Updated May 1, 2023
Right of refusal: Precious Moments Foundation (“PMF”) has the right to refuse any request for exhibitor participation in its sole discretion and is not obligated to provide notice or reason of refusal.
On-Site Behavior Policy: All Exhibitor support staff on-site during the Event must be 14 years of age or older. Minors must be accompanied by an adult, 18 or older, at all times. Exhibitor and its support staff shall abide by the On-Site Behavior Policy of Precious Moments Foundation. A copy of the policy is located at www.PreciousMomentsChapel.org/legal_onsite-behavior. In the event of non-compliance by Exhibitor or its staff, PMF reserves the right to refuse entry to Exhibitor and/or its staff at any time.
Set-Up & Teardown: Exhibitor shall be permitted access to the Event location for the purposes of set-up and teardown of exhibit space during such times deemed appropriate by PMF, but no less than 30 minutes prior to event opening each day. PMF will provide logistical details, including freight entrance/exit locations on Tuesday, October 10, 2023. Exhibit space must be staffed and in event-ready condition no later than 11:30am Wednesday, October 11, 2023. All merchandise, packaging materials, trash, displays, and/or signage must be removed from the Exhibit space no later than 5:00pm Saturday, October 14, 2023. Exhibit space must be staffed at all times during designated Event hours.
Permissible Inventory: Exhibitor shall only advertise, market, or sell retired or suspended secondary market items with markings from 2017 or earlier under the Precious Moments brand. Items with markings from 2018 to 2023 are not permitted. All merchandise for sale must be tagged with a price sticker or label. PMF reserves the right to prohibit the sale of and/or require the removal of any item from Exhibitor’s display or inventory which does not conform to the above mandate. Exhibitor is not permitted to host, offer, moderate, arrange, or otherwise conduct any fundraiser, giveaway, raffle, contest, or sweepstakes on, in, near, Exhibit space, or in conjunction with Exhibitor’s Event participation without prior written approval of PMF.
Exhibit Space, Display/Decoration: Exhibitor must stay within its allotted space and ensure its set-up, teardown, storage, and operation does not infringe upon the space of any neighboring exhibit space or common area. Exhibit space must be constructed so as to not block exits or disrupt the flow of traffic. Excluding signs provided by PMF, Exhibitor is not permitted to use or display signs, advertisements, or other promotional material related to sale, discount, clearance, mark-down, liquidation, or other below-retail pricing terms on, in, or near Exhibit space. All merchandise, boxes and/or packaging materials must be stored off-site or under table(s) provided in the Exhibit space. Exhibitor is not permitted to use: (i) any table, shelf, or other displayer, other than as provided with its Exhibit space; (ii) any materials, displayers, or props which are flammable or perishable, or which may cause damage to the Exhibit space, tables, Event location, or the guests or staff of the Event; (iii) any materials, displayers, or props which make noise or play music, excluding musical items which are deemed Permissible Inventory.
Limited License for Promotional Use: Submission of, payment for, and PMF acceptance of an Exhibitor Order Form permits Exhibitor the limited, revocable, non-transferable right to use, for the purpose of promotion, advertisement and/or publicity of the Event, the marks, name, likeness, voice, photographs, symbol(s), trademark(s) of Precious Moments, Inc., excluding for the purposes of on-site promotion. PMF shall retain the right to use Exhibitor’s name, trademark(s), location/address, logo(s), and/or photograph(s) for the purpose of promotion, advertisement, and/or publicity of the Event without further compensation or royalty to Exhibitor. Exhibitor shall have no authority to review, approve, modify, or edit such advertising generated by PMF. Exhibitor is not permitted to advertise, market, solicit, or sell products or services on PMC or PMF property, outside of designated space. For the avoidance of doubt, “PMC or PMF property” shall include but not be limited to the offices, parking areas of Precious Moments Company, Inc. headquarters; and/or Chapel, Visitor Center, Gift Shoppe, or the publicly accessible interior or exterior areas including parking areas and walkways owned or operated by Precious Moments Foundation or Precious Moments Family of Companies, Inc., commonly known as 4321 Chapel Road, Carthage, MO 64836 or 4105 Chapel Road, Carthage, MO 64836.
Freight, Taxes, Incidentals: Exhibitor shall be responsible for all applicable freight charges, taxes, and other similar processing fees, plus travel, lodging, electricity, internet access, credit card billing fees, advertising/promotion, supplies/equipment, product, storage, and all other incidental fees and expenses associated with Exhibitor’s Event participation.
Cancellation by PMF: In the event PMF cancels the Event, for any purpose, PMF shall promptly notify Exhibitor and shall be entitled to a refund of its Exhibitor fees payable within ninety (90) days of notice of cancellation. PMF reserves the right to terminate this agreement with Exhibitor at any time, with immediate notice and effect, in the event Exhibitor or its staff: (i) fail to make payment in full of all Exhibitor fees on or before the due date prescribed; (ii) breach any provision of these Terms and Conditions or the On-Site Behavior Policy; or (iii) fail to provide PMF a copy of its Missouri sales tax license on or before the due date prescribed. Any termination of this agreement by PMF for Exhibitor’s breach shall not entitle to Exhibitor to a refund of any amount.
Cancellation by Exhibitor: In the event Exhibitor cancels its participation in the Event, for any purpose, Exhibitor shall promptly notify PMF by phone or in-person. If allotted Exhibit space is resold prior to the Event date, PMF shall refund Exhibitor’s fee, less a cancellation fee of $100.00.
Force Majeure: In the event of cancellations occurring as a result of changes by facility providers or as a result of weather-related conditions or acts of God, PMF reserves the right to cancel the Event and the above cancellation policy applies.
Missouri Sales Tax License: Exhibitor must present its 2023 Missouri sales tax license and Missouri tax identification number, or exemption certificate, to PMF by no later than 4:00pm October 10, 2023. Exhibitor should contact the Missouri Department of Revenue (www.dor.mo.gov) for a Missouri Special Events Application Form 2643S prior to submitting an Order Form. PMF will not refund Exhibitor fees in the event Exhibitor fails to obtain or provide its sales tax license.
Insurance: Exhibitor shall, for the duration of the Event including set-up and teardown, obtain and maintain, at its own expense, general liability insurance, a copy of which shall be provided to PMF upon reasonable advance notice.
Assignment: Exhibitor shall have no right to transfer, assign, sell, or sublease Exhibit space.
Limitation of Liability: Exhibitor and its staff release from liability, forever discharge, and agree to indemnify and hold harmless PMF, Precious Moments Family of Companies, Inc., the directors, employees, and owners of each and any volunteers acting as Event staff, from any and all liability claims, demands, or causes of action INCLUDING BUT NOT LIMITED TO, CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF THE NEGLIGENCE, (WHETHER SOLE, JOINT, OR CONCURRENT), STRICT LIABILITY, OR OTHER LEGAL FAULT OF PRECIOUS MOMENTS FOUNDATION, PRECIOUS MOMENTS FAMILY OF COMPANIES, INC., OR VOLUNTEERS, which are in any way connected to or arising from Exhibitor’s Event participation, including but not limited to, personal injury including death, costs, expenses, property loss, or damages, except injury or damages that may occur in whole or in part because of the sole negligence or willful and wanton misconduct of Precious Moments Foundation, Precious Moments Family of Companies, Inc. and the employees or volunteers of each. The maximum liability of Precious Moments Foundation, Precious Moments Family of Companies, Inc., and the employees and volunteers of each, to Exhibitor for any cause whatsoever shall be limited to direct damages only, not exceeding the amount paid by Exhibitor to Precious Moments Foundation for Exhibit space hereunder. Neither Precious Moments Foundation, Precious Moments Family of Companies, Inc., the employees and volunteers of each, or Event attendees are responsible for the safety or maintenance of the Event facility(ies) and/or Exhibit space.
Governing Law: These terms will be governed by and construed in accordance with the laws of the State of Missouri without giving effect to the principles of conflict of law and the courts within Missouri will be the only courts of competent jurisdiction. Exhibitor and its staff do hereby irrevocably submit to the personal jurisdiction of the Missouri courts and do hereby irrevocably agree to service of process by Missouri courts. Any and all suits shall be exclusively filed in the Circuit Court of Jasper County, Missouri or the United States District Court for the Western District of Missouri.
PRECIOUS MOMENTS FOUNDATION
Welcome to the Precious Moments Foundation, a 501(c)(3) nonprofit organization with an emphasis in the arts. We are dedicated to keeping the Precious Moments Chapel free of charge for all visitors to enjoy the art and inspiration of Precious Moments Founding Artist, Samuel J. Butcher.
© Precious Moments Foundation. All rights reserved worldwide. | PRECIOUS MOMENTS, PRECIOUS MOMENTS CHAPEL, PRECIOUS MOMENTS FOUNDATION, TEARDROP-SHAPED EYE DESIGN, and all related marks, characters, and logos are trademarks of Precious Moments, Inc. Used with permission.