exhibitor grants Colt Expo a security interest in and a lien on all of Exhibitor’s materials that is from time to time in the possession of Colt Expo and all the proceeds thereof, including without limitation insurance proceeds (the “Collateral”), to secure the prompt and full payment and performance of all Exhibitor’s indebtedness for monies paid, by Colt Expo on its behalf, services performed, materials and/or labor from time to time provided by Colt Expo to or for the benefit of Exhibitor (“Obligations”). Colt Expo shall have all the rights and remedies of a secured party under the Uniform Commercial Code, as may be amended from time to time (“UCC”), and any notice that Colt Expo is required to give under the UCC of a time and place of a public sale or the time after which any private sale or other intended disposition of any Collateral is to be made shall be deemed to constitute reasonable notice if such notice is mailed by registered or certified mail at least five (5) days prior to such action. Colt Expo may hold and not deliver any of the Collateral to Exhibitor for so long as there are any Obligations that remain unpaid or unsatisfied.
  12. WAIVER & RELEASE. Exhibitor, as a material part of the consideration to Colt Expo for material handling services, waives and releases all claims against Colt Expo with respect to all matters for which Colt Expo has disclaimed liability pursuant to the provisions of this Contract.
  13. DRIVER LIABILITY WAIVER. IN CONSIDERATION OF COLT EXPO PERMITTING ENTRANCE TO THE PREMISES, YOU, YOUR EMPLOYER, THE OWNER OF THE TRUCK AND Terms & Conditions OR EQUIPMENT THAT YOU ARE OPERATING (“TRUCK OWNER”) AND YOU AS AGENT OF YOUR EMPLOYER AND THE TRUCK OWNER, HEREBY ASSUME ALL RISK OF INJURY OR HARM TO YOURSELF AND OTHERS AND DAMAGE TO YOUR PROPERTY AND PROPERTY BELONGING TO YOUR EMPLOYER OR OTHERS ARISING FROM YOUR ACTIVITIES WHILE BEING PERMITTED TO ENTER THE PREMISES. YOU AGREE TO ENTER AT YOUR OWN RISK. YOU HAVE FULL KNOWLEDGE OF ANY RISK INVOLVED IN THIS ACTIVITY. YOU RECOGNIZETHE HAZARDS AND ARE AWARE OF ALL THE RULES FOR SAFE OPERATION.YOUR EMPLOYER, THE TRUCKOWNER, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COLT EXPO, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, ASSIGNS, AFFILIATED COMPANIES AND RELATED ENTITIES, AGAINST ANY AND ALL LIABILITY, ACTIONS, CLAIMS, AND DAMAGES OF ANY KIND WHATSOEVER ARISING FROM YOUR ACTIVITIES WHILE BEING PERMITTED TO ENTER THE PREMISE.

12: Standard Event Agreement

COLT EXPO STANDARD EVENT AGREEMENT

This Standard Event Agreement (“Agreement”) governs the relationship between Colt Expo (“Colt Expo”) (“Service Provider”) and clients contracting for event-related services. This Agreement applies to all events for which Colt Expo provides services and is incorporated by reference into all Show-Specific Agreements executed by clients. By engaging Colt Expo’s services, clients agree to the terms herein.

  1. SERVICES

Colt Expo, as the official event services provider, offers the following services (“Services”) as specified in the Show-Specific Agreement:

  • Material handling
  • Electrical and plumbing
  • In-booth cleaning
  • Overhead sign hanging
  • Labor and rental of mechanized equipment
  • Standard and specialty furniture rental
  • Carpet and flooring
  • Staging and exhibit rentals
  • Installation and dismantle labor
  • Transportation
  • Signage, banners, and graphics

Certain services may be exclusively provided by Colt Expo, except where venue regulations require otherwise.

  1. CLIENT AND EXHIBITOR SERVICES

Colt Expo acts as the exclusive or recommended provider for specific services as outlined in the Show-Specific Agreement. Clients authorize Colt Expo to solicit and process exhibitor orders for designated services.

Exhibitors may engage their own contractors (“EACs”) for non-exclusive services, provided they meet the insurance and compliance requirements specified in the Show-Specific Agreement.

  1. CHANGES AND MODIFICATIONS

Clients must notify Colt Expo of any changes to event space, schedule, venue, or service requirements. Pricing is based on agreed-upon scope; modifications may result in pricing adjustments. Changes require a written amendment (“Change Order”).

  1. TERM AND TERMINATION

This Agreement remains in effect for all events serviced by Colt Expo. Specific terms for each event are detailed in the Show-Specific Agreement. Termination does not nullify obligations that survive beyond contract completion, including payment and indemnification clauses.

  1. INSURANCE AND COMPLIANCE

Colt Expo maintains required insurance coverage, including:

  • Workers’ compensation
  • Commercial general liability ($2,000,000 minimum)
  • Automobile liability ($2,000,000 minimum)

Exhibitors utilizing EACs must ensure compliance with insurance requirements and submit documentation at least 20 days prior to the event move-in date.

  1. PAYMENT POLICY
  • Payment terms: 50% Deposit on projected invoice due 30 days before show installation date. Balance of event charges due Net 30 days from invoice date
  • Late payments subject to a 1.5% monthly interest charge

Colt Expo reserves the right to adjust payment terms if a client fails to meet obligations.

  1. CONFIDENTIALITY

Both parties agree to maintain confidentiality of proprietary and sensitive information shared during the course of business. This includes exhibitor lists, operational plans, and pricing terms.

  1. LIABILITY AND INDEMNIFICATION

Each party shall indemnify, defend, and hold harmless the other from any liability due to negligence or misconduct. Colt Expo is not liable for incidental, special, or consequential damages beyond the scope of provided services.

  1. FORCE MAJEURE

Colt Expo is not liable for non-performance due to unforeseen circumstances beyond its control, including natural disasters, labor disputes, government actions, or other force majeure events.

  1. GENERAL TERMS
  • This Agreement is binding upon the parties and their successors.
  • Amendments must be in writing and signed by authorized representatives.
  • If any provision is found invalid, the remaining provisions shall remain in effect.

By contracting with Colt Expo, clients acknowledge and accept these terms. This Agreement is referenced in all Show-Specific Agreements and governs all event-related services provided by Colt Expo.

Payment Policy

Payment for Services: Colt Expo requires payment in full at the time services are ordered. Further, Colt Expo requires that you provide a credit card authorization with your initial order. For your convenience, we will use the credit card authorization information that you enter on the website to charge your account for services, which may include labor, material handling or any applicable fuel or energy surcharge.

Payments at show site must be made via Colt Expo -accepted credit card, check, or wire transfer.
Colt Expo will not accept cash payments at show site.

Discount Prices: To qualify for discount pricing, orders must be received with payment on or before the discount deadline date.

Third Party Billing: Each exhibiting firm is ultimately responsible for all charges incurred on its behalf. Colt Expo reserves the right to institute collection action against the exhibitor if the authorized third party does not pay.

Purchasing Systems: Colt Expo will not agree to enter data or invoices into any EXHIBITOR provided integrated payment platform such as Arriba, Stripe, Oracle Fusion, Zycus or similar platforms,

Tax Exempt: If you are tax exempt in the state in which you will be exhibiting, you must provide a Sales Tax Exemption Certificate for that state. Please send the above information to the Colt Expo office. Taxes vary by location and will be added to your invoice, if you do not submit your tax exempt certificate prior to the deadline date.

100% Refund Guarantee: Customer may cancel any orders for Colt Expo products and services made under Colt Expo Standard Terms and Conditions for any reason, provided written notice of cancellation is received by Colt Expo no less than seven (7) days prior to the first day of Move-In. If Customer has made any payment to Colt Expo for the orders, Colt Expo will refund 100% of such payment less the portion of such payment for services already performed by Colt Expo such as custom cut carpet, special furniture, material handling, rigging, labor, electrical services or graphics.

Bank Wire Transfer / ACH: You may choose to pay by credit card, however, we require your credit card charge authorization to be on file with Colt Expo even if you are paying by check or bank wire transfer.

If you have any questions regarding our payment policy, please call Colt Expo at 510-436-7500.

All balances must be paid upon conclusion of the event. You agree to late fees up to 1.5% per month on any balance not paid at the conclusion of the event, or balance left without appropriate credit card on file.

For your convenience, we will use the credit card authorization to charge your credit card for any additional amounts ordered by your representative or services rendered to your company for this event.

Colt Expo will charge a convenience fee for each request to reprocess payment to an alternate credit card in order to cover incremental processing costs. An alternate credit card is a credit card different than the one used to process your initial payment in accordance with Colt Expo payment policy. The convenience fee will be quoted at the time your request is made to reprocess payment. The convenience fee will be added to your account balance and settled utilizing the new credit card provided.

In placing your order you accept all Terms and Conditions of Contract and the Payment Policy.

The team was incredible from start to finish! They handled everything, allowing us to focus on what mattered most – our attendees. Couldn’t recommend them enough!

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