Exhibitor and Sponsor Terms and Conditions of Attendance and Participation
These are the terms (the “Agreement”) that govern your attendance at or participation in the B2B Expo NM event (referred to herein as the “Expo” or the “Event”). By registering for the Event you are agreeing to these terms, which form a legally binding contract between EXHIB-IT! (“Event Host & Sponsor”) and the registered exhibitor, sponsor, or participant (“Exhibitor/Sponsor” or “you”). If you are registering on behalf of another party, it is your responsibility to ensure that such party is aware of these terms and accepts them; by completing the registration you are warranting that you have made the party aware of these terms and that they have accepted these terms.

1. Exhibitor/Sponsor Cancellation Policy

IF AN EXHIBITOR OR SPONSOR CANCELS AT ANY TIME, FOR ANY REASON, THE EXHIBITOR OR SPONSOR WILL BE RESPONSIBLE FOR THE ENTIRE EXHIBITOR OR SPONSORSHIP PACKAGE FEE. HOWEVER, SHOULD THE EXHIBITOR OR SPONSOR SECURE A REPLACEMENT COMPANY FOR THEIR EXHIBITOR OR SPONSORSHIP PACKAGE, EXHIB-IT! WILL ISSUE AN 80% REFUND TO THE ORIGINAL FORM OF PAYMENT AFTER THE REPLACEMENT COMPANY HAS REGISTERED AND PAID IN FULL FOR THE EXHIBITOR OR SPONSORSHIP PACKAGE. PLEASE CONTACT US TO MAKE THESE ARRANGEMENTS. EXHIB-IT! IS NOT OBLIGATED IN ANY WAY TO PROVIDE ASSISTANCE WITH SECURING REPLACEMENTS FOR EXHIBITORS OR SPONSORS WISHING TO CANCEL THEIR EXHIBITOR OR SPONSORSHIP PACKAGES.

2. Payment Terms

Payments for all Exhibitors/Sponsorships are due within ten (15) business days of registration. If such payments are not received within 15 business days, your registration is subject to automatic cancellation. Please note, if your registration is canceled due to non-payment, you may be prohibited from booking Exhibitors/Sponsorships in the future, at EXHIB-IT’s sole discretion.

3. Exhibitor/Sponsor Requirements; Prohibited Conduct

3.1 Unethical or Non-Compliant Marketing. EXHIB-IT! reserves the right to deny admission to anyone who, in EXHIB-IT!’s sole discretion, engages in or is reputed to engage in unethical or non-compliant marketing practices.

3.2 No Suitcasing Policy. “Suitcasing” refers to the practice of attending a trade show but “working the aisles” from a suitcase or briefcase, soliciting business from other attendees and exhibitors. This does not mean you cannot network and build relationships, but for the good of the expo and the Exhibitors/Sponsors supporting the expo, the only legitimate place to sell merchandise or services during expo hours is within a contracted exhibit space on the show floor. Exhibitors/Sponsors are encouraged to protect their investment and report any violations to EXHIB-IT! management. Attendees observed soliciting business in the aisles or other public spaces, or in another company’s booth, will be ejected from the Event and may be banned from future events, in EXHIB-IT!’s sole discretion.

3.3 Exhibitor Marketing Materials. Unless prior arrangements are agreed in writing, any marketing materials (including, without limitation, bag inserts, signage, or other promotional items) left at an EXHIB-IT! Event by Exhibitor/Sponsor following the end of such Event shall become the property of EXHIB-IT!, with or without notification to Exhibitor/Sponsor; for clarity, EXHIB-IT! will have sole discretion regarding use or disposition of any marketing materials left by Exhibitor/Sponsor following the end of an EXHIB-IT! Event.

3.4 Booth Furnishings and Display Guidelines. Each enclosed booth space will be set with:

• One table
• Two chairs
• 8″ H x 40″ W exhibitor ID sign
• Electrical outlet

All signage, display materials, and furnishings must be contained within your meeting or booth space.

Display Area Height: All booth displays and associated marketing collateral must not exceed a height of 8′ unless request sent in writing and approved by EXHIB-IT! for special circumstance and request does not obstruct or infringe on the neighboring exhibitor.

Exhibition Area Code and Sound Levels: Materials must not be hung from any walls, drapery, scaffolding, or aerial fixtures whatsoever and must not block aisles, fire exits, or extinguishers. All exhibition materials and electrical wiring must comply with the fire code. Exposed areas of booth displays must be finished and present an attractive appearance when viewed from aisles or adjoining booths. Any portion of the booth display that shares a common border with another exhibitor must not contain marketing collateral of any kind that would detract from the adjoining exhibitor. Exhibition space sound level must not exceed customary decibels so as not to disturb other exhibitors. Placement of signage or distribution of advertisements and/or promotional material of any kind may be made only within the booth assigned to the exhibitor presenting such material. A firm or organization not assigned exhibit space will not be permitted to solicit business within the exhibit area or in any other conference areas. Failure to abide by these conditions, as determined in EXHIB-IT!’s sole discretion, may result in the closing of an exhibit or the restriction or eviction of persons involved, without compensation to the Exhibitor/Sponsor, and the Exhibitor/Sponsor may forfeit the right to attend future EXHIB-IT! Events.

Aisle Traffic Flow: The distribution of marketing collateral is restricted to your exhibition space. Obstruction of aisles so as to prevent and or impede traffic flow is prohibited. Any activity that results in a traffic flow impediment or creates a hazardous condition will not be tolerated. Failure to comply with this requirement may result in removal from the Facility.

Outside Food and Beverage Policy: The hotel/venue requires that ALL food and beverage distributed by attendees, Exhibitors, or Sponsors be purchased from the hotel/venue directly unless you are one of the Contributing Food Sponsors pre-approved with signed Sponsor Agreement. There is also food provided by Isleta Resort & Casino that has been pre-purchased by EXHIB-IT! for this four-hour expo event. There are no exceptions for Exhibitors to provide food to hand out to attendees at this event unless you are one of the Food Contributing Sponsors. EXHIB-IT! will not be liable for any damages to anyone who violates any hotel policy. All food and beverage, including service equipment, must be contained within your contracted exhibit space. No additional space will be allocated to accommodate the service of food and beverage.

Installation Deadline: Your exhibition space must be occupied by the end of the designated Exhibitor Setup time as indicated in your EXHIB-IT! B2B Expo Event Exhibitor Guideline Information Page. If you do not advise EXHIB-IT! show management of any delays, the exhibition space will be regarded as abandoned and may be reassigned at EXHIB-IT!’s sole discretion.

3.5 Insurance. The Exhibitor/Sponsor understands and agrees that neither EXHIB-IT! nor the entity physically hosting the Event (the “Facility”) maintains insurance covering the Exhibitor’s/Sponsor’s liability or property. The Exhibitor/Sponsor is required to carry worker’s compensation, commercial general liability (including products and completed operations, independent contractors, personal injury, and blanket contractual liability insurance) at limits of at least $1,000,000 (USD) per, $1,000,000 (USD) aggregate.

3.6 Eviction. Failure of the Exhibitor/Sponsor to follow these requirements may result in the eviction of the Exhibitor/Sponsor without refund, at EXHIB-IT!’s sole discretion. Additionally, EXHIB-IT! may prohibit the attendee and Exhibitor/Sponsor from attending future EXHIB-IT! events. If an Exhibitor/Sponsor is evicted from the Event due to violating this Section 3, the Exhibitor/Sponsor must immediately dismantle all exhibit materials and leave the Event area.

3.7 Exhibit Hours. Show management shall determine and publicize the exhibit hours during which the building will be open to the industry during the Event. See Exhibitor setup timelines in your Invoice for compliance with all exhibit spaces MUST be setup within 3 Hours Prior to event start time at 4 PM. Exhibits cannot be dismantled until the event is over at 8:00 PM. and must be out of the Facility by 9:30 PM after the event is over at 8 PM. Management reserves the right to restrict exhibitor’s participation in future shows if this policy is violated.

3.8 Merchandise Removal. No merchandise may be removed from the Facility until 8:00 PM when the Expo Event ends without a Removal Order signed by the Show Management. No exhibits or parts of an exhibit may be removed until after the closing time of the Event. At this time, all exhibitors should remove all valuable items from their displays.

3.9 Rules for Exhibits.

a. DELIVERY – The earliest date exhibit material can be allowed at the Facility is Monday, October 19, 2020, between 3 PM and 6 PM or Tuesday, October 20, 2020, between 9 AM and 1 PM Only FOR Exhibitor Set up Hours. All Exhibitor Merchandise must be hand-carried into the Event Exhibitor Space for set up.

b. DISPLAYS – No signs, partitions, apparatus, shelving, etc., may extend more than 8 feet above the floor along the rear of an exhibit (unless pre-approved by Show Management). Exhibitors will not be permitted to erect signs or display products obstructing the view or disadvantageously affecting the display of other exhibitors.

c. LIABILITY – The Exhibitor is entirely responsible for the leased space and shall not injure, mar or deface the premises. The Exhibitor shall not drive, nor permit to be driven, any pins, nails, hooks, tacks, or screws in any part of the Facility. Furthermore, the Exhibitor shall not affix to the walls or windows of the Facility any advertisements, signs, etc., or use tape or any other adhesive-type material on painted surfaces. The Exhibitor agrees to reimburse EXHIB-IT! show management and/or the Facility for any loss or damage occurring to the premises or equipment.

d. AISLES – The aisles, passageways, and overhead spaces remain under the control of EXHIB-IT! show management, and no signs, decorations, banners, advertising matter or exhibits will be permitted in those areas except by written permission of the EXHIB-IT! show management. All Exhibitors and personnel must remain within the confines of their own spaces.

e. SPACE – The space contracted for is to be used solely by the Exhibitor whose name appears on the Contract, and no portion can be sublet or assigned without receiving written permission from EXHIB-IT! show management. The Exhibitor shall forfeit right to space and all prepaid rentals and, upon demand, pay any rent balance owing to EXHIB-IT! show management for failure to occupy or use the space or for failure to have the exhibit completed and in place by the opening of the Event. EXHIB-IT! show management reserves the right to relocate the exhibitor.

f. RESTRICTIONS – EXHIB-IT! show management reserves the right to restrict or remove exhibits, without refund, that have been falsely entered or are deemed by show management as unsuitable or objectionable. This restriction applies to, but is not limited to, noise, P.A. systems, persons, animals, birds, things, conduct, printed matter, or anything of a character that might be objectionable to the Event or EXHIB-IT! show management.

4. Limitation of Liability; Disclaimer of Damages

4.1 EXHIB-IT! and the Facility assume no liability for any loss, damage, or injury to any property of the Exhibitor or to any of its officers, agents, employees, or contractors, whether attributable to accident, fire, water, theft, or any other cause whatsoever.

4.2 EXHIB-IT! gives no warranties in respect of any aspect of the Event or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an “as-is” basis. Neither EXHIB-IT! nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of the Event or any information provided at the Event.

4.3 Except as required by law, neither EXHIB-IT! nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages, or losses arising directly or indirectly from the Event, or any other aspect related thereto or in connection with this Agreement.

4.4 The maximum aggregate liability of EXHIB-IT! for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to EXHIB-IT! under this Agreement to be an Exhibitor/Sponsor for the Event.

5. Indemnification

5.1 Exhibitor/Sponsor agrees to indemnify, defend and hold harmless Facility and EXHIB-IT!, its affiliates, and their respective employees, directors, officers, and agents, from any and all liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) due to, arising from, or in connection with any third-party claim, suit, judgment or proceeding (a “Claim”) alleging: (i) any breach by Exhibitor/Sponsor of this Agreement; (ii) any wrongful conduct committed by Exhibitor/Sponsor pursuant to or in performance of this Agreement; or (iii) that any Exhibitor/Sponsor content or practice violates the intellectual property or proprietary rights of a third party, are defamatory or obscene or violate any law or other judicial or administrative regulation.

5.2 Exhibitor/Sponsor will not enter into any settlement that adversely affects EXHIB-IT!’s rights or interests without the prior written consent of EXHIB-IT! show management.

5.3 For clarity, Exhibitor/Sponsor is liable for any damage caused to Facility floors, walls, or columns, or to standard booth equipment, or to other Exhibitors’ property. Exhibitor/Sponsor assumes the entire responsibility and liability for losses, damages, and claims arising out of injury, or damages to displays, equipment, and other property brought into the Facility, and shall indemnify, defend, and hold harmless the Facility, its owners, affiliated companies, agents, servants and employees under this Section 5 of this Agreement.

6. Subleasing

Exhibitors may not sublease their space and must be exhibiting property for products or services related to the Exhibitor’s Name on back sign ONLY. Sublease in this use includes renting, sharing, donating, or in any way allowing another company or person to display or advertise in an Exhibitor’s space.

7. Miscellaneous

EXHIB-IT!’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

EXHIB-IT! shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond EXHIB-IT! show management’s reasonable control.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable or sub-licensable by you without the prior written consent of EXHIB-IT! show management.

This Agreement shall be governed by the laws of the State of New Mexico, and the parties shall submit to the exclusive jurisdiction of the New Mexico courts.

A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs.

The parties further agree that, to the extent permitted by law, valid service of process in any such action or proceeding may be achieved as follows: a) delivered by hand; b) sent by fax/telecopier (with receipt confirmed), provided that a copy is mailed the same day by Registered or Certified Mail, return receipt requested; or c) when received by the addressee if sent by Express Mail, Federal Express or other express delivery services.

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement and that all modifications must be in a writing, signed by both parties, except as otherwise provided herein.

No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you acknowledge that you do not have any authority of any kind to legally bind EXHIB-IT! in any respect whatsoever.

**Please note, some of the following rules do not apply to our top show sponsors (i.e., Diamond, Platinum, Gold, and Contributing). Check with your EXHIB-IT! Event contact for details if you have questions.

UPDATED: October 2020