EXHIBITOR KIT – TERMS OF SERVICE

Please read carefully: The following Terms & Conditions define the respective parties’ responsibilities of the contractual agreement between MIDWEST CONFERENCE SERVICE (MCS) and you, the Exhibitor. Acceptance of said terms and conditions will be construed when any of the following conditions are met: Signature of the Payment Authorization Form, or Online order is placed, or An order for labor, services, and/or equipment is placed by an Exhibitor with MCS, or Work is performed on behalf of Exhibitor by labor secured through MCS. No Refunds, No Returns, No Transfers

DEFINITIONS The name Midwest Conference Serviceshall be construed within the meaning of this contract as (MCS), and their employees, officers, agents, assigns, affiliated companies, and related entities including but not limited to any subcontractors MCS may appoint. The term Exhibitor shall be construed as the EXHIBITOR and/or its employees, agents, representatives, and/or any Exhibitor Appointed Contractor (EAC).

MCS provides managed services. Any use of the term “rental” in these forms refers to equipment and materials provided, delivered, installed, and removed by MCS as part of these services. At no time does control or possession of equipment transfer to the Exhibitor unless specifically identified as a sale.

PAYMENT TERMS  Full payment, including any applicable tax, is due in advance or at show site. A non-refundable processing fee will be applied to each order to cover administrative and operational costs (including order intake, coordination, and handling). This fee is not a gratuity and is not distributed to staff.

A $25.00 administrative fee will be applied to any refund based on the overpayment of check. All payments must be in U.S. funds and drawn on a U.S. Bank. Orders received without advance payment or after the deadline date may incur additional charges as indicated on each order form.

All equipment and materials provided remain the property of MCS before, during, and after the show, except where specifically identified as a sale (e.g., custom signage or printed graphics the Exhibitor elects to keep). Such tangible goods are taxable sales. Services such as freight handling, drayage, labor, and electrical coordination are non-taxable service charges. In case of cancellation, a one-hour “per person, per hour” charge will be applied to all labor orders not canceled in writing at least 2–3 business days prior to storefront closing. If services have already been provided at the time of cancellation, a 100% cancellation fee will be applied. Cancellations the day of the event and/or after services have been rendered will not receive a refund of any kind.

It is Exhibitor’s responsibility to advise MCS personnel of any problem with orders and to check invoices for accuracy prior to the close of the exhibit. All orders must have a credit card on file prior to show date. If no credit card is on file, MCS is not obligated to render services upon show date.

If Exhibitor is exempt from payment of sales tax, MCS requires an exemption certificate for the state in which the services are to be used. Resale certificates are not valid unless Exhibitor is rebilling these charges to its customers. International Exhibitors must prepay 100% of orders.

For outbound shipping only, any pre-approved unpaid balance with credit card on file after show close will be due Net 15. After 15 days, unpaid balances accrue a finance charge of 1.5% per month (18% APR).

LABOR TERMS & CONDITIONS  Labor under the supervision of MCS:
MCS is responsible for the performance of labor it supervises. MCS does not assume responsibility for acts of, or loss to, persons or firms not under its direct supervision. MCS shall not be liable for delays beyond its control. MCS agrees to indemnify and hold harmless Exhibitor for claims arising out of labor provided and supervised by MCS, except when Exhibitor exercises direction/control over that labor.

Labor under the supervision of Exhibitor: Exhibitor is responsible for labor it supervises. Exhibitor must direct labor in a reasonable and safe manner. Exhibitor indemnifies and holds harmless MCS from claims arising out of labor supervised by Exhibitor, including violations of show/facility regulations.

FREIGHT HANDLING TERMS & CONDITIONS MCS provides freight and material handling as a service to Exhibitors. MCS and subcontractors are not insurers and shall not be liable for ordinary wear, concealed damage, improperly packed freight, or losses due to causes beyond reasonable control (strikes, theft, weather, etc.).

MCS’ liability, if found, is limited to $0.10 per pound per item, up to $50 per item or $1,000 per shipment, whichever is less. Insurance should be arranged by Exhibitor from the time freight leaves Exhibitor’s facility until return.

MCS acts as agent for Exhibitors in handling freight, not as bailee or shipper. Exhibitor assumes responsibility for proper labeling, carrier instructions, and insurance. Claims must be reported at show site or within 30 days after show close.

GENERAL LIABILITY MCS and subcontractors are not liable for indirect, special, incidental, or consequential damages, including lost profits or revenues, loss of use of property, or delays. Exhibitor agrees not to withhold payment to MCS as offset for any such claim.

This Privacy Policy (the “Policy”) governs the manner in which Midwest Conference Service collects, uses, maintains, and discloses information collected from you in connection with the Midwest Conference Service online storefront.

Midwest Conference Service may collect and store information about you and/or your business including your or your business’s name, email address, phone number, mailing address, accounting transaction data, payment or other financial information, aggregate transaction data, customer sales and order information, third-party data, business data, browser data, devices used, technical information about your means of connection to applications, and any other information or data submitted by you or third parties in connection with our Software Services, Storefronts, or other services rendered pursuant to the Agreement (the “Information”).

Information Use

Information collected may be used in connection with or for purposes of providing services to you, your business, and to others, improving services provided to you, your business, or to others, providing notices to you, complying with applicable law, and any other lawful purpose, including protecting the health or safety of you or others, and monitoring and preventing fraudulent or unlawful third-party activity.

Commercial Use of Information

Midwest Conference Service will not sell or share the Information with third parties for any commercial purposes without your consent and express agreement. Midwest Conference Service may, however, use the Information in order to share generic, collective, group, or other non-identifying information about the use of Midwest Conference Service’s products and services as part of commercial transactions with third parties to help Midwest Conference Service improve its products and services or for any other lawful purpose.

Third-Party Service Providers

Midwest Conference Service may use third-party service providers and vendors to assist Midwest Conference Service in providing its products and services to you and others, including, without limitation, services to host Midwest Conference Service’s Software Services, Storefronts, payment processes, and other services pursuant to the Agreement. Midwest Conference Service may also use third-party service providers and vendors to store Information and other data. Any such third parties would have access to your Information for the limited purpose of assisting, as reasonably necessary, Midwest Conference Service in providing Software Services and other services pursuant to the Agreement.

Midwest Conference Service may disclose your Information as Midwest Conference Service reasonably believes is required by court order, governmental directive, or other law, to protect the rights of Midwest Conference Service, or as otherwise allowed pursuant to the Agreement or applicable law.

Information Protection

Midwest Conference Service will retain, protect, and process the Information and underlying or related data using commercially reasonable practices. Although Midwest Conference Service will undertake such efforts to preserve and protect the integrity of the Information, you acknowledge and agree that all security measures have potential risks.

Customer Control of Collected Data

You may decline to provide or submit Information to us, however, some of our Software Services, Storefronts, or other services may not be available to you if you choose not to provide or submit Information. You also have a right to access the Information that we hold (about you) upon reasonable written request.

Updates to our Policy

By entering into the Agreement or the Acknowledgment or by using our products or services, you consent to the collection and use of your Information by us consistent with this Policy and the Agreement. We may change this Policy from time to time, for any reason. Any such changes become effective when posted.

To the extent that this Policy is inconsistent with applicable law, it is the intent of Midwest Conference Service to comply with applicable law. If there is any conflict between any provision of this Policy and applicable law, such applicable law shall prevail; provided, however, that any such conflicting provision in this Policy shall be curtailed and limited only to the extent necessary to bring it within the legal requirements and the remainder of this Policy shall not be affected thereby.