legal

This 2024 Artist Alley Terms and Conditions (“Terms and Conditions” or “Agreement”) is entered into by and between LVL Up Expo Management LLC (“Management”) organized under the laws of the state of Nevada and “Artist”. Management and Artist are referred to individually as “Party” and collectively as “Parties”. The effective date of this Agreement is the date Artist acknowledges and accepts the “Terms & Conditions” check box on Registration Form and completes payment in full.

1. Definitions. The term “Management” refers to LVL Up Expo Management LLC and its respective agents, employees, affiliates, and assigns. The term “Artist” and “Primary Artist” refers to the applicant identified on the registration form, and includes its respective agents, employees, affiliates, assigns, and invitees.  “Licensed Space” refers to the rented exhibit booth space from Management to Artist and may also be referred to as “Exhibit”. “Event” refers to the 2024 LVL Up Expo show, where Licensed Space is to be had.

2. Licensed Space. Management hereby grants Artist a revocable, non-exclusive license to the Licensed Space. By contracting to rent the Licensed Space, Artist hereby agrees to abide by these Terms and Conditions. Primary Artist must absorb a minimum of Sixty Percent (60%) of the Licensed Space and Subsidiary Artist can absorb a maximum of Forty Percent (40%) of Licensed Space.

3. Event Details.
a. Location. The Event will be located at the Las Vegas Convention Center, West Hall, 300 Convention Center Drive, Las Vegas, NV 89109.
b. Schedule. The Event will be held April 26-28, 2024. Exhibit Hall, Install (“Set Up”) and Dismantle (“Strike”) Hours detailed hereafter. Times of Event may be changed at Management’s sole discretion and Artists will be notified no later than two (2) weeks prior to Event. Please carefully review our new times for our 2024 Event.
i. Install Hours
Thursday, April 25, 2024
8:00 AM to 12:00 AM
Friday, April 26, 2024*
8:00 AM to 11:00 AM
*No set up will be permitted, only finishing touches during this time.
Freight (“Bay”) Door will not be opened for drive-ins.
ii. Friday Exhibit Hall Hours
April 26, 2024
11:00 AM to 12:00 PM (VIP Only)
April 26, 2024
12:00 PM to 8:00 PM
iii. Saturday Exhibit Hall Hours
April 27, 2024
10:00 AM to 11:00 AM (VIP Only)
April 27, 2024
11:00 AM to 8:00 PM
iv. Sunday Exhibit Hall Hours
April 28, 2024
10:00 AM to 11:00 AM (VIP Only)
April 28, 2024
11:00 AM to 6:00 PM
v. Dismantle Hours
Sunday, April 28, 2024
6:00 PM to 11:00PM
Monday, April 29, 2024
8:00 AM to 11:00 AM

4. Licensed Space Details.
a. Single Booth | One (1) 10’x6’ booth space purchase, includes the following:
• Two (2) Artist Badges
o 1 Primary Artist and 1 Assistant or;
o Primary Artist and 1 Subsidiary Artist
• One (1) 6’x3’ table with tablecloth
• Pipe and drape
• Two (2) chairs
• Company name listed in LVL UP EXPO mobile app
• Company name listed on LVL UP EXPO website
b. Double Booth | One (1) 20’x6’ booth space purchase, includes the following:
• Four (4) Artist Badges
o 1 Primary Artist and 3 Assistants or;
o 1 Primary Artist, 1 Subsidiary Artist, and 2 Assistants
• Two (2) 6’x3’ table with tablecloth
• Pipe and drape
• Four (4) chairs
• Company name listed in LVL UP EXPO mobile app
• Company name listed on LVL UP EXPO website
5. Artist Check-In and Check-Out. Artists must be checked in on Thursday, April 25, 2024 between the hours of 8:00 AM – 10:00 PM. No Check-Ins will be available on Friday, April 26, 2024. If the Artist is not checked in between these times they may risk forfeiture of their booth and shall not be entitled to a refund or any resulting damages. Check-Outs will be only on Sunday, April 28, 2024, from 6:00 PM – 11:00 PM. Check-In and Check-Out location will be located at the Registration Lobby.

6. Installation of Exhibits and Late Install Forfeiture. Minors (17 years of age or under) are not allowed on the Exhibit Hall Floor during Install. Install Hours are Thursday, April 25, 2024 between the hours of 8:00 AM – 12:00 AM. Artists who do not install during these times, may at the discretion of Management, have their licensed space terminated, and changed or transferred to another Artist. The removed Artist shall not be entitled to a refund or any resulting damages.

7. Dismantle and Clean Up of Exhibits. Minors (17 years of age or under) are not allowed on the Exhibit Hall Floor during dismantle. Dismantle Hours are Sunday, April 28, 2024 between the hours of 6:00 PM – 11:00 PM and Monday, April 29, 2024 between the hours of 8:00 AM – 11:00 AM. Any exhibits not completely dismantled and removed by these times, may result in removal by Management and associated fees will incur at prevailing rates. If an Artist dismantles and/or removes their ¬Exhibit before these times, Artist will be flagged by Management and may not be allowed to exhibit at future events.

a. Clean Up Assessment. All clean up after the event must be completed no later than 11:00 AM on Monday, April 29, 2024. Clean up is not allowed the next day or at a later time. If large trash, debris, boxes, shipments, etc. is left behind by the Artist, the Artist may incur a cleaning assessment up to $500 in addition to cleaning fees incurred at prevailing rates. Dumpsters will be easily accessible during break down times. Please properly break down all boxes before disposing.

8. Character of Licensed Space. Exhibits must be designed, constructed, and operated in good taste and in a safe manner that will withstand normal contact or vibration by neighboring Artists, attendees, and hall laborers. Artists shall ensure that any display fixtures such as tables, racks or shelves are designed and installed properly to support the product or marketing materials displayed. All products, business and display materials must take place and be kept within the Licensed Space. No explosives, fuels or other combustible matter may be brought into the Licensed Space. Licensed Space is to remain clean and free of restrictions and/or hazardous materials or odors. Boxes, debris, and other blemishes must be thrown away or kept out of sight. All tables must have properly fitted polyester tablecloths that reach to the floor. Sound of any kind must not be projected outside of the Licensed space and noise levels are to be kept at a reasonable level. Notwithstanding the above provisions and Height and Line of Sight Variance, may result in termination of licensed space and shall not be entitled to a refund or any resulting damages. In its sole discretion, Management may require the removal, relocation or the modification of any Licensed Space, display, exhibit, or part thereof in Management’s sole discretion at Artist’s sole cost.
a. Height and Line of Sight Variance. Booths with 200 square feet or less have a maximum height allowance of 8’. All exhibit fixtures, lighting, components, and identification signs must not exceed this height allowance.

9. Sales of Artificial Intelligence (AI) Art; Tangible Personal Property; Inappropriate Product and Counterfeit/Bootleg Material. If Artist is subject to Nevada sales taxes, Artist shall accurately complete the “one time sales tax return” and return it to Management by 11:00 PM, Sunday, April 28, 2024. In addition to any other indemnity in this Agreement, Artist shall indemnify, defend, and hold harmless Management from any liability associated with any taxes related to Artist. Artist shall not sell or distribute offensive, mature (17+) or inappropriate material. Artist shall not sell counterfeit and bootleg material. Management has the sole discretion to determine what is offensive or inappropriate or counterfeit material. An Artist who continues to sell such materials may result in termination of their Licensed Space and shall not be entitled to a refund or any resulting damages.

a. Description of Mature (17+) material not approved for sale:
i. Sexually explicit content, such as pornography or depiction of sexual acts.
ii. Fetishes intended to be sexually gratifying.
iii. Depiction of Nude genitalia.
iv. Overtly sexual poses in which the subject is nude, blurred, or has minimal clothing.
v. Content that sexually exploits minors.
vi. Content that sexually exploits animals.
vii. Violent material that depicts excessive amounts of blood or death of animals or people.

b. AI generated artwork is not permitted. 

10. Booth Assignment. While initial booth reservation may be mutually agreed to by the Artist and Management, final assignment is the proprietary right of Management.
Furthermore, The Artist shall not assign, sublet, or apportion the whole or any part of the space assigned or have representatives, equipment, or materials other than their own in the Licensed Space without written consent from Management.

11. Payment. Payment must be received in full (100%) with completion of Registration Form or immediately after to secure Licensed Space.

12. Artist Cancellation. An Artist who elects to cancel their Licensed Space for any reason, on or before 90 days of the first day of the Event will receive a full (100%) refund of the amount charged; within 90 days of the first day of the Event will receive half (50%) refund; within 45 days of the first day of the Event, the Artist will not be applicable to receive any refund.

13. Event Cancellation. In the event that Event is unable to operate, in the sole determination of Management, whether due to Acts of God, force majeure, pandemic, epidemic, terrorism, war, illness, public safety, strike, civil commotion, picketing, fire or state of emergency, or by reason of any other occurrence not under the control of Management, or otherwise, Management may cancel, postpone or terminate Event, the Artist waives any and all claims the Artist may have against Management for damages or expenses and agrees to accept in complete settlement and discharge of all claims, a refund of the Artist’s booth registration fee.

14. Liability. Management, its directors, contractors, volunteers, and employees, shall not be responsible for any loss, theft or property damage suffered by Artist, their employees, or representatives. Furthermore, Management, its directors, contractors, volunteers, and employees, shall not be responsible for any damage, illness, or injury to Artist personnel, agents or attendees. Artist does hereby indemnify, save, and hold harmless Management, its directors, contractors, volunteers, and employees from any and all claims and liabilities that may ensue from any cause whatsoever, including attorney fees.

15. Waiver. The rights and remedies of the parties to these Terms and Conditions are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under these Terms and Conditions will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of these Terms and Conditions can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in these Terms and Conditions.

16. Assumption of Risk. The Artist hereby expressly and specifically assumes the risk of injury or harm in the activities and releases Management from all liability for injury, illness, death, or property damage resulting from the activities.

a. Furthermore, Artist hereby expressly and specifically assumes the following:
While attending Event, preventative measures may be put in place by Management to reduce the risks of exposure to COVID-19. Safety protocols may be revised to reflect the current state of the country and what our Nevada Governor sets as guidelines. Management cannot guarantee that it’s attendees, Artists, and artists will not become infected with COVID-19.

17. Governing Law. This Agreement will be governed by the laws of the State of Nevada without regard to conflicts of laws principles.

18. Jurisdiction; Service of Process. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement may be brought against any of the parties in the courts of the State of Nevada, County of Clark, or, if it has or can acquire jurisdiction, in the United States District Court for the District of Nevada and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.

19. Independent Legal Review. Each Artist agrees to seek and consult with independent counsel to answer all questions regarding the overall Terms and Conditions.

20. Entire Terms and Conditions. These Terms and Conditions constitutes the entire Terms and Conditions between the parties with respect to the subject matter of these Terms and Conditions and supersedes all prior written and oral Agreements and understandings between Management and Artist with respect to the subject matter of these Terms and Conditions.

21. Binding Agreement. These Terms and Conditions are considered binding when 1.) the Artist checks the “Terms & Conditions” check box on the 2024 Artist Alley Registration Form 2.) the Artist completes payment in full.

22. Signature. By checking the “Terms & Conditions” check box, the Artist acknowledges that they have read, understand and agree to be bound by the the Terms and Conditions. Furthermore, the Artist confirms they have the authority to accept the terms and conditions and register on behalf of the Artist.