Exhibit Booth Rules & Regulations – All exhibitors shall be required to make a legally binding
contract and agree to the following rules and regulations governing their use of exhibit space
at the convention. These rules shall be reviewed by NJEA counsel annually:
- AGREEMENT TO TERMS, CONDITIONS, AND RULES. Exhibitor agrees to
observe and comply with the Terms, Conditions, Rules, and Regulations set forth herein
and with such additional Terms, Conditions, Rules, Regulations and amendments thereto
made by NJEA from time to time for the operation of the Show, including but not limited
to the rules contained in the Exhibitors’ Manual (“Exhibitor Manual”). NJEA shall have
full, sole, and exclusive power to interpret all such Terms, Conditions, Rules, Regulations
and amendments thereto as it deems proper, and NJEA’s interpretation of them shall be
final and binding.
- CANCELLATION OF PARTICIPATION. Exhibitor may cancel either its participation
in the Show or a portion of its exhibit space only upon written notification to NJEA and
subject to the following schedule of liability.
(a) Notification received by NJEA on or before September 10, 2023
Exhibitor shall be liable for one half of the total exhibit fee;
(b) Notification received by NJEA after September 10, 2023
Exhibitor shall be liable for the total exhibit fee.
(c) All such sums that are retained or owing may be retained by NJEA, in its sole
discretion, as liquidated damages. In addition, NJEA shall have the right, at its
option, to pursue any other legal remedies available to it in the event that an
exhibitor defaults. Further, nothing herein shall limit NJEA’s right to pursue any
equitable remedies as it deems appropriate.
(d) If, because of fire, earthquakes, floods, hurricanes, weather conditions which
make travel inadvisable, explosions, labor disputes or strikes involving the
Exhibitor or its employees, which shall be deemed as automatically resulting
in failure of performance at NJEA’s option, strikes involving other persons or
entities, terrorism, war, acts of governmental authority, emergencies, significant
health restrictions, illness of the exhibitor which prevents performance, or
accidents, exhibit facility construction or renovation project, government
regulation, public catastrophe, bomb threats, Act of God or the public enemy or
other cause beyond the control of NJEA, the Show or any part thereof is prevented
from being held, is cancelled by NJEA, or the Exhibit Space becomes unavailable,
NJEA, in its sole discretion, shall determine and refund to the Exhibitor its
proportionate share of the balance of exhibit fees received by NJEA which remain
after deducting expenses incurred by NJEA in preparation for and in connection
with the Show as compensation to NJEA for the loss of any revenue, but no
amount of the refund to the exhibitor shall exceed the amount of the exhibit fee
pay by the exhibitor.
- INDEMNITY RELEASE. It is agreed that neither NJEA nor the nor any of their respective officers, agents, employees or representativ Ceso, nsvheanllt iboen lCiaebnlete ro,r
responsible to the exhibitor for any damage, loss, or other harm incurred or suffered at
the NJEA Convention, regardless of cause or of fault, and even if the exhibitor is negligent
or otherwise at fault NJEA, the Convention Center, and all of their respective officers,
agents, employees and representatives are hereby released by the exhibitor and by each
exhibitors’ respective officers, agents, employees, representatives and assigns from any
such claims are hereby waived by the exhibitor and by the exhibitor’s officers, agents,
employees, representatives and assigns from any such claims, and that any such claims
are hereby expressly waived by the exhibitor by provision shall apply regardless of fault or
negligence on the part of or by NJEA or the Convention Center, and on the part of or by
their respective officers, agents employees, and representatives. This provision shall apply
to all claims for damages, loss, or harm including, but not limited to, claims asserted in
legal actions or equitable actions, whether based on statute, contract, tort, common law,
copyright infringement, patent infringement, unauthorized trademark use or any other
cause or basis whatsoever.
The Exhibitor agrees to indemnify, hold harmless, defend and protect both NJEA
and the Convention Center, and their respective officers, agents, employees and other
representatives, for and from any and all claims, suits, liability, damages, loss, costs, attorney
fees, and expenses of any kind or nature resulting from or arising out of or relating to
the participation of the exhibitor and any of the exhibitor’s officers, agents, employees,
representatives or assigns at the NJEA Convention, including but not limited to all claims
for damages, loss, or harm asserted in legal actions or equitable actions, whether based on
statute, common law, copyright infringement, patent infringement, unauthorized trademark
use or any other cause or basis whatsoever. This provision shall apply even if NJEA or any of
its officers, employees, agents, representatives, affiliates or members are negligent or at fault.
- EXHIBIT CONSTRUCTION AND DESIGN SPECIFICATIONS. All exhibit
backgrounds must conform to the standard set by NJEA, which is as follows: No material
alongside rails may exceed 48″ in height; background must not exceed 8″ in height,
including the sign, and must not protrude from the back wall more than a maximum of
36″. If counter height is more than 48″ and display is more than 48″, you will be subject to
an 18″ recess. The NJEA Services Center will be exempt from this regulation. Exceptions to
the instructions of height, length, and depth requirements must receive prior approval from
NJEA. Request for such approval must be in writing and received by NJEA along with the
application for booth space. The request should state the aspects of the exhibit that violate
height, length, and depth restrictions. All exhibitors must adhere to rules of the Atlantic
City Convention Center: No balloons are permitted in the Center. See: https://
www.accenter.com/exhibit/a-z-guide
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property of the exhibitor, and as set forth in this contract, NJEA assumes no liability for loss
or damage thereto from any cause.
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must be open and staffed for business during exhibit hours, and no dismantling or packing
may be started before the official close of the Show.
- LICENSING AND PROVISION OF EXHIBIT SPACE. NJEA shall license the
exhibit space for the period of the Show only, provided that the Convention Center is made
available to NJEA. NJEA reserves the right to terminate its agreement with exhibitor, close
the exhibitor’s exhibit, and terminate the exhibitor’s participation at the convention in its sole
discretion for any reason whatsoever. In the event NJEA does so and the exhibitor refuses
to immediately remove its property, NJEA may remove the exhibitor’s property. In the event
of such termination, all other provisions of this agreement shall apply, including but not
limited to the waiver, release and hold harmless provisions, and NJEA’s sole obligation shall
be to refund the exhibitor’s deposit, provided such refund is due.
- EXHIBITOR AND NJEA RESPONSIBILITIES; SHOW DIRECTORY. Exhibitor
shall exhibit only its own products or services for which it is the duly authorized
representative and shall cause all such products/services exhibited by it to be listed in the
official Show Directory. In addition, principal(s) and/or employee(s) of the Exhibitor must
be present in the Exhibit Space at all times during the open hours of the Show. (Person
staffing booth must be 18 years of age, or over). NJEA shall (a) supply Exhibitor with
the Exhibitors’ Manual, (b) supply Exhibitor with a uniform name sign, (c) register and
give information to attendees and (d) publish, or cause to be published, an official Show
Directory. NJEA shall not be responsible for errors or omissions in the Show Directory.
- SPACE ASSIGNMENT AND ATTENDEES. Although NJEA will attempt to
accommodate Exhibitor requests for specific exhibit space, no guarantees can be made that
the Exhibitor will be assigned the specific exhibit space requested. Exhibitor acknowledges
that he/she is not contracting for specific exhibit space, but rather for the right to participate
as an Exhibitor at NJEA show. NJEA makes no representations or warranties with respect
to the demographic nature and/or number of exhibitors and/ or attendees. The method
of determining space assignment shall be established by NJEA and may be changed from
time to time without notice to exhibitors in order to accommodate what NJEA perceives as
the best interest of the Exhibition. No rights or privileges are created for any exhibitor as
a result of previous space assignments or years of participation in the Exhibition or other
exhibitions produced by NJEA.
- SALE OR TRANSFER OF EXHIBITOR’S BUSINESS. In the event of the sale
or transfer of a substantial portion of the assets of Exhibitor’s business or of the controlling
stock interest in Exhibitor’s business, or in the event of a substantial change in management
of the Exhibitor, NJEA may, at its option, terminate this Agreement. This rule does not limit
NJEA’s rights under any other provision of this agreement, including but not limited to the
waiver, release, hold harmless, and termination provisions.
- DISPLAYS AND DECORATIONS. Merchandise, signs, decorations, or display
fixtures shall not be pasted, taped, nailed or tacked to walls. No exhibit, merchandise,
equipment, trunks, cases or packing material shall be left in any aisle, but shall be confined
to the Exhibit Space. No trunks, cases or packing materials shall be brought into or out of
the Exhibit Space during exhibit hours. No signs, advertising devices or merchandise shall
be displayed outside the Exhibit Space or project above or beyond limits of Exhibit Space.
- UNION LABOR. Exhibitor must comply with all union regulations applicable to setup,
display and dismantling of its exhibit.
- FIRE RULES. Exhibitor shall not pack merchandise in paper, straw, excelsior or any
other flammable material. No cartons shall be stored in the Convention Center during
the Show. Exhibitor shall use no flammable decorations or covering of display fixtures,
and all fabrics or other material used for decorating or covering must be flameproofed by
a method and with a compound approved by the Fire Department. The Exhibitor must
file an affidavit with the Fire Department or have available for inspection on demand an
affidavit in accordance with those flameproofing requirements described in the Exhibitors’
Manual. Exhibitor must have permit from Fire Department for onsite cooking. No helium
is allowed in Convention Center. Also, all projection machines must be in accordance with
the requirements of the local Fire Department.
- OBSERVANCE OF LAWS AND RULES. Exhibitor must comply with all laws,
rules, regulations and ordinances of federal, state and local governmental authorities, and
all rules of the Convention Center.
- EXHIBITOR CONDUCT.
(a) In no case may an Exhibitor imply that NJEA endorses or has endorsed the
exhibitor’s products, services, or exhibition. Exhibitor and its representatives shall
not congregate or solicit trade in the aisles. Exhibitors are not permitted to solicit
or canvas other exhibitors for business opportunities in such a way that it would
impede their principal objective to connect with members of NJEA. The prior
written consent of NJEA is required for the employment or use of any live model,
demonstrator, solicitor or device for the mechanical reproduction of sound. Such
employment or use shall be confined to the Exhibit Space. Exhibits which include
the operation of musical instruments, radios, talking motion picture equipment,
public address systems, or any noise-making machines or instruments must be
conducted and arranged so that the noise resulting therefrom will not annoy or
disturb other exhibitors, persons viewing the same, or interfere with programming
sponsored by the NJEA. Operators of such exhibits must secure approval of
arrangements and operating methods before the exhibit opens. NJEA, in its
sole discretion, may withdraw its consent at any time, in which event Exhibitor
shall terminate such activity forthwith. Distribution of pamphlets, brochures or
any advertising matter must be confined to the Exhibit Space. Exhibitor shall
refrain from any action that will distract attendees from attendance at the Show
during open hours. Exhibitor shall not enter into another exhibitor’s space without
invitation or when unattended. Neither Exhibitor nor any of its representatives
shall conduct themselves in a manner offensive to standards of decency or good
taste. Each 10′ x 10′ exhibit space must be staffed at all times by a person 18
years of age or over, during the exhibit hours. Exhibitors are urged to send at least
two representatives, so that booth coverage is maintained at all times. All exhibits
must remain intact until 3:00 PM, Friday, the official closing hour. Failure to follow
this rule will jeopardize the exhibitor’s participation in future NJEA Conventions.
(b) All Exhibitors must comply with the representations on their application, and
failure to do so constitutes grounds for immediate termination for cause and
expulsion from the convention floor at NJEA’s sole discretion. In addition, any
failure to do so may result in the Exhibitor being barred from future NJEA
conventions in the sole discretion of NJEA. Further, the Exhibitor will be
responsible for all harm and damage caused to NJEA as well as to any affected
members by any Exhibitor to comply with the representations on their application,
without limitation due to the above conditions.
(c) No person under eighteen (18) years of age shall be permitted on the convention
floor to work with, work for, or to assist any exhibitor in relation to any exhibitor’s
booths or activities at the convention. In addition, no exhibitor, while working
in, at, or near his or her exhibit on the convention floor, shall permit any person
under eighteen (18) years of age in relation to whom the exhibitor has parental,
supervisory or other authority over to be present on the convention floor.
- EXHIBITOR GIVEAWAYS. Any exhibitors who offer giveaways from their booth or
in any other approved location at the convention are required to make sure item(s) do not
exceed the length or width of the official convention bag. The bag size is 22” x 14”. Also
the giveaway must not have any sharp edges. These requirements are established with the
safety of all attendees in mind. In addition, any items such as the giveaway may not have
any sharp or dangerous edges.
- DIRECT SALES. Any exhibitor who intends to sell over-the-counter occasionally or
otherwise will be assigned to Curriculum Sales or Marketplace area designated by NJEA.
Exhibitors in all other areas will not be permitted to do any type of selling over- the-counter
until Friday, 1:00 PM to 3:00 PM. Collection of NJ sales tax will be the responsibility of
the exhibitor.
- PHOTOGRAPHS. Other than photographs of Exhibitor’s own exhibit space, no
photographs of exhibit spaces or merchandise shall be taken without prior written consent
of NJEA or the exhibitor involved.
- USE AND ASSIGNMENT OF EXHIBIT SPACE. All demonstrations or other sales
activities must be confined to the limits of the exhibit booth. Exhibitor mascots must confine
themselves to the booth(s) they represent. This does not apply to the official NJEA mascots.
No exhibitor shall assign, sublet, or share the space allotted without the knowledge and
consent of the New Jersey Education Association. Exhibitor shall not assign or sublicense
to a third party its rights hereunder to the Exhibit Space, or any portion thereof, without
written consent of NJEA which NJEA may withhold in its sole discretion. If such consent
is given, the Exhibitor shall assume full responsibility for the conduct of the assignee or
sublicensee and all its representatives.
The provisions of this paragraph shall not in any manner waive, limit or restrict the
rights of NJEA, in its full and sole discretion, to interpret its rules in a final and binding
manner as per Rule Number 1 herein. Nor shall this paragraph limit or restrict NJEA’s right,
in its sole discretion, to terminate the participation of any exhibitor at the convention as
provided by Rules Numbers 1 and 5 herein.
- CLOSING OF EXHIBIT.
(a) If Exhibitor or one of its subsidiaries or affiliates is on strike, resulting in picketing or
similar type of demonstration in or near the Convention Center, NJEA reserves the right to
terminate this Agreement forthwith, close the exhibit and remove the Exhibitor’s property
from the Exhibit Space;
(b) NJEA shall be entitled to terminate this Agreement forthwith, close the exhibit
and remove the Exhibitor’s property from the Exhibit Space at any time for failure by
Exhibitor or its duly authorized assignee or any of its officers, agents, employees, or other
representatives or assigns to perform, meet or observe any Term, Condition, or Rule set forth
herein, and such Exhibitor shall not be entitled to a refund of any payment.
- FUTURE SHOWS. It is understood and agreed that the exhibitor’s participation at the
2023 NJEA Convention does not create any legal, equitable, contractual or other right for
the exhibitor to participate in any future NJEA conventions or activities.
- AMERICANS WITH DISABILITIES ACT. Convention Center shall be responsible
for all accessibility requirements and labor accommodation requirements under the federal
Americans with Disabilities Act (“ADA”). NJEA shall be responsible for those readily
achievable, non-permanent accessibility requirements of the ADA which are applicable to
NJEA if not otherwise provided by the Convention Center. The Exhibitor agrees that it will
comply with any provisions of the ADA which are applicable to the Exhibitor.
- ARBITRATION. This Contract shall be governed by and interpreted in accordance
with the laws of the State of New Jersey. All disputes, claims for damages, and claims for
any other relief arising out of, relating to, or resulting from the performance of this contract
or from any breaches or alleged breaches of this contract by NJEA, or by Exhibitor shall be
determined by binding arbitration, with any such arbitration to be administered under the
Procedures and Rules of the American Arbitration Association. The arbitration shall take
place in Mercer County New Jersey, and shall be governed by the laws of the State of New
Jersey. The costs of the arbitration shall be shared equally by the parties. Following the
arbitration award, either or any party may move to confirm, challenge, vacate, or modify the
arbitration award in any court with jurisdiction in the State of New Jersey. In any arbitration
or court proceeding, the prevailing party shall be entitled to recover reasonable attorney’s
fees and costs, provided that the party ultimately prevails on the merits of the dispute.
- JURISDICTION. Jurisdiction over any disputes which are not subject to the
arbitration provision shall exclusively be in the courts located within Mercer County New
Jersey, provided that the intent of this provision is that all claims, controversies and disputes
shall be resolved through binding arbitration pursuant to paragraph 23 above.
- MANAGEMENT’S LICENSE AGREEMENT WITH CONVENTION CENTER.
This Agreement is subject and subordinate in all respects to the License of Management,
with the Convention Center and the rights of the Owner and/or Licensor thereunder, or any
assignee thereof. The Exhibitor agrees to release and indemnify NJEA against any liability
under the terms of said License arising from, created or caused by any act or default of the
Exhibitor hereunder.
- GOVERNING LAW; AMENDMENTS. This Agreement, having been executed in
the State of New Jersey, shall be governed by and construed made enforced in accordance
with the laws of the State of New Jersey as if it is an agreement made and to be performed
entirely within such State. This Agreement may not be amended or modified except by a
written communication by NJEA.
