TERMS AND CONDITIONS GOVERNING
2023 ATLANTIC BUILDERS CONVENTION
By purchasing and using exhibition space (“Exhibition Space”) at the 2023 Atlantic Builders Convention (the “Convention”) you (“Exhibitor”) agree to be bound by the following Terms and Conditions, which may be modified by the New Jersey Builders Association Inc. (“Management”) at any time. These Terms and Conditions are a binding legal contract between Exhibitor and New Jersey Builders’ Association Inc. (“Management”). Please read these Terms and Conditions carefully before agreeing to use Exhibition Space.
HEALTH AND SAFETY - Management may require proof of full vaccination or a negative COVID test or impose other conditions to gain entry to the 2023 Atlantic Builders Convention. Particular requirements will be posted on www.abconvention.com prior to the event.
CHARACTER OF EXHIBITS - Management reserves the right to decline and prohibit any exhibit not approved by Management in its sole discretion. No exhibit or advertising shall extend beyond the Exhibition Space allotted to the Exhibitor, including into any aisle.
INFORMATION - Convention headquarters will be open on Tuesday, March 28, 2023. You can get information about the Convention at the Information Booth or at Exhibitor Registration. All Exhibitors are requested to register online prior to the convention or at Exhibitor Registration at the Harrah’s Waterfront Conference Center.
CARE OF SPACE - Exhibitors shall not keep boxes, crates or packing cases in their Exhibition Space or anywhere else at the Convention facilities unless approved by Management. Exhibitors must, at their own expense, keep their respective Exhibition Spaces suitably arranged and maintain their exhibits in a presentable and orderly appearance. Exhibitors shall not sweep dirt, throw waste paper, packing materials or other articles of a like nature into aisles after they have been cleaned. Exhibitors shall remove waste material to a designated waste receptacle in the building.
SETTING UP OF EXHIBITS - On Tuesday, March 28, 2023, all exhibitors may setup between 8am – 5pm. Exhibitors will be allowed additional set-up time on Wednesday, March 29, 2023, between 7am – 9am. All exhibits must be show-ready by no later than 9am on Wednesday, March 29, 2023. Exhibitors shall maintain a finished appearance within their booths to a minimum of 8’ high. Exhibitors who do not build solid back walls and solid sidewalls of their booths to a minimum of 8’ high shall arrange and pay for necessary draping to cover unfinished walls of their neighbors or unsightly portions of the Harrah’s Waterfront Conference Center adjacent to their booths. Any portion of an exhibitor’s back or sidewall that exceeds 8’ high must be finished off facing the neighboring booths. Such areas facing the neighbors may not display any company name, logos, or any other advertising. Exhibitors shall use carpet and/or alternative floor covering in their Exhibition Space. Exhibitors must keep all temporary wiring accessible and free from debris and storage materials. Complete details regarding the installation and removal of exhibits are included in the Exhibitor Kit. The Exhibitor Kit and other forms for service are available via the Convention website at www.abconvention.com.
DAMAGE TO BUILDING - No Exhibitor shall bring any article to the Convention or engage in any act at the Convention, which will vitiate or increase the premiums on the policies of insurance held by the owners of any of the buildings, nor deface any part of the building, nor permit anything to be done by employees by which the premises may in any manner be injured, marred or defaced. Exhibitor will reimburse the owner(s) of the building(s) for the cost of repairing such damages.
EMPLOYEES OF EXHIBITORS - During the hours in which the general exhibition area is open to view, employees of the Exhibitors shall be confined to the Exhibition Space occupied by the respective Exhibitor.
RECEIPT OF GOODS - Goods shall be plainly marked and all charges prepaid. The Exhibitor shall be solely responsible for the delivery of all equipment and materials. The Exhibitors shall make arrangements for the storage of crates, cartons, etc. which shall not be kept in the Booth. Services and facilities are available upon request, at the expense of the Exhibitor.
Indemnification
- 1.1 To the fullest extent permitted by law, the Exhibitor shall indemnify, defend and hold harmless the New Jersey Builders Association Inc, and, its officers, directors, trustees, agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from 1) Exhibitor’s use of Exhibition Space or any other location or premises at the Convention, 2) violation of these Terms and Conditions; 3) conduct of Exhibitor’s employees and guests in connection with the Convention, including but not limited to any bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including loss of use resulting therefrom, caused in whole or in part by acts or omissions of the Exhibitor or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such indemnification shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 1.1.
- 1.2 In claims against any person or entity indemnified under Paragraph 1.1 by an employee of the Exhibitor or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 1.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable under Workers’ or Workmen’s Compensation Acts or other employee benefit acts.
- Exhibitor agrees that any insurance acquired pursuant to these Terms and Conditions shall name Management as an additional insured.
- The Exhibitor shall purchase and maintain insurance of the following types of coverage and limits of liability:
- a. Commercial General Liability – including Contractual Liability
$2,000,000 per Occurrence
$2,000,000 Aggregate - b. Workers Compensation – NJ Statutory Benefits
- c. Auto Insurance - $1,000,000 Liability Per Accident (if required)
- A Certificate of Insurance acceptable to Management shall be provided to Management prior to (i) set up of any equipment or material for use at the Convention or (ii) any other use of the Exhibition Space by Exhibitor. The certificate should show the insurance policies required by these Terms and Conditions and shall contain the following statement "The New Jersey Builders Association Inc, Atlantic Builders Convention and each of their officers, agents and employees, Harrah’s Resort Atlantic City, Caesars Entertainment and their subsidiaries and affiliates, and each of their officers, Directors, representatives and employees are named as additional insured on a primary, non-contributory basis to the commercial liability and auto liability insurance show above for all activities conducted as part of or related to the 2023 Atlantic Builders Convention."
COMPLIANCE WITH LAWS - Exhibitors must comply with all state and local laws, rules, regulations and ordinances.
USE OF LIVE OR MECHANICAL MUSIC - All live musical performances and all uses of recorded music (such as records, tapes, compact discs, or video tapes with either featured or background music) licensed by the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), or any other agency responsible for licensing music is forbidden. Any Exhibitor, who plays music, live or mechanical, will be charged a pro-rata share of any charges which ABC is required to pay as a result of such exhibitor’s performances.
DECORATIONS, SIGNS, ETC. - All displays, signs, etc. must be self-supporting. Exhibitors shall not nail into the walls or the floors of the Harrah’s Waterfront Conference Center.
LABOR - The Exhibitor shall make arrangements for labor, which will be available at the Harrah’s Waterfront Conference Center, at prevailing rates for the various trades. Information and order forms available at www.abconvention.com.
ELECTRICITY - Electrical outlets can be obtained from the Harrah’s Waterfront Conference Center’s exclusive contractor (Encore) at the expense of the Exhibitor. Information and order forms available at www.abconvention.com.
EXHIBIT REMOVAL - No Exhibitor shall have the right prior to the closing of the Convention, to pack or remove articles on exhibit floor without the permission and approval in writing from the Management. Exhibitors are required to keep their space occupied, staffed and completely setup until 3:00 p.m. on Thursday, March 30, 2023. All exhibits must be removed from the Harrah’s Waterfront Conference Center by 9pm on Thursday, March 30, 2023. If additional time is necessary to complete the breakdown process, a written request must be submitted to Management. Management will review such request and may work with exhibitor to coordinate an alternative exhibit removal arrangement. Management may also impose a fine of up to $1000.
EXPO GUIDELINES - As an Exhibitor, you agree to read and abide by the guidelines in the Exhibitor Kit that explain in additional detail the rules and regulations governing the Convention including set-up and dismantling of your booth. Exhibitor Kit will be available at: www.abconvention.com.
EXCLUSIVE USE OF SPACE - Exhibitor shall not allow any other person or entity to use Exhibitor’s designated Exhibition Space without written consent from the Management.
CANCELLATION: If Exhibitor elects not to use its designated Exhibition Space in accordance with these Terms and Conditions, the Exhibitor shall notify Management of such election by certified mail at Management’s principal office: New Jersey Builders Association, 16 South Avenue West #122, Cranford, NJ 07016. Said election shall be effective as of the date of receipt of the notice by the Management as evidenced by the signed certified receipt issued by the U.S. Post Office Department. In such event, Exhibitor shall pay to Management the following sum of money, which is hereby agreed upon as liquidated damages it being distinctly understood and agreed that the amount of damage that Management may incur by reason of the breach hereof cannot be easily estimated or determined. Hence this figure is arrived at, which is not a penalty, but it is expressly agreed upon as such liquidated damages:
(a) In the event Management receives Exhibitor’s notice of cancellation in excess of ninety (90) days prior to commencement of the Convention, Management shall retain fifty (50%) percent of the full amount of the exhibition fee.
(b) In the event Management receives Exhibitor’s notice of cancellation within ninety (90) days prior to commencement of the Convention, Management shall retain the full amount.
CASUALTY: In case the premises shall be destroyed by fire or the elements, or by any other cause, or in the case of any other circumstance deemed by the Management to make it impossible for the Management to permit the premises to be occupied by the Exhibitor, the Exhibitor shall and does hereby waive any claim or compensation except the pro-rata return of the amount paid for the Exhibition Space, should be so terminated. REMEDIES: Violation of any provision of the Terms and Conditions will result in the Exhibitor forfeiting the ability to use Exhibition Space or attend the Convention. Exhibitor will forfeit to the Management all fees and the Exhibitor agrees to pay any deficiency, loss or damage suffered by Management. Notwithstanding anything to the contrary contained herein, if Exhibitor violates these Terms and Conditions, Management reserves and shall have the right to pursue all rights and remedies Management may have at law or in equity.
RELEASE: Exhibitor releases and forever discharges Management, its successors and assigns, and all of their past, present, and future officers, directors, managers, owners, employees, agents, and contractors, and their heirs and legal representatives (together, the "Management Group"), of and from, and Exhibitor waives and holds the Management Group harmless from, any and every claim, action, cause of action, and demand of every name, nature, or description, direct or indirect, known or unknown, foreseen or unforeseen, anticipated or unanticipated, absolute or contingent, and any and all obligations and liabilities whatsoever (including attorneys’ fees and costs), both at law and in equity (each, a “Claim”), arising from Exhibitor’s use of the Exhibition Space or participation at the Convention, or any act or omission of Management, or in any way related to the Convention or any other person that might have liability to Management, including without limitation, any Claims for damages and loss from personal injuries (including emotional trauma), death, property damage or theft, defamation, and invasion of privacy. Exhibitor hereby waives the protections of any law whose purpose, substance, or effect is to provide that a general release shall not extend to Claims, which the person giving the release does not know or suspect to exist at the time of signing a release.
COVENANT NOT TO SUE: Exhibitor will not bring or maintain any Claim at law or in equity against any of the Management Group. If Exhibitor breaches this covenant, Exhibitor understands that Exhibitor will be responsible for all costs and expenses (including attorneys' fees and costs) incurred by the Management Group in defending against such Claims.Notwithstanding anything to the contrary contained herein, any claim by Exhibitor against Management shall be limited to the exhibition fee paid by Exhibitor to Management.
AMENDMENTS: Management shall have the right to interpret and to amend these Terms and Conditions and/or to make any other rules and regulations governing the Convention, which shall be binding on Exhibitor. It is Exhibitor’s responsibility to review the Terms and Conditions regularly for any changes.
GOVERNING LAW: These Terms and Conditions are governed by New Jersey Law. In the event of any litigation, any lawsuit must be brought in the State or Federal Courts of Union County, New Jersey. Exhibitor hereby voluntarily waives any right that Exhibitor may have to a trial by jury in any action, proceeding or litigation.
These Terms and Conditions shall be binding on Exhibitor and its successors and assigns.
Rev. 3/9/2022