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.
Delaware Checklist of Matters to be Considered in Drafting a Lease for the Use of Exhibit Space at a Trade Show A lease agreement for the use of exhibit space at a trade show in Delaware needs to address various essential matters to protect both the exhibitor and the event organizer. Here is a detailed checklist of the key considerations to be included in the lease agreement: 1. Identification of Parties: Clearly state the names, addresses, and contact information of both the exhibitor (the party renting the exhibit space) and the event organizer (the party providing the space). 2. Description of Exhibit Space: Provide a detailed description of the exhibition space, including its location, size, and any specific features or amenities included (e.g., electrical outlets, signage opportunities, internet access). 3. Rental Duration: Specify the exact dates and times during which the exhibit space is available for use. Clarify when the exhibitor can access the space for setup and dismantling. 4. Rent and Payment Terms: Clearly state the rental fee, payment schedule, and any additional charges or taxes applicable. Define the accepted payment methods and highlight any penalties for late payments. 5. Use of Space: Indicate the permissible use of the exhibit space, including any restrictions or limitations imposed by the event organizer. Outline any prohibited activities, materials, or products that cannot be showcased. 6. Insurance Requirements: Establish the insurability terms, including the types and minimum coverage limits of insurance the exhibitor must obtain. Specify any additional insured parties that must be named on the policy. 7. Liability and Indemnification: Define the liability of both parties in case of property damage, injuries, or accidents that occur within the exhibit space. Include a clause requiring the exhibitor to indemnify and hold the event organizer harmless from any claims arising from their use or occupancy of the space. 8. Security Deposit: State if a security deposit is required, its amount, and the conditions under which the deposit may be forfeited or returned. Detail any deductions that may be made from the deposit. 9. Changes and Cancellation: Establish the procedure for making changes to the lease agreement or canceling the exhibit space reservation. Determine whether any refunds or penalties apply in case of cancellation. 10. Assignment and Subletting: Specify whether the exhibitor can assign, sublease, or share the rented space with another party. Include any restrictions or approval requirements. 11. Compliance with Laws and Regulations: Ensure both parties understand their obligations to comply with all applicable Delaware laws, regulations, and ordinances related to trade shows or exhibitions. 12. Governing Law and Jurisdiction: Determine which jurisdiction's laws govern the lease agreement, and specify the location for dispute resolution, whether it be negotiation, mediation, or litigation. Different Types of Delaware Checklists for Lease Agreements at Trade Shows: 1. Basic Lease Agreement Checklist: A concise checklist covering essential terms and conditions for a straightforward lease agreement at a trade show. 2. Comprehensive Lease Agreement Checklist: A more detailed checklist encompassing all potential clauses, provisions, and contingencies that may arise when leasing exhibit space at a trade show. 3. Insurance and Liability Checklist: A specialized checklist focusing on insurance requirements and liability considerations specific to Delaware trade shows. 4. Cancellation and Refund Checklist: A checklist specifically addressing cancellation policies and refund procedures for exhibitors in Delaware trade shows. 5. Legal Compliance Checklist: A comprehensive checklist summarizing the legal obligations and regulatory compliance requirements for both exhibitors and event organizers in Delaware.
