NEW VOICES NEW ROOMS
EXHIBITION TERMS AND CONDITIONS
New Voices New Rooms is the joint event (the “Event”) created and hosted by the New Atlantic Independent Booksellers Association (“NAIBA”) and the Southern Independent Booksellers Alliance (“SIBA”). Taken together, NVNR represents bookstores from eighteen states. Membership in both SIBA and NAIBA is required to attend as a bookseller or an exhibitor. These Exhibition Terms and Conditions as well as any additional Event materials and amendments thereto that may be established by NAIBA and SIBA are essential for attending the Event and reserving and using meeting rooms or function spaces during the Event. By applying to exhibit at the Event, you, for yourself and on behalf of your officers, directors, employees, representatives, and agents, hereby agree to be bound by and abide by these Terms and Conditions before, during and after the Event.
Definitions
“Event Management” means NAIBA and SIBA collectively, or any employees, contractors or other third parties retained by NAIBA and SIBA to perform management services for the Event.
“Event” means New Voices New Rooms.
“Event Date” means the date or dates during which the Event will be held.
“Event Venue” means the hotel and conference center and any other venues where the Event will be held.
“Exhibitor” and “you” mean the applicant.
“Exhibit” means any and all of Exhibitor’s stand, booth, signage, materials, goods, products, or equipment displayed, showcased or used within Exhibitor’s Exhibit Space.
“Exhibit Space” means that portion of the Event Venue that Exhibitor uses for its display/exhibit/booth/stand for Event-related activities hosted by Exhibitor and/or for similar purposes. Exhibit Space shall also be interpreted to mean any meeting rooms or other function space at the Event Venue used by Exhibitor for its Exhibit.
Exhibitor Acceptance
The Event is designed to provide publisher-bookseller connections, title discovery, and bookseller-to-bookseller networking. Event Management reserves the right to exercise its sole discretion in the acceptance or refusal of Exhibitor applications. Notwithstanding anything herein to the contrary, Event Management, in its sole and absolute discretion, retains the right to refuse to provide or assign, to modify or to cancel an Exhibitor’s exhibit space assignment, without cause, for any or no reason whatsoever, at any time, without liability or further obligation to Exhibitor.
NAIBA and SIBA shall not be responsible or liable for any costs, expenses, damages, or any other sums whatsoever incurred by Exhibitor or any other party as a result of rejection of an Exhibitor application or cancellation of an Exhibitor acceptance.
Exhibitor agrees to fully abide by these Terms and Conditions, the rules and regulations of the Event Venue, and all other applicable federal, state or local laws, rules, regulations, codes, ordinances or standards. Exhibitor further agrees to abide by the NVNR Code of Conduct and the Event Venue’s regulations governing safety, use of the facilities, and the distribution of food, beverages, alcohol, and display materials, banners, posters, flyers, handouts, and signs. Exhibitor hereby represents and warrants that it is in full compliance with all applicable laws, regulations and other legal standards and will remain in full compliance with all applicable laws, regulations and legal standards through the completion of the Event.
Consent
Exhibitor grants to Event Management the right to use or release information about Exhibitor including contact information and other personal information of its officers, directors, employees, agents and representatives participating in the Event, including for all lawful Event Management and Event related business purposes. The information provided by Exhibitor to Event Manager, including Exhibitor’s name, address, phone numbers, email and website address, and names and photographs of Exhibitor personnel will be treated as public domain information and may be available without limitation on the Event website, in promotion and advertising for the Event, NAIBA, and SIBA, and in materials provided to Event attendees, guests, participants, or as otherwise deemed appropriate by Event Management.
Exhibit Standards
Exhibitor agrees to accept the assignment of space and location as designated by Event Management. Event Management shall, in its sole and absolute discretion, have the right to prohibit or remove any Exhibit, or any part thereof, which in Event Management’s opinion is not suitable to or in keeping with the character or purpose of the Event. Exhibits shall promptly be modified or dismantled and removed at the request of Event Management. Outside food and beverages, and any dangerous materials are expressly prohibited from the Event. Exhibitor agrees to accept full responsibility for compliance with all federal, state and local laws and regulations in the provision and maintenance of adequate safety devices and conditions for the operation of the Exhibit and any equipment. Exhibitor understands that the Americans With Disabilities Act (ADA) requires that its display be accessible to persons with disabilities and agrees that it is solely responsible for assuring that its Exhibit complies with the ADA. Event Management reserves the right to remove from the Event any materials, advertising, literature or other media which are deemed dangerous, offensive, inappropriate, or in bad taste. Tampering with another exhibitor’s stand or equipment is prohibited. Event Management retains the right to refuse entry, deny access, or immediately remove any person or company from the Event, for any reason, without any liability, and to restrict such person or company from participation in future events. Exhibitor shall be fully responsible for the installation and dismantling of the Exhibit. Any and all vendors must be approved by Event Management and the Event Venue in advance.
Use of Exhibit Space
Exhibitors should reflect the highest standard of professionalism while maintaining their Exhibit Space during the Event. The Exhibit Space must be maintained and manned by at least one of Exhibitor’s representatives at all times during the Event’s open hours of operation. Exhibitors and their representatives may not bring into the Event Venue any articles or take any action that may, directly or indirectly, cause damage or injury of any kind to the Event Venue or any person, property or equipment of Event Management or any other exhibitors, participants, or attendees at the Event.
Exhibitor Responsibility
Exhibitor is solely responsible for its Exhibit and all Exhibitor materials. NAIBA and SIBA and their directors, employees, members, agents, and representatives assume no liability or responsibility for loss, damage or theft of Exhibitor’s Exhibit, materials, property, or person, except to the extent caused by the gross negligence or willful misconduct of Event Management or their employees. Exhibitor is required to carry proper insurance. Event Management and the Event Venue and their respective officers, directors, employees, affiliates and representatives assume no responsibility for Exhibit or display material, or property damaged or left unattended in the Event Venue at any time during the Event.
Intellectual Property
As a condition of Exhibitor exhibiting and participating in the Event, Exhibitor represents and warrants that Exhibitor owns or validly possesses the right to make, use, perform, sell, and display any copyrighted works, trademarks, service marks, trade names and patented products used by Exhibitor at or to promote its activities at the Event. To the extent necessary, Exhibitor grants to Event Management a non-exclusive, royalty-free, worldwide license to use Exhibitor’s trademarks, service marks, logos, trade names, copyrighted content, domain names, icons, banners, graphics and images. Exhibitor shall be responsible for securing and paying for any and all necessary licenses or consents for (a) any performances, displays or other uses of copyrighted works, and (b) any use of any name, likeness, signature, voice or other intellectual property owned by others at the Event. Event Management reserves the right to remove from the Event all or any part of any Exhibit which incorporates music, photographs, or other copyrighted material and for which Exhibitor fails to produce proof that Exhibitor holds all required licenses.
Event Management has no obligation to monitor the uses and displays of intellectual property at the Event, or to conduct an independent investigation of the status of rights to any intellectual property. Breach of the foregoing representation or warranty by Exhibitor shall be grounds for immediate revocation of the right to exhibit and participate in the Event, without notice or hearing. If Exhibitor displays products at the Event or offers products in its catalogues or other media displayed or accessible at the Event that are considered by Event Management, in its sole judgment, to infringe on or violate another exhibitor’s or another party’s intellectual property rights, Exhibitor may face sanctions by Event Management, including but not limited to closing Exhibitor’s Exhibit, ban from the Event, and a ban from future events and meetings.
Indemnification
Exhibitor shall be responsible for and shall indemnify, defend and hold harmless Event Management, Event Venue and their respective directors, officers, employees, agents, and representatives from and against any claim of liability and any incident or resulting loss, cost or damage, including court costs and attorneys’ fees, and all other associated costs of lawsuits, for (a) failure or alleged failure to obtain intellectual property licenses or consents, or (b) actual or alleged infringement of intellectual property, or other violations of the property or proprietary rights, or the rights of privacy or publicity of any third party arising from, related to or in connection with the Event by Exhibitor, or its directors, officers, employees, agents, or representatives.
Exhibitor shall be responsible for any and all demands made against NAIBA, SIBA, or Event Venue on account of any injury or death, or damage to property occurring in or upon any portion of the Event Venue which are caused, either in whole or in party, by the acts or omissions of Exhibitor, or its employees, representatives, agents, servants, licensees or contractors. Exhibitor shall indemnify, defend, and hold harmless Event Management, Event Venue and their respective directors, officers, employees, agents and representatives from and against any and all claims, demands, actions, causes of action, penalties, judgments and liabilities of every kind and description (including court costs and attorneys’ fees) for injury to and death of persons, and damage to and loss of property which are caused by, arise from or grow out of Exhibitor’s presence at the Event, or use or occupancy of the Event Venue, or from any breach by Exhibitor of any of these Terms and Conditions, or from the negligence or misconduct or any act or omission of Exhibitor, their employees, representatives, servants, agents, licensees or contractors, except to the extent due solely to the willful misconduct of Event Management.
Force Majeure
Event Management shall not be responsible if the Event is canceled or postponed, in whole or in part, for any reason beyond the reasonable control of Event Management, including without limitation acts of God, war, riot or civil commotion, strikes, labor disputes, accidents, governmental laws, ordinances, regulations, requisitions or restrictions, unavailability of the Event Venue or facilities, lack of utilities, commodities or supplies, inability to secure sufficient labor, civil disturbance, terrorism or threats of terrorism, disruption to transportation, disaster, fire, earthquakes, severe weather conditions, epidemic or pandemic, including but not limited to COVID-19 or its variant strains, or any other comparable calamity, casualty or condition. In the event of a force majeure event, Event Management will use reasonable efforts to refund a portion of the Event fee, but Event Management is not responsible for any such refund, and Exhibitor understands and agrees that Event Management is under no obligation to refund any portion of the fees paid.
If any part of the Event Venue is damaged or if circumstances beyond Event Management’s reasonable control make it illegal, impossible, impracticable, or inadvisable for Event Management to permit Exhibitors to occupy or continue to occupy their assigned Event Space during any part of or the entire Event, Event Management will retain the right to relocate Exhibitors to alternative Exhibit Space, if practical under the circumstances.
Exhibitor understands and agrees that all losses and damages which it may suffer as a consequence of the cancellation, move, or failure to hold the Event are its responsibility and not that of NAIBA, SIBA or their directors, officers, employees, agents, or subcontractors.
Change of Date, Time and Location
Event Management reserves the right to change, increase or decrease the Event’s Exhibition hours, Event Dates and number of Event days, Event location, or Event name, in its sole discretion. Exhibitor acknowledges and agrees that if Event Management elects to re-name, change, increase or decrease Exhibition hours, days, Event Dates or times, or the Event location, Exhibitor shall not be entitled to and expressly disclaims any right or claim to the return of any portion of fees or deposits paid or payable by Exhibitor to Event Management.
Limitation of Liability
Exhibitor expressly assumes all responsibility, liability and risk associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, harm, loss, damage or injury to or of any person (including death), its own property or the property of others, business or profits of Exhibitor, tortious activity of any kind (including libel, slander or injuries caused by sound levels in or around Exhibitor’s Exhibit) whether caused by negligence, intentional act, accident, acts of God, or otherwise prior to, during or subsequent to the Event.
Exhibitor agrees that to the maximum extent permitted by law, NAIBA, SIBA, the Event Venue and the city where the Event Venue is located, and their respective directors, officers, agents, employees, contractors, or representatives will not be held liable for any loss or damages to exhibits, or materials or goods (collectively “Property”) belonging to Exhibitor, and they are hereby released from liability for any damage, loss, or injury to person or property of Exhibitor or its officers, employees, agents, representatives, invitees and guests, resulting from fire, storms, water acts of God, air conditioning or heating failure, theft, disappearance, bomb threats, restrictions imposed by any governmental agency, or any other casualty, calamity or causes whatsoever.
In no event shall NAIBA, SIBA, the Event Venue or the city where the Event Venue is located and their representatives be liable for any consequential, indirect, special, punitive, or incidental damages of any nature or for any reason whatsoever whether or not apprised of the possibility of any such lost profits or damages. Event Management makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or regarding any other matters. Exhibitor expressly acknowledges and agrees that to the maximum extent provided under applicable law, Event Management’s maximum liability to Exhibitor in any way related to, in conjunction with or arising from the Event, the use, refusal, rejection of Exhibit Space, or judicial determination of Event Management’s wrongful cancellation of Exhibit Space will be limited solely to the return of the fee paid by Exhibitor to Event Management.
Governing Law
These Terms and Conditions and the interpretation of these Terms and Conditions are governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of laws principles. Any and all disputes in any way relating to, or arising out of the Event or the use, denial, change or cancellation of Exhibit Space, shall be submitted for arbitration before a single arbitrator as the sole and exclusive remedy for resolving such controversies. The decision of the arbitrator shall be final and binding and a judgment may be entered on such award in any court of competent jurisdiction. Any such proceeding shall take place in Nassau County, New York, to the exclusion of all other venues. Exhibitor hereby consents to the jurisdiction of such courts and waives any objections to venue therein.
Miscellaneous
If any portion of these Terms and Conditions becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, void or invalid, then that portion will be considered severed from these Terms and Conditions and all remaining portions will remain in full force and effect. No waiver of any breach, failure, right, or remedy will be considered as a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless made in writing and signed by Event Management. Exhibitor may not assign, sublet or grant licenses in whole or in part to its right to use the Event Space without the prior written consent of Event Management in each instance, which consent may be withheld in Event Management’s sole discretion. Any attempt by Exhibitor to assign its right to use the Exhibit Space without the prior written consent of Event Management shall be null and void. Event Management may assign or transfer its obligations at any time to any party including, without limitation, any affiliate, successor or operator of the Event, without prior consent or notice to Exhibitor.
Modification to Terms and Conditions
These Terms and Conditions shall be effective immediately. Event Management will have the right, in its sole and absolute discretion, to modify these Terms and Conditions as deemed appropriate by Event Management. Any claim of non-receipt of such changes or modifications will not invalidate or nullify such changes or modifications.
New Voices New Rooms | A PROGRAM OF NAIBA AND SIBA