Liability and Limitations
Exhibitor agrees to protect, save and keep ASRT and venue forever harmless for any damage or charges imposed for violation of any law or ordinance by the exhibitor, its employees or agents. Exhibitor further agrees to comply strictly with the terms and conditions contained in the agreements between ASRT and venue regarding the exhibit premises. In addition, the exhibitor shall at all times protect, indemnify, save and keep harmless ASRT and venue against any and all loss, cost, damage or liability of expenses arising out of, from or by reason of any act or omission of the exhibitor, its employees or agents. The exhibitor is responsible for any lost, stolen, or damaged equipment provided as part of their exhibitor benefits and agrees to pay replacement or repair costs as assessed.
ASRT and venue shall indemnify and hold harmless exhibitors from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney’s fees arising out of or caused by the Group’s negligence and/or its members’ negligence in connection with the use of the space.
If venue should be destroyed or damaged or if the conference fails to take place as scheduled or is interrupted and/or discontinued or access to the premises is prevented or interfered with by reason of any strike, lock-out, injunction, act of God, emergency declared by any governmental agency or by the Director of Meetings and Conferences for any reason, ASRT may terminate the exhibitor/sponsor contract.
In the event of such termination, the exhibitor/sponsor waives all damages and claims for damages and agrees that the sole liability of ASRT will be to return the exhibit payment less the prorated share of all expenses incurred by ASRT to the exhibitor/sponsor. ASRT and venue shall not be responsible for damage to crated, uncrated and/or material not placed on skids, nor for concealed damage to materials.
After displays or materials are placed in the exhibit space, ASRT and venue will not be responsible for the condition, count or content of materials. Therefore, all materials should be properly insured while in transit and for the duration of the conference. Exhibitors wishing to insure their exhibit materials must do so at their own expense.
IN NO EVENT SHALL ASRT OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, AFFILIATES, AND ASSIGNEES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THEIR ACTS OR OMISSIONS OR ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ASRT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL ASRT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO ASRT PURSUANT TO THIS AGREEMENT. CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT MUST BE MADE IN WRITING WITHIN THIRTY DAYS AFTER THE LAST DAY OF THE EVENT, AND FAILURE TO GIVE SUCH NOTICE SHALL CONSTITUTE A WAIVER OF ANY CLAIMS.