EXHIBITOR TERMS & CONDITIONS:(Required) On behalf of the above organization and/or individual completing this form, by checking this box, I hereby acknowledge that I have read and agree to comply with the EXHIBITOR TERMS & CONDITIONS incorporated herein. This agreement is binding and enforceable under New York State law:
EXHIBITOR TERMS & CONDITIONS:
Event: UCI Mountain Bike World Series (“Event”)
Dates: September 27-29, 2024
Venue: Mt Van Hoevenberg (“Venue”)
I. LICENSING & PERMTTING
Upon acceptance into the Exhibitor Village, Exhibitor is required to procure and provide evidence of all licenses, certificates, permits, or other authorizations required by governmental authorities having jurisdiction over Exhibitor’s operations at the Venue. This may include, but is not limited to, applicable licenses from the New York State Department of Agriculture and Markets or New York State Department of Health.
II. APPLICATION AND SPACE ALLOCATION
1. Application Requirement: In consideration of the permission by the New York State Olympic Regional Development Authority (“Olympic Authority”) to occupy space and provide Exhibitor’s operations at the Event, the Exhibitor agrees to submit a completed Exhibitor Application to the Olympic Authority. This application must be received and approved by the Olympic Authority prior to Exhibitor being permitted access to the Venue for the Event.
2. Space Allocation: Space at the Venue will be allocated based on the details provided in the Exhibitor's Application. The Olympic Authority reserves the right to determine the final allocation of space to ensure the orderly and efficient arrangement of the Event.
3. Non-exclusive Right: Upon approval of the Exhibitor Application, the Exhibitor is granted a non-exclusive right to occupy and use the designated space for the Exhibitor’s operations that have been approved by the Olympic Authority. This right is limited to the duration of the Event and is subject to the terms and conditions of this Agreement.
4. Consideration: Exhibitor’s payment to the Olympic Authority for the use of the space and the provision of Exhibitor’s operations at the Event will be as detailed in the Exhibitor Application.
5. Incorporation by Reference: The Exhibitor’s completed and approved Exhibitor Application is hereby incorporated by reference into this Agreement and made a part thereof.
III. LIABILITY INSURANCE AND TULIP PREMIUM
If applicable, Exhibitor acknowledges and agrees to satisfy the Olympic Authority’s need for liability insurance through the Tenant User Liability Insurance Policy (“TULIP”) by payment of the applicable premium, which will be included in their application fee. Failure to timely pay the premium will result in a prohibition on participation in the Event. The TULIP premium included in the application fee only applies to Exhibitors engaging in food sales, non-food sales, and the distribution of promotional or informational materials and items to the public at no cost. For all other Exhibitor operations not covered through TULIP, such as bike demos, Exhibitor agrees to procure and maintain during the period covered by this Agreement the following types of insurance: Commercial General Liability (CGL), which shall include a minimum of $1,000,000 per occurrence and a general aggregate limit of $2,000,000. The Exhibitor’s CGL insurance shall name the Olympic Authority, the State of New York, the New York State Department of Environmental Conservation, and the Town of North Elba as additional insureds for the purposes of this Agreement.
IV. VEHICLE INSURANCE REQUIREMENTS
Exhibitor vehicles operated on the Venue premises or any adjoining Olympic Authority property, must have Comprehensive Business Automobile Liability Insurance with a minimum limit of $1,000,000 combined single limit per occurrence for all vehicles (owned, leased, hired, and non-owned).
V. WORKERS' COMPENSATION / DISABILITY INSURANCE
Exhibitor must submit proof of compliance with the New York State Workers’ Compensation Law regarding workers’ compensation and disability benefits coverage, or demonstrate legal exemption. Proof of compliance must be demonstrated in accordance with the requirements set forth by the New York State Workers’ Compensation Board.
VI. NEW YORK STATE SALES TAX
Vendors conducting sales must maintain a valid New York State Sales Tax Identification Certificate throughout the event. A copy of this certificate must be visibly displayed at the Exhibitor's location at all times.
VII. INDEMNIFICATION
To the fullest extent permitted by law, Exhibitor agrees to defend, indemnify and save harmless the Olympic Authority, the State of New York, the New York State Department of Environmental Conservation, the Town of North Elba, and their respective officers, directors, employees, agents and servants from all suits, claims, liabilities, fines, damages or like claims, including reasonable attorneys' fees, costs, and disbursements allowed and fixed by law, for bodily injury or death sustained by any person or damage or destruction to property, including loss of use, arising out of or resulting from the negligent acts, errors or omissions, or willful misconduct of Licensee and their officers, directors, employees, agents and servants in performance of Exhibitor's activities. Exhibitor's liability pursuant to this indemnity provision shall not be limited by the amount of any insurance coverages required to be maintained under the terms of this Exhibitor Agreement. This indemnification obligation shall survive the termination of this Agreement.
VIII. COMPLIANCE AND RULES
Exhibitor must adhere to all rules set forth by the Olympic Authority for operations at the Venue. Failure to comply may result in the revocation of the Exhibitor's license to operate at the Venue.
IX. GOVERNING LAW AND JURISDICTION
This Agreement shall be construed in accordance with, and governed by, the substantive laws of the State of New York, without reference to principles governing choice or conflicts of laws. Exhibitor consents and agrees that all legal proceedings in relation to the subject matter of this Agreement shall be maintained in a New York State Court of competent jurisdiction and Exhibitor consents and agrees that jurisdictions and venue for such proceedings shall lie exclusively with such court.
X. NON-ASSIGNMENT
This Agreement cannot be assigned or transferred by the Exhibitor without prior written consent from the Olympic Authority.
XI. FORCE MAJEURE
Should either Exhibitor or the Olympic Authority be prevented from or delayed in performing any act required of it hereunder, and such prevention or delay is caused by disruption due to unforeseen or unavoidable circumstances including but not limited to: unforeseen or unavoidable construction activities, strikes, labor disputes, Acts of God including but not limited to adverse or hazardous weather events or conditions, war, terrorism, government restrictions including but not limited to those resulting from a government-declared pandemic or epidemic, judicial orders, fire or other casualty, civil commotion, or other similar causes beyond its reasonable control, or if performance hereunder would foreseeably involve either party in or subject it to the effects of a labor dispute and the party therefore withholds or delays performance, making it illegal or impossible to provide or use the Venue, it is understood and agreed such affected events shall be cancelled and that there shall be no claim for damages by either party to this Agreement. In the case of such a cancellation, the Exhibitor will either be entitled to a refund of any deposit or fees paid, or Exhibitor will receive a credit in the amount of such pre-paid amounts towards a rebooking or another event, provided they occur within one year of the scheduled date for the original Event.
XII. SECURITY REQUIREMENTS
Entry of Exhibitor personnel and affiliates onto Venue premises is contingent upon adherence to all Olympic Authority security protocols.
XIII. PETS AND SERVICE ANIMALS
Vendors are prohibited from bringing pets or any animals to the Event, with the exception of service animals. Vendors who require the assistance of a service animal must adhere to the Olympic Authority’s Service Animal Policy. A copy of the Olympic Authority’s Service Animal Policy is available for review and download at: Olympic Authority Service Animal Policy. Vendors are responsible for ensuring that their service animals are under control and behave appropriately at all times while at the Event. Failure to comply with the Olympic Authority’s Service Animal Policy may result in the Exhibitor and the service animal being asked to leave the premises.
XIV. PROHIBITED ITEMS
Exhibitor is strictly prohibited from selling and distributing single-use plastic bottles, alcoholic beverages, tobacco products, marijuana products, or any items that may be deemed illegal or inappropriate by the Olympic Authority at the Venue location(s). This prohibition extends to any merchandise that infringes on intellectual property rights or any items that the Olympic Authority has specified as unsuitable for the Event in prior communications. Any Exhibitor found in violation of this clause will face immediate termination of their Agreement, resulting in their expulsion from the Venue and prohibition from participating in future events organized by the Olympic Authority. If the prohibited items include illegal substances or activities, the Olympic Authority will report such violations to the appropriate law enforcement or regulatory agencies.