The New Jersey State Triathlon is the largest triathlon in New Jersey - Voted One of the Best Triathlons in the Nation!
Annually selling out to 3,400 triathletes since its inception, the race is not only the largest triathlon in New Jersey but one of the largest in the country. The New Jersey State Triathlon features one of the fastest, flattest courses in the Nation.
I, the undersigned, in consideration for being permitted to participate as an Exhibitor at the New Jersey State Triathlon (the “Event”), do hereby agree to the following terms and conditions:
I. Booth Displays and Appearance. All booths must be fully set up and operational thirty (30) minutes prior to the start of the race. Displays and merchandise should have a neat and professional appearance and cannot visually or physically disturb aisles or adjacent exhibitors. Booths may not contain any offensive, vulgar or inappropriate language, images or audio material. Booths must conform to all facility, local and state rules and regulations. Space assignments may be changed and are at the discretion of the Event “Management.”
II. Festival Kit. Each exhibitor will receive a Festival Kit a few weeks before the race that will provide all of the pertinent information (hours of operation, load-in and load-out times, parking instructions, etc.).
III. Fees. Exhibitor shall pay to USA Sports & Entertainment, LLC a non-refundable fee in the total amount of the booth space, as indicated on the Exhibitor Information Form, attached hereto as Exhibit B, due and payable upon the execution of this agreement. If Exhibitor fails to submit the non-refundable fee in the total amount of the booth space, as indicated on the Exhibitor Information Form, within ten (10) days of the Event, Exhibitor shall forfeit all rights to a booth. All fees shall be payable in cash, check or major credit card, provided, however, if payment of any fees is made by major credit card, the processing fee charged by the credit companies shall be charged to Exhibitor. Any refunds issued to Exhibitor will be returned less a 10 % handling fee. For the avoidance of doubt, any cancellations by Exhibitor shall result in the forfeiture of any fees paid to USA Sports & Entertainment, LLC by Exhibitor.
IV. Assignment/Subletting Space. Any license to participate as an Exhibitor at the Event, this Exhibitor Agreement or any rights or obligations hereunder may not be transferred or assigned without USA Sports & Entertainment, LLC’s prior written consent. Exhibitors may not sublet any portion of their booth space or display another company’s name or sign.
V. Products for display/sale. Only merchandise specified in the Exhibitor Information Form may be displayed and/or sold. Management for the Event reserves the right to reject, modify or restrict any exhibit and to require the removal of products at the Event.
VI. Shipping/Load In-Load Out. All merchandise must be brought to the Event by the Exhibitor. Exhibitor shall pay all costs pertaining to moving in and moving out. All exhibits and belongings are to be removed immediately following the close of the Event. The Event location will not hold any materials for later pick up.
VII. Electricity. All electrical requests must be made in advance and additional charges may apply.
VIII. Logo Use. All USA Sports & Entertainment, LLC’s logos are Trademark owned by USA Sports & Entertainment, LLC’s and may not be used, alone or in combination, without the prior written permission of USA Sports & Entertainment, LLC’s. Exhibitor may not create, exhibit or sell any merchandise bearing any of these logos, marks or names confusingly similar thereto, without such permission from USA Sports & Entertainment, LLC’s.
IX. Required Documentation. In addition to executing and returning this Exhibitor Agreement, Exhibitor must also return the Exhibitor Information Form, attached hereto as Exhibit B, a copy of the Certificate of Insurance and, if selling at the Event, any State or Local Forms.
X. Insurance. Exhibitor shall maintain certain levels of insurance as required by USA Sports & Entertainment, LLC throughout the Event.
XI. Compliance with Laws. Exhibitor shall comply with all applicable laws and shall obtain any and all required permits and licenses necessary to participate in the Event. Exhibitor shall not use the space allocated to Exhibitor at the Event in any manner that would violate local, state or federal laws or regulations related to Exhibitor’s use of the space.
XII. Indemnification. Exhibitor hereby agrees to indemnify, defend and hold harmless USA Sports & Entertainment, LLC, its affiliates, officers, directors, employees, agents and assigns from any damages, liabilities, actions, suits, claims, costs (including reasonable attorneys’ fees), penalties, or expenses arising out of or in connection with: (a) Exhibitor’s negligence, intentional misconduct or violation of any applicable law or regulation; (b) Exhibitor’s use of the space allocated to Exhibitor at the Event, including any acts or omission on the part of Exhibitor, its officers, directors, employees or agents; or (c) Exhibitor’s failure to perform is responsibilities under this Exhibitor Agreement, including Exhibitor’s failure to obtain any necessary permits.
XIII. Revocation. USA Sports & Entertainment, LLC shall have the right to revoke Exhibitor’s right to participate in the Event at any time prior to the start of the Event and for any reason by providing written notice to the Exhibitor. If USA Sports & Entertainment, LLC revokes Exhibitor’s right to participate in the Event without cause, USA Sports & Entertainment, LLC shall refund to Exhibitor any fees paid by Exhibitor to participate in the Event.
XIV. Governing Law. This Exhibitor Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Colorado, without regard to conflicts of laws principles.
XV. Severability. If any one or more parts of this Exhibitor Agreement shall be held unenforceable for any reason, the remainder of this Exhibitor Agreement shall continue in full force and effect. If any provision of this Exhibitor Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
XVI. Headings. The headings for each section herein are for convenience only and shall not affect the meaning of the provisions of this Exhibitor Agreement.