State of Maine Agricultural Trades Show
Maine Ag Trades Show Participant Terms and Conditions
Participant: The term Participant refers to a formal or informal entity or its designee who enters the agreement for one or multiple rental options, including exhibit space on the auditorium floor, and/or conference session space, and/or activity area, and/or main stage.
Participants and their staff, agents, employees, associates and/or representatives behavior and actions must be courteous, professional and cooperative at all times. Participant is responsible for maintaining quality standards of their products and information. Quality standards are reasonable expectations for product and personnel and customer safety, and standards for a given product, enterprise and industry.
Participant is solely responsible for their valuables at all times. All exhibits and portions thereof must fully comply with any applicable health, fire and safety codes, rules, ordinances, regulations, and statutes and emergency safety protocols by Show Organizers and/or its designees and the venue. Participant is solely responsible for obtaining any and all state and municipal licenses and certificates necessary to lawfully conduct business in the State of Maine. Participants may be required to provide proof of training and/or certification, proof of insurance, for compliance with applicable codes, ordinances, laws and regulations, and shall be prepared to provide the proof of such paperwork upon request.
Department’s Representative: Show Organizer(s) shall be the Department's representative during the period of this Agreement. Show Organizer(s) has authority to curtail services if necessary to ensure proper execution. He/she shall certify to the Department when payments under the Agreement are due and the amounts to be paid. He/she shall make decisions on all claims of the Participant, subject to the approval of Department Commissioner.
Fees and Payment: Participant agrees to pay, by check(s) made to Treasurer, State of Maine, the total rental fee amount, including any applicable add-ons and amenities, and services (such as, but not limited to electricity, tables, chairs, coverings, audio visual equipment, food and beverage, etc.) Participants who are State of Maine agencies will receive an internal invoice generated through AdvantageME. Non-agency Participants will receive an invoice from the State of Maine. Alternative payment schedule may be negotiated at the discretion of the Department. Participants awarded space agree to comply with the payment dates and deadlines in invoice. Failure to pay may result in termination of agreement, and loss of space. It is expressly agreed by the Participant that in the event Participant fails to pay for the space rental at the specified time, or fails to comply with any other provision contained in the Agreement or the terms and conditions, the Department shall have the right to reassign the space or to terminate the Agreement. Further, Participant shall forfeit the amount paid for the space. At the discretion of the Department, Participant’s failure to pay may result in late fee assessed and loss of future exhibition privileges. If Participant cancels booth space rental, such notice shall be communicated to the Department in writing. If the Participant cancels the rental Agreement after payment deadlines, the rental fees are forfeited; cancellations may result in loss of future participant privileges.
Rental Space: Space assignments are made at the discretion of the Department. The Department will take Participant requests into consideration regarding space assignments and scheduling, but cannot guarantee such requests will be fulfilled.
Participants utilizing rental space do so at their own risk and shall not hold the Department liable for any damage or loss.
Obstructive signs may be adjusted or removed. No permanent fixtures are allowed. Temporary signage and ‘painters tape’ may be used to promote on-site activities during the event.
Participant is responsible for cleaning and discarding and/or recycling any leftover items after the event is complete. Rented space must be kept tidy.
Amenities: Access to electricity, audio visual equipment, and other extras and amenities are available for a fee paid by Participant, in addition to their assigned rental space.
- Tuesday, January 11, 2022
- Wednesday, January 12, 2022
- Thursday, January 13, 2022
Event Hours of Operation: The Maine Ag Trades Show occurs the Tuesday before Martin Luther King Jr. Holiday. The event is open to the public daily:
- Tuesday, 9:00AM to 5:00PM
- Wednesday, 9:00PM to 6:00PM
- Thursday 9:00AM to 3:00PM
Exhibit Booth and Activity Area(s): Booth, signage and other structures must be limited to the allotted area unless otherwise authorized. All signage and banners and design must be professional, attractively displayed, for a retail customer interaction. Space must be clean and kept tidy.
Booths must be ready each day for a prompt opening and remain operating and staffed until close of business each day during event hours.
No exhibit may be fully setup prior to load in time or dismantled or packed in preparation for removal before the set load out time. Failure to comply may result in future ineligibility.
Load In and Setup – Exhibit Booths:
Booth load in time occurs the Monday before the show and must be complete by 5:00 PM.
- Heavy equipment and machinery will have access between 7:00 AM and 10:00 AM
- Others will have access between 12:00 (noon) and 3:00 PM
Conference and Main Stage Sessions: Participant is responsible for maintaining quality standards of their products and information. Quality standards are reasonable expectations for product and personnel and customer safety, and standards for a given product, enterprise and industry. Conference space must be clean, and kept tidy, and promptly vacated according to the schedule, and shall not interfere with the next scheduled session.
Setup – Conferences and/or, Main Stage: Setup time is limited for these spaces to the day of your session. Please plan presentation time accordingly to include your setup and cleanup time for these shared spaces to the time block on the event conference schedule that Show Management publishes.
Waste Collection and Disposal: The venue provides janitorial service. Participants are responsible for removing all trash from their space at the close of the show or session, whichever is applicable. Participants should report any issues to Show Organizers for assistance.
Independent Capacity: In the performance of this Agreement, the parties agree that the Participant, and any agents and employees of the Participant, shall act in the capacity of an independent contractor and not as officers or employees or agents of the State.
Subletting, Assignment or Transfer: The Participant shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof without written request to and written consent of the Department. No subcontracts or transfer of Agreement shall in any case release the Participant of liability under this Agreement.
Non-Discrimination: During the performance of this Agreement, the Participant agrees to abide and follow laws pertaining to Equal Employment Opportunity and Sexual Harassment, and the policies of the State of Maine regarding Equal Employment and Sexual Harassment.
Compliance: Violations of building policies and award agreement will result in written notification of corrective action. Participants will be provided written documentation (Corrective Action Plan) that describes the issue, and the action that should be taken to correct the issue. Show Organizers will keep a record of corrective action plans.
Termination: The Agreement may be terminated by the Department or the State of Maine in whole, or in part, whenever for any reason the Department shall determine that such termination is in the best interest of the Department. Any such termination shall be effected by delivery to the Participant a Notice of Termination.
Event Cancellations: If the full duration of the show is not held in person, the rental and lease of physical space to the Participant shall be terminated. In such case, the limit of the Department’s responsibility shall be to return to the Participant the amount already paid for the rented space.
Governmental Requirements: The Participant warrants and represents that it will comply with all governmental rules, ordinances, laws and regulations.
Compliance with State of Maine Workplace Policy Regarding, Non-Smoking, Drug and Alcohol Use, and Harassment and Civil Rights: The venue is a non-smoking facility. It is the policy of the State of Maine to maintain an alcohol and drug-free work environment and one that is free of intimidation and harassment. Participants and contractors, and their respective agents, employees, representatives, associates, and building staff are to comply with the state of Maine workplace policies for drug-free workplace and its policy against harassment during the event hours of operation.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400
Independence Avenue, SW Washington, D.C. 20250-9410;
(2) fax: (202) 690-7442;
(3) email: firstname.lastname@example.org
Governing Law: This Agreement shall be governed in all respects by the laws, statutes, and regulations of the United States of America and of the State of Maine. Any legal action regarding this Agreement shall be brought in State of Maine administrative or judicial forums. The Participant consents to personal jurisdiction in the State of Maine.
State Held Harmless: The Participant shall indemnify and hold harmless the Department and its officers, agents, and employees from and against any and all third party claims, liabilities, and costs, including reasonable attorney fees, for any or all injuries to persons or property or claims for money damages, including claims for violation of intellectual property rights, arising from the negligent acts or omissions of the Participant, its employees or agents, officers or Subcontractors in the performance of work under this Agreement; provided, however, the Participant shall not be liable for claims arising out of the negligent acts or omissions of the Department, or for actions taken in reasonable reliance on written instructions of the Department.
Notice of Claims: The Participant shall give the Department immediate notice in writing of any notice of a legal claim, or any action or suit filed related in any way to the Agreement or which may affect the performance of duties under the Agreement, including but not limited to prompt notice of any claim made against the Participant by any subcontractor which may result in litigation related in any way to the Agreement or which may affect the performance of duties under the Agreement.
Damages: Participant and/or agents shall not injure or deface any part of the exhibit building, the booths or Show equipment or décor. The Participant shall be responsible for any and all damages caused by the Participant or its agents/authorized representatives and shall compensate the owner of any property so damaged.
Insurance: The Participant shall keep in force a liability policy issued by a company fully licensed or designated as an eligible surplus line insurer to do business in this State by the Maine Department of Professional & Financial Regulation, Bureau of Insurance, which policy includes the activity to be covered by this Contract with adequate liability coverage to protect itself and the Department from suits. Participants insured through a “risk retention group” insurer prior to July 1, 1991, may continue under that arrangement. Prior to or upon execution of this Contract, the Participant shall furnish the Department with written or photocopied verification of the existence of such liability insurance policy. In addition, Participant must also have adequate workers compensation coverage issued by a company fully licensed or designated as an eligible insurer.
Non-Appropriation: Notwithstanding any other provision of this Agreement, if the State of Maine does not receive sufficient funds to fund this Agreement and other obligations of the State, if funds are de-appropriated, or if the State does not receive legal authority to expend funds from the Maine State Legislature or Maine courts, then the State is not obligated to perform under this Agreement.
Severability: The invalidity or unenforceability of any provision or part thereof of this Agreement shall not affect the remainder of said provision or any other provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision or part thereof had been omitted.
Force Majeure: The performance of an obligation by either party shall be excused in the event that performance of that obligation is prevented by an act of God, act of war, riot, fire, explosion, flood or other catastrophe, sabotage, severe shortage of fuel, power or raw materials, change in law, court order, national defense requirement, or strike or labor dispute, provided that any such event and the delay caused thereby is beyond the control of, and could not reasonably be avoided by, that party.
Entire Contract: This document contains the entire Contract of the parties, and neither party shall be bound by any statement or representation not contained herein. No waiver shall be deemed to have been made by any of the parties unless expressed in writing and signed by the waiving party. The parties expressly agree that they shall not assert in any action relating to the Contract that any implied waiver occurred between the parties, which is not expressed in writing. The failure of any party to insist in any one or more instances upon strict performance of any of the terms or provisions of the Contract, or to exercise an option or election under the Contract, shall not be construed as a waiver or relinquishment for the future of such terms, provisions, option or election, but the same shall continue in full force and effect, and no waiver by any party of any one or more of its rights or remedies under the Contract shall be deemed to be a waiver of any prior or subsequent rights or remedy under the Contract or at law.
Amendment: No changes, modifications, or amendments in the terms and conditions of this Contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Participant.
Debarment, Performance and Non-Collusion Certification: By signing this Contract, the Participant certifies to the best of Participant’s knowledge and belief that the aforementioned organization, its principals and any subcontractors named in this Contract:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.
b. Have not within three years of submitting the proposal for this contract been convicted of or had a civil judgment rendered against them for:
i. Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government transaction or contract.
ii. Violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
iv. Have not within a three (3) year period preceding this proposal had one or more federal, state or local government transactions terminated for cause or default.
c. Have not Entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above-mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.