Since a trade show or exhibition is held for a period of several days or weeks only, an exhibitor's agreement for space at such exhibition would not ordinarily have to be in writing in order to be valid. (Statute of Frauds does not require contracts to be in writing that are to be performed within one year). It is advisable, however, that the agreement be reduced to writing, in order that the rights, duties, and liabilities of the parties can be clearly fixed.
Title: Texas Checklist of Matters to Consider in Drafting a Lease for the Use of Exhibit Space at a Trade Show Introduction: Drafting a comprehensive lease for the use of exhibit space at a trade show in Texas requires careful consideration of various factors. This checklist aims to assist in ensuring that all crucial elements are addressed to protect the rights and interests of both exhibitors and show organizers. The following are important matters that should be considered while drafting such a lease agreement. 1. Contact Information: — Full legal names and contact details of the lessor (trade show organizer) and the lessee (exhibitor). — Additional contact information, such as emergency contact numbers, if available. 2. Description of Exhibit Space: — Provide a clear description of the designated exhibit space, including size, location, restrictions, and any specific requirements. 3. Lease Term: — Clearly define the duration of the lease agreement, including move-in and move-out dates, as well as the specific dates the exhibit space will be available for public viewing. 4. Rent and Payment Terms: — Outline the rental fee structure, including any deposits, installments, or additional charges for utilities, Wi-Fi, or cleaning services. — Specify the accepted payment methods and payment due dates. 5. Security Deposits and Insurance: — State the amount of the security deposit and any conditions for its refund or withholding. — Determine the insurance requirements, such as general liability coverage and worker's compensation, to protect both parties from potential damages or accidents. 6. Scope of Use: — Clearly define the purpose of the exhibit space and any limitations on its use. — Specify whether subleasing or sharing the exhibit space is allowed and under what conditions. 7. Installation and Dismantling: — Establish the timeline and guidelines for move-in and move-out procedures, including any restrictions related to noise levels, labor, equipment, and hours of operation. 8. Compliance with Laws and Regulations: — Stipulate the exhibitor's responsibility to comply with all applicable federal, state, and local laws and regulations during the trade show. — Address guidelines related to fire safety, accessibility, health, and safety codes. 9. Display and Exhibitor's Booth Design: — Set rules and restrictions regarding booth construction, signage, lighting, displays, and appearance, while considering any regulations imposed by the venue or trade show management. — Specify any requirements for the exhibitor's branding and advertising materials. 10. Indemnification and Liability: — Define the responsibilities and liabilities of both parties in case of property damage, personal injury, or any other loss occurring within the designated exhibit space. — Determine the obligation of the exhibitor to indemnify and hold the lessor harmless from any claims arising during the trade show. 11. Termination and Cancellation: — Establish the conditions under which either party may terminate or cancel the lease agreement, including any applicable penalties, deadlines, or notification requirements. 12. Governing Law and Jurisdiction: — Identify the governing law that will apply to the lease agreement, specifying Texas state law and jurisdiction if relevant. Conclusion: Creating a comprehensive lease agreement for the use of exhibit space at a trade show in Texas involves addressing a wide range of critical matters to protect the rights and interests of both exhibitors and show organizers. By utilizing this checklist, all parties can ensure that their lease agreements are thorough, fair, and compliant with relevant laws and regulations.
