The Mr. America
Applications will be reviewed in the order they are received.
All decisions by Mr. America management are final. Booth spaces will be assigned at least two weeks prior to the opening day of the event.
Exhibit Space Terms and Conditions and Disclaimers
1. Defined Terms
The term “Event” means THE MR AMERICA, currently scheduled to be Oct 11-13, 2024. (“Event Dates”) at the Tropicana Atlantic City (“Exhibit Facility”). The Event is owned, produced, and managed by THE MR AMERICA LLC. As used hereinafter, the term “Organizer” means, collectively, THE MR AMERICA, and each of its/their respective officers, directors, agents, affiliates, representatives, employees, and assigns, unless the context requires otherwise. The term “Exhibitor” means, collectively (I) the company, any other business entity, or person that applied for exhibit space rental and agreed to enter into this contract upon acceptance by THE MR AMERICA in the manner stated below and (ii) each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees, as applicable.
2. Contract Acceptance
This contract shall become binding and effective only when it has been agreed to during the checkout process by checking the “I acknowledge that I have read and agree with the Mr. America LLC terms and conditions, privacy policy, and any event specific disclaimers.” checkbox.
3. Assumption of Risks; Releases
Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage, sickness, or injury to the person (including death), property, business or profits of Exhibitor or Exhibitor employees, contractors, representatives, patrons, guests or invitees (collectively, the “Exhibitor Parties”), whether caused by negligence, intentional act, accident, pandemic, act of God or otherwise. Exhibitors have sole responsibility for their property or any theft, damage or other loss to such property and the Exhibitor Parties’ property (whether stored in any courtesy storage area), including without limitation any subrogation claims by its insurer. Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property and the Exhibitor Parties’ property delivered by or to Exhibitor. Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby fully and forever release and discharge the Organizer and the Exhibit Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives and attorneys, and predecessors, assignees and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys’ fees, losses, expenses and liabilities whatsoever, in law, equity or otherwise (collectively “Claims”) which either may now have or have had or which may hereafter accrue, individually, collectively or otherwise in connection with, relating to or arising out of Exhibitor’s participation and/or presence in the Event and/or damage to property belonging to the Exhibitor or to the Exhibitor Parties. Exhibitors acknowledge that there is a possibility that subsequent to the execution of this contract, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this contract was executed, and which if known by it at that time may have materially affected its decision to execute this contract. The exhibitor acknowledges and agrees that by reason of this contract, and the releases contained in this Section 3, it is assuming any risk of such unknown facts and such unknown and unsuspected claims.
4. Indemnification
Exhibitor shall on a current basis, indemnify the Exhibitor (with legal counsel satisfactory to THE MR AMERICA in its sole discretion) and hold Organizer and the Exhibit Facility harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees and expenses, which result from or arise out of or in connection with (a) Exhibitors’ participation or presence at the Event; (b) any breach by Exhibitor of any agreements, covenants, promises or other obligations under this contract; (c) any matter for which Exhibitor is otherwise responsible under the terms of this contract; (d) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (e) any libel, slander, defamation or similar claims resulting from the actions of Exhibitor; (f) harm or injury (including death) to Exhibitor; and (g) loss or damage to property or the business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise, and (h) damage or loss of any property belonging to Exhibitor or the Exhibitor Parties.. Exhibitor shall not settle or compromise any claims against Organizer without Organizer’s prior written consent.
5. Limitation of Liability
Under no circumstances shall the Organizer or the Exhibit Facility be liable for any lost profits or any incidental, special, indirect, punitive, or consequential damages whatsoever for any of the acts or omissions whether or not apprised of the possibility of any such lost profits or damages. In no event shall Organizers maximum liability under any circumstance exceed the amount actually paid to THE MR AMERICA by Exhibitor for exhibit space rental pursuant to this contract. Organizer makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or regarding any other matters.
6. Qualifications of Exhibitor
THE MR AMERICA, in its sole discretion, shall have the right to determine whether a prospective exhibitor is eligible to participate in the Event. Applicants who have not previously exhibited at a prior event held by an Organizer similar to that of the Event may be required to submit a description of the nature of their business and the items intended to be exhibited. THE MR AMERICA reserves the right to restrict or remove any exhibit which THE MR AMERICA, in its sole discretion, believes is objectionable or inappropriate. Sharing or subletting space is expressly forbidden without written permission of THE MR AMERICA.
7. Assignment of Space
THE MR AMERICA shall assign exhibit space in its sole discretion for the Event and for the Event Dates only. Any such assignment does not imply that similar space will be assigned for future events held by the Organizer. THE MR AMERICA reserves the right to change the floor plan or to move an Exhibitor to another booth location prior to or during the Event if THE MR AMERICA in its sole discretion determines that to do so is in the best interest of the Event.
8. Tiered Cancellation Policy
Cancellation: Partial cancellation of booth space is not permitted; any partial cancellation must have the prior written consent of THE MR AMERICA, which consent shall be in THE MR AMERICA’s absolute discretion.
Purchases may be cancelled and will be refunded based on the schedule below:
Space is not transferable, and subletting is expressly forbidden.
9. Cancellation of the Event
If THE MR AMERICA cancels the Event due to circumstances beyond the reasonable control of THE MR AMERICA (such as acts of God, acts of war, governmental emergency, labor strike, pandemic, or unavailability of the Exhibit Facility) and THE MR AMERICA does not reschedule the event, then THE MR AMERICA shall refund to each Exhibitor its exhibit space rental payment previously paid. THE MR AMERICA reserves the right to cancel, rename or relocate the Event or change the dates on which it is held. If THE MR AMERICA changes the name of the Event, relocates the Event to another event facility within the same city or changes the dates for the Event, no refund will be due to Exhibitor; provided however, THE MR AMERICA shall assign use of such space to Exhibitor pursuant to the terms of this contract. If THE MR AMERICA elects to cancel the Event other than for reasons previously described in this paragraph, THE MR AMERICA shall refund to each Exhibitor its entire exhibit space rental payment previously paid, in full satisfaction of any and all liabilities on the part of the Organizer to Exhibitor.
10. Exhibit Space Occupancy
Hours and dates for installing, occupying, and dismantling exhibits shall be those expressly specified by THE MR AMERICA. If Exhibitor fails to install its display in its assigned space by one hour before the show opens or leaves its space unattended during the Exhibit hours, THE MR AMERICA shall have the right to take possession of the space and no refund will be due to the Exhibitor. All exhibits must be open for business during the Event hours each day of the Event. Exhibitors may not dismantle their display until THE MR AMERICA officially closes the Event on the last day of the Event.
11. Listings and Promotional Materials
By Exhibitor’s participation in the Event, Exhibitor expressly grants to THE MR AMERICA a fully paid, perpetual non-exclusive license to use, display and reproduce the name, trade names and product names of Exhibitor in any directory (print, electronic or other media) listing the exhibiting companies at the Event and to use such names in THE MR AMERICA promotional materials. THE MR AMERICA shall not be liable for any errors in any listing or descriptions or for omitting any Exhibitor from the directory or other lists or materials. Exhibitor agrees that THE MR AMERICA may also take photographs of Exhibitor’s booth space, exhibit, and personnel during, before or after the open hours of the Event and use such photographs for any THE MR AMERICA promotional purposes.
12. Care of Exhibit Facility
Exhibitor shall promptly pay for any and all damages to the Exhibit Facility or associated facilities, booth equipment or the property of others caused by Exhibitor.
13. Taxes and Licenses
Exhibitor and THE MR AMERICA shall each obtain any licenses, permits or approvals under federal, state, or local law applicable to its activities at the Event at its sole expense. Exhibitor shall obtain any necessary tax identification numbers and permits and for paying all taxes, license fees, use fees, or other fees, charges, levies, or penalties that become due to any governmental authority in connection with its activities at the Event.
14. Observance of Laws
Exhibitor and THE MR AMERICA shall each abide by and observe all federal, state, and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Exhibit Facility (including without limitation any union labor work rules). Without limiting the generality of the foregoing, Exhibitor shall construct its exhibits to comply with the Americans with Disabilities Act.
15. Additional Terms and Conditions
THE MR AMERICA has sole control over attendance policies. Except as provided to the contrary in this agreement, all monies paid by Exhibitor shall be deemed fully earned and non-refundable at the time of payment. Exhibitor shall conduct itself at all times in accordance with normal standards of decorum and good taste. In addition to its right to close an exhibit and withdraw acceptance of the agreement, THE MR AMERICA in its sole judgment may refuse to consider for participation in future events held by Organizer an Exhibitor who violates or fails to abide by the agreement and any of the accompanying rules and regulations. Any amendment or modification to this agreement must be in writing and signed by an authorized representative of both Exhibitor and THE MR AMERICA. Exhibitor may not assign this agreement or any right hereunder nor may Exhibitor sublet or license all or any portion of its exhibit space without the prior written consent of THE MR AMERICA, which consent shall be in THE MR AMERICA’s sole discretion. THE MR AMERICA acknowledges and agrees that SIE is a third-party beneficiary of this Agreement, and as such is entitled to receive all benefits and exercise all rights contained herein.
16. Exhibitor Information
Approximately one month from the Event, THE MR AMERICA will send Exhibitor Information to the Primary Contact listed on the agreement. This will include information integral to participation at the Event, including, but not limited to, additional exhibitor rules and regulations, official agreement or order forms, registration, shipping and drayage, utilities and building services, exhibitor display rules, and load-in, load-out schedules.
17. Incorporation of Rules and Regulations
Any and all matters pertaining to the Event and not specifically covered by the terms and conditions of this agreement shall be subject to determination by THE MR AMERICA in its sole discretion. THE MR AMERICA may adopt rules or regulations from time to time governing such matters and may amend or revoke them at any time upon reasonable written notice to Exhibitor. Any such rules and regulations (whether included in an Exhibitor Service Manuals or similar document) are an integral part of this agreement and are incorporated herein by reference and shall have the full force and effect as if such rules and regulations are fully set forth herein. Exhibitor shall observe and abide by additional regulations made by THE MR AMERICA as soon as these additional rules or regulations are communicated to Exhibitor. This agreement (including the Exhibitor Service Manuals and any additional rules or regulations adopted by THE MR AMERICA from time to time) states the entire agreement of the parties with respect to the subject matter hereof.
18. Governing Law
This agreement is governed by the laws of the State of New Jersey as applied to agreements entered into and entirely performed within such state. Exhibitor agrees that the courts located in the State of New Jersey shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with, or related to this agreement or the breach of any provision of this agreement. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue property lies in ATLANTIC CITY, NEW JERSEY.
19. Character of Displays: Use of Aisles and Common Areas
Distribution of samples and printed matter of any kind and any promotional material is restricted to the exhibit booth. All exhibits shall display products or services in a tasteful manner as determined in THE MR AMERICA’s sole discretion. The aisles, passageways and overhead spaces remain strictly under control of THE MR AMERICA and no signs, decorations, banners, advertising material or special exhibits will be permitted in any of these spaces except by written permission of THE MR AMERICA. Uniformed attendants, models and other employees must remain within the booths occupied by their employers. Any and all advertising distribution must be made by Exhibitor and only from within his or her booth. Strolling entertainment or moving advertisements outside of an Exhibitor’s exhibit space is prohibited.
20. Sound Advertisements
The use of devices for mechanical reproduction of sound or music is permitted but must be controlled. Sound of any kind must not be projected outside of the exhibit booth. Exhibitors are specifically prohibited from employing any carnival-type attraction, animal or human, or from operating such noise-creating devices as bells, horns, or megaphones. THE MR AMERICA reserves the right to determine sound interference with others and Exhibitor shall comply with any request by THE MR AMERICA to discontinue any such sound or music.
21. Fire and Safety Laws
Federal, State and city laws must be strictly observed. Exhibitor shall be responsible for compliance with all applicable laws within Exhibitor’s own space. Additional information regarding fire and safety regulations will be found in the Exhibitor Information.
22. Enforcement
In the event of legal action between the parties, the prevailing party in such action shall be entitled to reimbursement of court costs and reasonable legal fees.
23. Terms and Conditions Updates
THE MR AMERICA will be providing to Exhibitor additional materials which will specify additional terms and conditions for your participation and/or presence at the Event. Such additional terms and conditions (including without limitation those specified in the document entitled “General Terms and Conditions”) are hereby fully incorporated herein by reference and shall have the full force and effect as if such terms and conditions are fully and expressly set forth herein. You hereby agree that all information containing terms and conditions provided to you by THE MR AMERICA shall be deemed fully read and understood by you and that you shall be bound by all the terms and conditions contained herein and therein.
24. Dispute Resolution
The parties agree to use reasonable good faith efforts to settle any and all disputes, which may occur between them. The parties agree that disputes will be resolved as follows: (1)either party may send written notice to the other party of a dispute, (2) upon receipt of the notice, the parties agree to discuss the dispute by phone to resolve the dispute amicably,(3) if the parties are unable to resolve the dispute by phone, the parties agree to attend a face-to-face meeting in ATLANTIC CITY, NEW JERSEY (or at a mutually agreed upon location in New Jersey)within fifteen (15) days of the written notice being received, (4) If the dispute cannot be resolved within 30 days of the initial written notice being provided, either party may seek civil remedies under the laws of the State of New Jersey. The parties agree to waive their rights to a jury if the matter goes to trial. The parties can amend or modify the timing set forth in this paragraph by an agreement memorialized to a writing signed by both parties.
This Agreement, including any exhibits referred to in this Agreement, constitutes the entire agreement and understanding of the parties with respect to the subject matter of this
Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
