RULES AND REGULATIONS FOR EXHIBITORS

These rules and regulations are an integral part of the Contract. Any organization, entity or individual paying a participation fee and/or occupying booth space at La Nuit En Rosé (“Event” or “The Event”) as an Exhibitor (”Exhibitor” or “Exhibitors” or "Sponsor") shall be bound by the rules and regulations set forth herein and by such amendments or additional rules and regulations which may be established by event management, LA NUIT EN ROSE LLC (”LA NUIT EN ROSE”). Situations not explicitly covered by these rules are subject to determination by LA NUIT EN ROSE, in its sole discretion.

EXHIBIT SPACE

1. Exhibitor shall not sell, assign, transfer, nor convey this agreement or assign, sublet or permit its space, or any part thereof, to be used by another, or allow any use of the premises other than that specified in its accepted application.

2. Rights of an Exhibitor shall not be assignable to any other firm or person.

3. Space assignments will be determined based upon total square footage, consecutive years in show, and date deposit received. LA NUIT EN ROSE reserves the right to change the floor plan, without notice, in order to comply with fire and safety regulations, or if in its absolute discretion deems it necessary to do so to provide, in its judgment a more satisfactory, attractive and successful event.

4. The distribution of any promotional materials is limited to your contracted booth space and the space directly around it.

5. Exhibit shall not obstruct the view, detract from any adjoining exhibit, or be operated in any manner objectionable to other exhibitors. The use of loud speakers, recording equipment, TVs and radios or the use of operating machinery, which is of sufficient volume to annoy neighboring exhibitors will not be permitted. LA NUIT EN ROSE reserves the right to prohibit any exhibitor or party thereof, which in its sole opinion violates the agreement described herein or is in other ways not suitable to and in keeping with the character and spirit of the event.

6. Exhibitor agrees not to sell merchandise for cash, retail or wholesale without prior written approval by LA NUIT EN ROSE.

7. Exhibitor shall not conduct raffles or other promotional measures that require guests to be present at a specified location and time. All unusual promotional plans must be approved in writing by LA NUIT EN ROSE prior to the first day of the event.

8. Exhibitor shall have an authorized representative present at the event throughout all exhibit periods and during the installation (one hour prior to each event) and dismantling of the exhibit.

9. Exhibits and promotional materials (banners, stickers, etc.) must be designed, constructed and operated in good taste and in accordance with the best interest of the Event, which standards shall be determined by LA NUIT EN ROSE in its sole discretion.

10. LA NUIT EN ROSE will prohibit the installation or operation of any exhibit not meeting the standard quality and audience involvement as specified herein and may prohibit the conduct of any activity whatsoever which LA NUIT EN ROSE, in its sole discretion, deems detrimental and not in the best interest of the Event.

EXHIBIT HALL

1. Exhibitor agrees to abide by all pertinent City, State & Federal safety and fire codes, laws and ordinances pertaining to honest and fair advertising, health, fire & public safety.

2. All display materials used must be fireproof or be flameproof, and affidavit or proof of same must be furnished if required.

3. Nothing shall be nailed, screwed, stapled, taped, wired or otherwise fixed to walls, floors or any part of the exhibition area. All required measures for such protection of the building shall be at Exhibitor’s expense.

4. All gummed or adhesive stickers are prohibited and, if used, may be subject to a minimum $500 charge for removal of same from the premises after Event closing.

5. Exhibits must be open and staffed during all published Event hours.

6. No exhibit nor portion thereof may be removed during the Event without prior written consent of LA NUIT EN ROSE.

7. Exhibitors shall have no right, prior to closing of the Event, to pack or remove articles of exhibit without the permission and approval in writing of LA NUIT EN ROSE.

8. Any exhibit space, whether contracted and paid or not, which is not occupied within thirty minutes of the published opening hour of the first day of the Event will become the property of LA NUIT EN ROSE to dispose of as it deems best, with no refunds or rebates paid to the company which originally contracted that space.

10. No one under the age of 21 is allowed on the exhibit floors at any time. NO EXCEPTIONS.

ALCOHOLIC BEVERAGE LAW AND COMPLIANCE

Exhibitors serving alcohol in New York must comply with the following rules:

1. Exhibitors must possess a Marketing Permit to participate in the Event. Each Exhibitor is required to send via email a copy of their marketing permit to LA NUIT EN ROSE two weeks prior to the Event. To apply online for a Marketing Permit, please visit the New York State Liquor Authority Website: http://www.sla.ny.gov/online-permit-applications

2. Any alcoholic beverage presented by an Exhibitor must be brand label approved in accordance with ABCL §107-a.

3. Each individual container must bear a label with the following health warning statement mandated by law: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.

4. If wine, each individual container must bear a label stating “Contains Sulfites”.

5. Any alcohol samples remaining at the conclusion of the Event must be removed by each Exhibitor and can not be given away.

6. Each wine sample poured shall be limited to 2 ounces.

7. Wine pouring can only be done by the Marketing Permit holder.

PAYMENT/CANCELLATION/REFUND POLICY

Applications must be accompanied by full payment made by check, by wire transfer or online.

Cancellation fees apply as follows:
1. Written cancellation notices received 6 months before the first day of an Event will be refunded minus a cancellation fee equal to 25% of the total fee.
2. Written cancellation notices received 3 months
before the first day of an Event will be refunded minus a cancellation fee equal to 50% of the total fee.
3. No cancellation refunds will be made between 3 months and the first day of the Event, even if exhibit space is resold.

Written cancellation notices should me mailed to LA NUIT EN ROSE LLC, 305 W 87th st, Suite #3, New York, NY 10024 USA and emailed to info@nuitrose.com

FORCE MAJEURE

If the event is terminated for any reason beyond the reasonable control of LA NUIT EN ROSE, including without limitation acts of God, war, strikes, labor disputes, accidents, government requisitions, restrictions or regulations on travel, facility unavailability, lack of commodities or supplies, inability to secure sufficient labor, civil disturbance, terrorism or threats of terrorism, disruption to transportation, disaster, fire, earthquakes, epidemic, or any other comparable casualty or condition, LA NUIT EN ROSE is unable to fulfill its obligations under the Contract, the parties may terminate the Contract without liability, and LA NUIT EN ROSE may retain the earned portion of the fee required to recompense it for expenses and commitments incurred up to the time of terminating the event. Any remaining unearned rental fees will be returned to the Exhibitor. Additionally, if any part of the event facility is damaged or if circumstances beyond LA NUIT EN ROSE's reasonable control make it impossible or impractical for LA NUIT EN ROSE to permit an Exhibitor to occupy or continue to occupy its assigned exhibit space location during any part of or the entire event, the Exhibitor will only be charged a pro rata exhibit space rental fee for the period that the exhibit was or could have been occupied by the Exhibitor. In no event will LA NUIT EN ROSE, the venue, or their respective owners, directors, officers, employees, agents and representatives be liable for consequential, indirect, or incidental damages of any nature or for any reason whatsoever.

INSURANCE
All property of the exhibitor is understood to remain under its custody and control in transit to and from and within the confines of the exhibit area and the exhibitor shall maintain insurance covering the exhibitor’s property. Exhibitor shall also carry commercial general liability coverage: $1,000,000 for Each Occurrence, $1,000,000 Aggregate, Worker’s Compensation: Statutory Limits, Employers Liability: $1,000,000 Each Accident, $1,000,000 Disease-Each Employee and $1,000,000 Disease-Policy Limit.

AMENDMENTS
LA NUIT EN ROSE shall have full power in the interpretation and enforcement of all rules contained herein, and the power to make from time to time such reasonable amendments thereto and such further rules and regulations as it shall consider necessary for the proper conduct of the event, provided same do not materially alter or change the contractual rights of the exhibitors.

INDEMNIFICATION
Exhibitor shall and does hereby indemnify, defend and hold harmless LA NUIT EN ROSE, and (as applicable) each of its parents, subsidiaries, affiliates, chapters, committees and councils, and as applicable, each of their individual or collective past and present directors, officers, employees, representatives, shareholders, agents, patrons, guests, invitees, insurers, attorneys, administrators, accountants, executors, heirs, assigns, predecessors, and successors-in-interest, and all persons acting by, through, or in concert with any of them (Indemnities) from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reason- able attorney fees and costs, that Indemnity may incur or suffer and that result from or are related to any breach or failure of exhibitor to perform any of the terms or conditions of this Agreement.

LIABILITY

1. Neither LA NUIT EN ROSE, the venue, nor the officers, employees or agents of any of them shall have any liability for any personal injury to the exhibitor or its officers, agents, or employees, or to any other person in attendance at the event; whether such injury or damage is caused by action of the elements or by acts or omissions of such parties, whether any such injury or damage occurs prior to, during or after the event unless such injury or damage is the direct result of the gross negligence or willful act of the person attempted to be charged therefore. The exhibitor, by signing this contract, expressly releases such parties from and against any and all claims for such injury or damage. LA NUIT EN ROSE hereby declares itself NOT RESPONSIBLE for and assumes no liability arising from fire, theft, damage to or loss of any property placed in the exhibit booth space. Only a rental of space license is granted hereby and no bailment is created. Eventualities in the event of postponement of the show for any cause beyond LA NUIT EN ROSE's control, LA NUIT EN ROSE shall have no obligation whatsoever to the exhibitors.

2. Exhibitor agrees to protect, save and keep LA NUIT EN ROSE and their representatives and agents forever harmless from any claims or charges imposed for violation of any law or ordinance, including but not limited to alcoholic beverage laws or ordinance, whether occasioned by the negligence of Exhibitor, or those holding under or through Exhibitor, and Exhibitor shall indemnify and hold LA NUIT EN ROSE harmless against any and all loss, costs, damage, liabilities, causes of action, debts or expenses arising from or by reason of any injury to Exhibitor, its employees, agents or guests or property, from any cause whatsoever, including but not limited to alcoholic beverage related claims, prior, during or subsequent to the period covered by the Contract. When acts of God, strikes, work stoppages or any other cause not within the control of LA NUIT EN ROSE make it impossible for Exhibitor to occupy or function in the Event premises, Exhibitor shall waive any claim for damages or compensation. In addition, it is the sole responsibility of Exhibitor to obtain insurance in sufficient amounts to fully cover all losses, but not limited to claims relative to alcoholic beverage laws, including but not limited to “dram shop” claims or losses.

If you have any questions regarding the Rules and Regulations for Exhibitors, please email LA NUIT EN ROSE at info@nuitrose.com or call LA NUIT EN ROSE at +1 212-873-1974.