Bank of America Chicago Marathon - Abbott Health & Fitness Expo 2024

Event Terms and Cancellation Policy

2024 Bank of America Chicago Marathon – Abbott Health & Fitness Expo

Event Terms and Cancellation Policy
Bank of America Chicago Marathon Order Terms and Conditions

By signing below or if submitted electronically, by clicking “Agree” to the Order Terms and Conditions (which will constitute a valid signature), Signer acknowledges and agrees to all terms and conditions applicable to their order as set forth below. Signer also represents and warrants it has full right, power and authority to accept these terms and conditions and to perform each of its obligations hereunder: By clicking the SUBMIT button, Signer represents that the information submitted is accurate. This information, including “personally identifiable information”, will be used to provide Signer with content related to their involvement in the 2024 Bank of America and/or any pre or post-event related activities, including but not limited to the Abbott Health & Fitness Expo and the Abbott Chicago 5K (the event and pre/post-event related activities are individually and collectively referred to hereinafter as the "Event"). Signer agrees to receive email notifications from Bank of America in connection with the Event. For more information regarding the use and disclosure of “personally identifiable information”
and to provide Signer with the best possible experience, please review the Bank of America Chicago Marathon Privacy Notice located at
https://www.chicagomarathon.com/participant-information/privacy-notice.

Marketing Opportunities Terms and Conditions

1. Prepaid Event Order(s) – All Event orders must be pre-paid prior to set-up, as applicable, and under terms outlined in the invoice.
Event Order Cancellation(s) - A non- refundable deposit of 20% the Event order total will be due upon Event order. The non-refundable deposit of 20% the Event order total will be retained in any and all circumstances.
A. Marketing Opportunity Partner Cancellation (Cancellation by Signer) - Any cancellation of an Event order must be done in writing to the Senior Director, Sales & Expo prior to June 30, 2024. An 80% refund of order total will be provided for cancellations to Event orders submitted in writing to the Senior Director, Sales & Expo prior to June 30, 2024.
B. Event Capacity Reduction (Reduction by Event) – Capacity for Marketing Opportunity offerings is subject to change at the discretion of Event and government officials. If capacity is reduced after Event orders are submitted, at any date prior to the start date of the Marketing Opportunity, an 80% refund of Event order total will be provided.
C. Live Event Cancellation (Cancellation by Event) - If Bank of America cancels or does not conduct the Live Event for any reason other than a Force Majeure Event (as defined below) at any date prior to the Live Event, the option to receive a partial refund for the 2024 fee for any Live Event assets, including but not limited to the Live Expo or physical participant bag, or the opportunity to receive deferred participation to the 2024 Event and receive a discount on the 2024 fee will be provided.
I. If the Live Event is cancelled on or before June 30, 2024, an 80% refund of the 2024 fee for any Live Event assets or an 85% discount on
the fee for the deferred participation in the 2024 Event.
II. If the Live Event is cancelled between July 1 and September 30, 2024, a 5% refund of the 2024 fee for any Live Event assets or a 10% discount on the
fee for the deferred participation in the 2024 Event.
III. If the Live Event is cancelled on or after October 1, 2024, no refund will be available.
2. Subject to the foregoing, Bank of America will have no further liability to Signer.
A. Force Majeure Cancellation - Bank of America will not be liable to any Signer in any event for a Force Majeure Event. A “Force Majeure Event” includes any event or circumstance which is beyond the control and without the fault or negligence of Bank of America, including without limitation: (i) by reason of acts of God or natural calamities, (ii) disease, plague, famine, epidemic (including any persisting effects of the current COVID-19 pandemic), pandemic, WHO crisis, quarantine, or extraordinary public security or health measures (such widespread or potentially widespread disease), or environmental contaminations conditions, (iii) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), sabotage, acts or threats of terrorism, cyberterrorism, cyberattacks, computer viruses, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay, electromagnetic pulses, sonic attacks, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority or nationalization, (iv) government sanction, regulation or restriction or other acts or omissions of governmental authorities, (v) blockade, embargos or sanctions, (vi) fire or explosion, (vii) atmospheric disturbances, earthquakes, excessive rain, hail, sleet, snow, floods, tidal wave, hurricanes, tornados, cyclones, lightning, droughts, natural disasters or other extreme weather, (viii) interruption or failure of electricity or utilities or material disruptions in the supply chain, (ix) crisis in the U.S. financial markets; or (x) any other events or circumstances not within the reasonable control of the Party affected, whether similar or dissimilar to any of the foregoing. Bank of America will use commercially reasonable efforts to give prompt notice (orally or in writing) of the Force Majeure Event to Signer as soon as it is practicable to do so. Upon receipt of such notice, all obligations shall be suspended and performance times shall be considered extended for a period of time equivalent to the time lost because of such delay. In the event a Force Majeure Event creates circumstances in which suspension is impossible or impracticable, the rights and obligations of both parties hereunder shall cease, and each party shall bear its own costs, and there shall be no claim for damages by any party.
I. In the event a Force Majeure Event occurs prior to June 30, 2024, an 80% refund of Event order l will be provided.
3. Signer acknowledges that Bank of America is the owner of the trademark CHICAGO MARATHON for use in connection with arranging and conducting marathons, as well as for related goods and services. Although Signer may inform the public that they will be involved with the Bank of America Chicago Marathon in advertising, Signer shall not use the CHICAGO MARATHON name or mark in conjunction with the promotion or branding of any products or services without the prior express written permission of Bank of America.
4. Signer agrees that no refunds will be offered to any Signer who fails to occupy their space or submit their materials to be included in virtual or participant bags.
5. Signer agrees that Bank of America reserves the right to reject or restrict any Event order.
6. Signer agrees to carry workmen’s compensation, comprehensive general liability, including products and completed operations, independent contractors, personal injury and blanket contractual liability and any other insurance required to cover the indemnity requirements outlined in the Bank of America Chicago Marathon Certificate of Insurance Requirements. This must be evidenced by a Certificate of Insurance with a 30 day notice of cancellation provision to the holder and supplied to Bank of America at least 30 days prior to the Event date. Please review the Bank of America Limits and Liabilities located at: www.chicagomarathon.com/coi
7. Signer assumes entire responsibility and hereby agrees to protect, indemnify, defend and hold harmless Bank of America Chicago Marathon, Bank of America and its affiliates, Chicago Event Management, Inc. and its employees and agents harmless against all claims, losses, and damages to persons or property, governmental, charges or fines and attorney fees arising or caused by Signer’s installation, removal, maintenance, occupancy, or use of the Event
premises or part thereof. In addition, Signer acknowledges that Bank of America and Chicago Event Management, Inc. do not maintain insurance covering Signer’s property and that it is the sole responsibility of the Signer to obtain business interruption and damage insurance covering such losses by Signer.
8. Signer hereby grants Bank of America and/or its designees a perpetual and world wide right a) to see and publish, signer’s name, logo, trademark, trade dress, likeness, image and biographical information in connection with the Bank of America Chicago Marathon, and any result thereof, including in Event materials and b) to make or cause to be made photographs, recordings (audio and/or video, live and/or delayed), or any other reproduction of any Event elements involving signer for any archival, educational, promotional and other non-commercial purposes.
9. Bank of America reserves the right to reject or restrict any Event order which may be objectionable or not in keeping with the quality or character of the Bank of America Chicago Marathon.
10. Bank of America will assign placement at its discretion and reserves the right to change any placement prior to Event date. Nothing contained in this application, Bank of America’s acceptance thereof, or in any act or communication prior to Event date shall be construed as a guarantee of assignment to any placement.
11. Public Health Guidelines and Event Protocols - All of Signer’s employees or contractors, if any, will be under Signer’s direct supervision. Signer is required to comply with, and ensure that each of Signer’s employees or contractors comply with all terms and condition, and Event requirements as
set forth or communicated by Bank of America and any city, state and other public health guidelines and orders. Anyone who are sick should not attend the Event. This includes employees, contractors or representatives who:
• Have a suspected or diagnosed/confirmed infectious disease
• Are exhibiting symptoms of infectious disease, such as: cough, fever, chills, muscle pain, shortness of breath or difficulty breathing, sore throat, or new loss of taste or smell
• Have had exposure to a suspected or confirmed case of infectious disease within 10 days of arriving on site.


Abbott Health & Fitness Expo Terms and Conditions
Additional terms and conditions that apply to booth orders for the Abbott Health & Fitness Expo, Signer (hereinafter referred as “Exhibitor”) agrees to the following terms and conditions for their participations in the Abbott Health & Fitness Expo:

1. All Exhibitor’s displays must be fully set-up within identified hours. No cases or packing materials of any sort will be brought in or out of the exhibition hall during show hours.
2. To be open and staffed during all show hours.
3. Exhibitor will obtain any necessary government permits.
4. Booths must be immediately dismantled following the close of the exhibition.
5. All work in connection with the erection and dismantling will be performed by Union Personnel carrying the appropriate union card. This includes but is not limited to, carpenters, painters, electricians, plumbers and other skilled labor. Arrangements should be made in advance with the Convention and Exhibition Dept. of McCormick Place.
6. No combustible decoration such as crepe paper, cardboard or corrugated paper will be used at any time. All packing containers, excelsior and wrapping paper will to be removed from the floor. These materials must be flameproof and will not be stored under tables or behind tables. All muslin, velvet, silken or any other decoration
will stand a flameproof test as prescribed by the fire ordinance of the City of Chicago. All inflammable materials and fluids will be kept in safety containers. Open flames, butane gas, oxygen tanks, etc., will not permitted without the prior written approval of McCormick Place Convention Center and the City of Chicago Fire Prevention Bureau.
7. Nothing shall be posted, tacked, nailed, screwed or otherwise attached to columns, walls, floors or other parts of the building or furniture. Distribution of promotional gummed decals or labels is strictly prohibited. Anything in connection therewith necessary or proper for the protection or repair of the building, equipment or furniture will be at the Exhibitor's
expense.
8. All electrical wiring must conform to the City of Chicago Electrical Code.
9. Space assignments may be changed by Bank of America.
10. Displays will not visually or physically disturb aisles or adjacent exhibitors.
11. All Exhibitor’s products to be given away free at the Expo must be approved by Bank of America in advance.
12. No soliciting for business will be conducted outside Exhibitor’s assigned space.
13. Exhibitor assumes entire responsibility and hereby agrees to protect, indemnify, defend and hold harmless Bank of America Chicago Marathon, Bank of America and its affiliates, Chicago Event Management, Inc., The Metropolitan
Pier and Exposition Authority and its employees and agents, harmless against all claims, losses, and damages to persons or property, governmental, charges or fines and attorneys fees arising or caused by Exhibitor’s installation, removal, maintenance, occupancy, or use of the exhibition premises or part thereof. In addition, Exhibitor
acknowledges that Bank of America, Chicago Event Management, Inc. and The Metropolitan Pier and Exposition Authority do not maintain insurance covering Exhibitor’s property and that it is the sole responsibility of the Exhibitor to obtain business interruption and damage insurance covering such losses by Exhibitor.
14. Bank of America will hire security to secure materials kept in the exhibit hall during the times the show is not open to the public. Bank of America shall not be liable for the acts or omissions of security guards. Exhibitor assumes all responsibility for loss, theft, or destruction of goods, or for personal injuries to themselves, their employees, agents,
representatives or visitors, and will indemnify and hold harmless Bank of America Chicago Marathon, Bank of America and its affiliates, Chicago Event Management, Inc., its officers, agents, employees and affiliates, from any and all of the above (including reasonable attorneys fees).
15. Exhibitors will allow Bank of America to use photographs of all exhibits for its own purposes.
16. Exhibitor will not sublet Exhibitor’s assigned booth space and shall not exhibit or permit to be exhibited any merchandise other than specified in the application.
17. Only one Exhibitor may occupy the assigned booth space unless the prior written approval is of Bank of America is provided.
18. Bank of America reserves the right to reject or restrict any exhibit which may be objectionable or not in keeping with the quality or character of the Exposition.
19. Bank of America will assign booth space at its discretion and reserves the right to change any Exhibitor’s assigned booth space prior to set up. Nothing contained in this application, Bank of America’s acceptance thereof, or in any act or communication prior to set up shall be construed as a guarantee of assignment to any booth.