This Agreement is entered into between the parties Tucson Gem and Mineral Society, Inc. hereinafter referred to as “TGMS” and “Exhibitor”. (If Exhibitor is not an individual acting in his or her own individual capacity, please record whether you are a corporation, partnership or other entity and indicate your authority to act as agent for said entity.)
TGMS is the sponsor for the annual Tucson Gem and Mineral Show® also referred to as, “The Tucson Show” and hereinafter referred to as “Show” or “TGMS Show”. Exhibitor wishes to occupy and use an exhibit space at the 2023 TGMS Show. In consideration of the mutual Agreements contained herein, THE PARTIES DO HEREBY AGREE:
2. EXHIBIT SPACE
TGMS hereby grants to Exhibitor a license to occupy and use exhibit space, subject to all terms and conditions of this Agreement. Only cases supplied by TGMS may be used, unless use of an alternative case is approved in advance of the Show and in writing by TGMS. Requests to use other display cases must be received in writing and reviewed by the Exhibits Chair prior to registration.
3. EXHIBIT SPACE PRIVILEGES:
Exhibitor agrees that only the person who placed said display material in the exhibit space shall be permitted to remove said material unless arrangements are made in writing prior to registration. Exhibitor agrees that after setup and the securing of cases (TGMS cases and/or glass cases) there will be no admittance to display cases other than to right a tipped-over specimen or label and such access will only be permitted as time constraints allow and with permission of the appropriate authority. Exhibitor of said case or specimen must be present to perform said correction. Exhibitor agrees that no sales information will be displayed in exhibit space or near the exhibit space nor will Exhibitor use the exhibit space to sell material (that includes no TGMS booth numbers). Cases are not to be opened for removal or exchange of material during the course of the Show. Exhibitors leaving display material or specimens under the display tables during the course of the TGMS Show do so at their own risk.
4. SHOW HOURS AND LOCATION
The parties acknowledge that the 2023 TGMS Show is scheduled to be held February 9 through 12, 2023 as follows: Thursday, February 9, 2023 from 10:00 a.m. to 6:00 p.m.,
Friday, February 10, 2023 from 10:00 a.m. to 6:00 p.m.,
Note: School visits program begins at 9:00 a.m., Friday, February 10, 2023
Saturday, February 11, 2023 from 10:00 a.m. to 6:00 p.m.,
Sunday, February 12, 2023 from 10:00 a.m. to 4:00 p.m.
The TGMS Show shall be held at the Tucson Convention Center, 260 S. Church Avenue, Tucson, Arizona 85701. TGMS reserves the right to change these dates and times.
5. EXHIBITOR REGISTRATION
It is important that you register. At that time, you will pick up your IDs and you will receive any last minute information.
Wednesday, February 8, 2023, 12:00 noon to 4:00 p.m. in the east end of the Galleria near the Church Street entrance of the Tucson Convention Center.
If you are unable to register at this time, you must make alternate arrangements with your Exhibits Chair.
6. SETUP/STRIKE HOURS
The parties agree that the move in, setup and strike hours are scheduled to be as follows:
Move in /Setup: Wednesday, February 8, 2023, from 12:00 noon to 6:00 p.m.
Strike: Sunday, February 12, 2023, from 4:30 p.m. to 8:00 p.m.
Special arrangements for early or late setup require written consent from the Exhibits Chair. If the Exhibits Chair has not heard from you by 6:00 p.m., Wednesday, February 8, 2023, your case may be given to a standby exhibitor.
Strike will not begin before 4:30 p.m. Cases will be opened beginning at about that time. All Exhibitors are expected to be present at their displays from 4:30 p.m. until such time as they have removed their items from the cases. Although most cases will be opened when the Exhibitor of said case is present, there is no guarantee of this. Exhibitor understands and agrees that once the case has been opened, all materials are considered to be in Exhibitor’s possession and TGMS has no responsibility for the materials. Any materials left after 8:00 p.m. will be deemed abandoned by Exhibitor. Exhibitors shall strictly adhere to any established setup and strike hours.
TGMS reserves the right to change these dates and times. In the event that TGMS changes the move in, setup, or strike dates or times, Exhibitor will be provided with substantially the same duration of time for move in, setup, and strike as is represented above.
7. LOCATION OF EXHIBIT SPACE
The exhibit space shall be determined by TGMS at its sole discretion. TGMS reserves the right to reassign the location of exhibit space as TGMS deems necessary.
8. RELATIONSHIP BETWEEN TGMS AND EXHIBITOR
Notwithstanding anything to the contrary contained herein, this Agreement shall not be construed to create any relationship between the parties as principal and agent, landlord and tenant, partnership, joint venture or anything other than licenser and licensee.
9. SHOW IDs
TGMS shall supply no more than two IDs per exhibit space. Your IDs are non-transferable and IDs worn by unauthorized persons may be confiscated at the discretion of TGMS. Exhibitor further agrees that such IDs must be worn at all times while in the Tucson Convention Center by the party to whom TGMS has issued the ID. Because of heightened security issues, if requested, you must be able to present a photo ID. Only appropriate agents of TGMS shall have authority to issue and replace IDs. Lost IDs must be reported immediately to TGMS.
Exhibitor Helper badges are available by request for move in/setup only (Wednesday, February 8, 2023 from 12:00 noon to 6:00 p.m.) and strike (Sunday, February 12, 2023 from 4:30 p.m. to 8:00 p.m.). Requests must be made to the Exhibits Chair for Helper badges.
TGMS shall provide general premises security. TGMS assumes no responsibility or liability for any loss of any kind, which includes, but is not limited to, any loss and/or damage to Exhibitor or Exhibitor’s property caused by act of any person; by any natural disaster or by any other event. Exhibitor agrees to hold TGMS harmless from any losses that may occur at whatever time.
11. SHOW CANCELLATION BY TGMS
TGMS shall use its best efforts to organize and hold the TGMS Show. However, in the event TGMS, in its sole discretion, determines that the TGMS Show shall not be possible, TGMS shall have the right to terminate this Agreement by giving verbal and/or written notice, as soon as practicable, to the Exhibitor of the cancellation to said TGMS Show and of the termination of this Agreement.
Smoking will not be allowed in the Tucson Convention Center. The Tucson Convention Center is a smoke free facility, including restrooms and loading docks.
Exhibitor agrees that this Agreement shall be construed and governed in accordance with the laws of the State of Arizona. Should a dispute arise between the parties in regards to this Agreement requiring the parties, whether one or both of them, to employ an attorney to enforce their rights, title and interests under this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs incurred.
14. BINDING EFFECT
Both parties agree that this Agreement shall be binding upon and shall inure to the benefit of the successors in interest and assigns of the parties hereto.
Both parties agree to conduct their activities so as to not endanger any person who is lawfully involved with the Show on any premises involved herein. Both parties agree to indemnify, defend, save and hold harmless the other party, each party’s employees, officers, officials, and insurance carriers, individually and collectively, from all losses, claims, suits, demands, expenses, subrogation, attorney’s fees or actions of any kind and nature resulting from the personal injury to any person (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of one such party’s negligent performance of the terms of this Agreement, or by any acts or omissions of such party.
16. NOTICE: Both parties agree that unless otherwise notified of a change of address, all notices, approvals, requests or other correspondence in connection with this Agreement shall be sent by regular mail and/or email to the parties at the following address and/or email address:
Tucson Gem and Mineral Society, Inc.
3727 E. Blacklidge Drive
Tucson, Arizona 85716
17. ENTIRE AGREEMENT
These terms constitute the entire Agreement between the parties and supersedes any and all prior oral or written Agreements of the parties.