Exhibitors

Directly at the end of the mountain, nearly 100 teams, companies and partners will be present to discover the latest in the industry. Product testing directly on the trails, demos. tastings, contests etc. A great opportunity to meet the technical teams on site and the athletes!

The Exhibitor (as identified in the Form) must complete and submit the Form in accordance with the procedure indicated at the bottom of the Form. Once the Form has been sent, Corporation événements d’été de Québec (the “Organizer”) will contact the Exhibitor in order to confirm to the Exhibitor the availability of the Space and of the Additional Requirements selected by the Exhibitor, as well as the total costs to be paid by the Exhibitor based on the selections made by the Exhibitor (the “Fees”). The Form, the Special Conditions and the General Conditions set out herein constitute the entire agreement to be entered into between the Organizer and the Exhibitor at the time of confirmation of the Fees (the “Agreement”). The Agreement supersedes any agreements or discussions and any arrangements or negotiations on the same subject matters intervened before or concurrently, verbally or in writing. In the event of any conflict between the various provisions of the Agreement, the provisions of the Special Conditions will prevail over the General Conditions.

SPECIAL CONDITIONS

SPACE RESERVATION

Prices:

10×10 ft : $990

10×20 ft : $1485

10×30 ft : $1870

20×20 ft : $2400

ADDITIONAL REQUIREMENTS

ADDITIONNAL FEES

• Early departure (prior to Sunday,August 7th, 2022 at 4PM): $300
• Late reservation (after July 5th, 2022): $300
• Partial or non-use of the reserved space: $300

For any questions please contact Christian Rodrigue : christian@mordicus.com / 418-271-5609

GENERAL CONDITIONS

Term: The space is leased by the Exhibitor for the period specified on the Form and ends at the end of the Event.

Promotion & Sales: The Exhibitor is authorized to sell and/or promote the product/service it represents during the Term of its lease of the Space. However, no food product sales or sampling activity is allowed without a separate prior agreement with the Organizer and the payment of additional fees.

Fees: All fees and prices exclude applicable taxes. The fees owed by the Exhibitor are payable in full to the Organizer when the reservation is confirmed. With respect to any unpaid invoices, in addition to its other rights and recourses, the Organizer reserves its right not to provide the Space and Additional Requirements to the Exhibitor.

Termination: The Exhibitor may terminate the Agreement upon written notice to the Organizer. If the termination occurs: (A) no later than July 3, 2022, termination fees representing 50% of the Fees will be payable and billed by the Organizer; or (B) as of July 4, 2022, termination fees representing 100% of the Fees will be payable and billed by the Organizer. The termination fees are not and do not constitute a penalty, but a reasonable estimate of the damages suffered by the Organizer as a result of the non-participation of the Exhibitor. The Organizer may terminate this Agreement, without penalty or liability: (I) for any reason, at its discretion, upon ten (10) days prior notice to the Exhibitor; and (II) if the Exhibitor is in default under this Agreement and fails to cure the default within the delay requested by the Organizer, according to the nature and timing of the default.

Gifts: The Exhibitor must provide the Organizer with gifts or gift certificates having a minimum value of $150 CA which will be given to the persons designated by the Organizer. The gifts must be given by the Exhibitor to the Organizer in the manner and at the time which will be communicated to it by the Organizer.

Space: If the Exhibitor wishes to include a promotional vehicle in its Space, it is responsible for reserving sufficient space in order to be able to move it safely without disrupting the other exhibitors, failing which it will need to move the vehicle, at its expense, at the Organizer’s request. The Exhibitor is responsible for any property damage or damages caused to individuals by the Exhibitor. It is the Exhibitor’s responsibility to have the material and services it did not select in the Form but that are required according to the circumstances, as determined by the Organizer, and to assume all the costs and expenses related thereto, including, in particular, those related to the equipment required for the selected Space, the kiosk, transport, insurance, and anchoring to the ground.

Equipment. With respect to the equipment used by the Exhibitor, the Exhibitor confirms having the appropriate insurance coverage and acknowledges that the Organizer may not, in any case, be held liable, in any manner, including, in particular, in the case of breakage, theft, loss, damage or any other incident affecting its equipment, which are the sole and entire responsibility of the Exhibitor. The Organizer accepts no responsibility with regards thereto. Any material belonging to the Organizer and provided to the Exhibitor, including for use on the Site may only be used by the Exhibitor on the Site. At the end of the Event or at the request of the Organizer, the Exhibitor must return immediately to the Organizer all of the Organizer’s material, with the Exhibitor being liable for any damage caused to the Organizer’s equipment under its care.

Security: A security team is provided day and night on the Site from August 4 up to and including August 7, 2022. Notwithstanding the foregoing, the Organizer is not responsible for the loss, theft or destruction of any objects/products belonging to the Exhibitor or rented by the Exhibitor or under its custody or control or located in its Space and, more generally, on the Site. Notwithstanding the foregoing, the Organizer may modify the security provided, at its sole discretion and without notice. No guarantee is given and no obligation of result or of means is undertaken by the Organizer. The use of the Site and of the Space is at the risk and peril of the Exhibitor.

Electric power supply: An electric power supply is not included in the Fees and must be reserved with the Organizer before July 12, 2022. The Exhibitor is responsible for providing the extension wires and other electronic accessories necessary or helpful to use the electricity. The Exhibitor must at all times act in a prudent and diligent manner and comply with the standards when using the electricity and not use or allow the use of any equipment which is unsuitable or damaged.

Water: A water access is available on the Site, but no water access is available in the Space.

Parking: One (1) parking sticker, valid for one car in the parking area nearby is offered, free of charge, to each Exhibitor.

Authorizations: Each Exhibitor will receive four (4) tickets providing limited access (without bike) to the Mont-Saint-Anne cable car.

Declarations, warranties and covenants: The Exhibitor declares, represents and warrants to the Organizer and to any third party from which it holds the rights or which provides it with services, such as Gestion d’événements Gestev inc., and to the sponsors and partners of the Event and the Site (collectively, the « Beneficiaries ») : (A) that it has the necessary power and authority to conclude and sign this Agreement and that it agrees to respect and execute its obligations pursuant thereto; (B) that the visual elements, banners, gifts and promotional articles used by the Exhibitor for display, publication, contests, distribution or presentation on the Site and/or in the Space (including any trademarks incorporated therein) do not violate, harm or interfere with the law or any other rights (including, without limitation, any intellectual property rights or any advertising or safety standards).

Liability: The parties agree that the Organizer and the Beneficiaries, except in the case of gross or willful misconduct on their part, cannot be held liable towards the Exhibitor for any direct, incidental, special, consecutive, exemplary, punitive or consequential damages, or for any claims, losses, taxes, expenses or costs in relation with: (A) any unlawful or unauthorized intrusion by a third party on the Site and/or in the Space; (B) any service interruption for causes beyond the control of the Organizer; (C) any electric power or water supply outages; (D) the unavailability of items selected by the Exhibitor in the Reservations and Additional Requirements sections of the Special Conditions, as a result of an event of force majeure or of any reason beyond its control. The Exhibitor acknowledges that the Organizer is not subject to any obligation, either by law or contract, to monitor or intervene (for example, by way of notice, letter of demand or proceeding), with respect to any person who reproduces, disseminates or, more generally, uses the elements selected by the Exhibitor in the Reservations and Additional Requirements sections of the Special Conditions. The Organizer makes no representations and excludes any warranties with respect to the efficiency, scope, outcomes, quality, fitness for a specific purpose, performance, consistency, availability, traffic on the Site, Spaces or the other items selected by the Exhibitor in the Reservations and Additional Requirements sections of the Special Conditions. The Organizer and the Beneficiaries cannot be held liable for any loss of profits or revenue of the Exhibitor as a result of the performance or non-performance by the Organizer or the Beneficiaries of any of their contractual undertakings arising out of this Agreement, even if the Organizer or Beneficiaries knew or should have known the possibility of such damages or losses. To the maximum extent permitted by law, the Organizer and the Beneficiaries do not accept any responsibility with respect to any acts or omissions of the Exhibitor and of the persons using the Site. In all cases, the liability of the Organizer and Beneficiaries cannot exceed 50% of the Fees, and the limitations and exclusions apply, even in the case where the Organizer or the Beneficiaries knew or should have known the possibility of such damages.

Insurance. The Exhibitor shall subscribe to the following insurance policies: (A) civil liability insurance with a minimum limit of five million dollars ($5,000,000) per occurrence covering the activities of the Exhibitor and naming the Organizer as an additional insured; (B) comprehensive insurance covering the assets that belong to or are under the responsibility of the Exhibitor; with a clause waiving any right of subrogation against the Organizer; (C) automobile liability or civil liability insurance covering all of the vehicles used by the Exhibitor. The Exhibitor will be required to provide an insurance certificate specifically for the Event and evidencing all of the aforementioned insurance. The Exhibitor agree to comply and confirms being in compliance with all applicable laws, regulations and standards (federal and provincial) relating to health and safety and confirms having registered all of its employees and volunteers at the CNESST.

Indemnification: The Exhibitor agrees to hold harmless, defend and indemnify the Organizer, the Beneficiaries, and their employees, representatives, directors, officers, agents, affiliates and related companies, against any action, demand, loss, liability, damage, proceeding, claim, delay, non-compliance with the schedule, and any other costs or damages of any nature whatsoever, and any amount paid pursuant to a judgment or settlement agreement, any amount paid as judicial costs, reasonable lawyer fees and the costs of experts, arising from, related to or as a result of: (A) an event occurring during the Event, including on the Site, for which the Exhibitor is liable; (B) damages caused by the Exhibitor in the course of this Agreement, including damages caused to individuals and property damage, including to the Site, the spaces (including the Space), and the Additional Requirements; (C) the Exhibitor’s failure to comply with any laws or regulations (including those that apply to safety); (D) any demand related to intellectual property rights (including trademarks and copyrights), privacy rights, image rights, any type of property rights, the veracity of the contents of the promotional materials, visual elements, banners, gifts and promotional articles distributed, posted, published or presented on the Site by the Exhibitor and their compliance with any law and regulation (including those applicable to the products and services and to the advertising thereof); (E) any violation, inaccuracy in its covenants, representations or warranties; (F) any fault committed by the Exhibitor or its employees, representatives, directors, officers, agents, affiliates and related companies in the course of or during this Agreement.

The Organizer agrees to defend and indemnify the Exhibitor with respect to any claims from a third party against the Exhibitor to the effect that the Organizer is not authorized to grant the items selected by the Exhibitor in the Reservations and Additional Requirements sections of the Special Conditions, to the extent that the relevant item is provided exclusively by the Organizer. To the maximum extent permitted by law, it is agreed between the parties that the Organizer’s obligation to indemnify under this agreement cannot be more than 50% of the Fees.

Force majeure: The Organizer and the Beneficiaries are not liable for any delay in performing or any failure to perform their obligations hereunder if the delay or failure to perform is the result of an event of force majeure. For the purpose of this Agreement, a strike, a lock-out, the moving of the Site or a change of Site, the cancellation or postponement of the Event, a failure of the electrical power network, water supply, equipment and telecommunications, the facilities of other teams and other Exhibitors, and bad weather are considered events of force majeure.

Assignment: The Organizer may transfer, assign, delegate or dispose of this Agreement without the prior written approval of the Exhibitor.

No waiver: The fact that a party does not demand, at any time, the execution of a provision of this Agreement by the other party does not affect its right to demand the execution thereof at a later date, nor shall the waiver by a party to invoke the failure to respect a provision of this Agreement be interpreted or considered as a waiver to invoke the failure to respect such provision at a later date or as a waiver to the provision itself.

Relationship: This Agreement does not constitute and may not be interpreted as constituting a partnership or a joint venture between the parties and neither of the parties or any of their respective directors, officers, employees or agents may be deemed to constitute, as a result of the execution of their obligations pursuant to this Agreement, an agent or an employee of the other party.

Severability and survival: If any section of this Agreement is declared invalid or unenforceable, such invalidity shall have no effect on the other sections of this Agreement, which shall continue to apply notwithstanding the invalid section and the Agreement must then be read as if it did not contain such section. The terms, provisions, covenants and conditions of the Agreement which, pursuant to the terms and conditions herein, must be executed by the Exhibitor after the expiration or termination of the Agreement, as well as any other provisions of this Agreement which, by its nature, is intended to survive after the expiration or termination of the Agreement, remain in force after the expiration of the Agreement or its termination for any reason whatsoever.

Entire agreement: The Agreement refers to all the terms and conditions specified herein, including the General Conditions and Special Conditions (and their potential updates) as well as the completed Form and the Fees, as confirmed by the Organizer, and any other document or schedule provided to the Exhibitor in relation thereto (with the invoices or otherwise). This Agreement can only be modified by a separate written agreement signed by both parties.

Capture. The Exhibitor acknowledges that sounds, images and videos of the Exhibitor and its representatives may be captured and may be used, in whole or in part, free of charge, by the Organizer and by third parties authorized by the Organizer, for promotional, marketing and advertising purposes, without any restrictions as to the media, materials, languages, times and territories.

Applicable laws: This Agreement and its interpretation are governed by the laws of the province of Québec and the federal laws of Canada, without regard to conflict of laws principles. The parties consent and submit to the exclusive jurisdiction of the courts of the province of Québec sitting in the district of Montreal with respect to any action or proceeding instituted pursuant to this Agreement. The Exhibitor expressly waives the application of articles 2125 and 2129 of the Civil Code of Québec to the present Agreement.