TGMS produces the Annual Tucson Gem and Mineral Show® also referred to as, “The Main Show” and hereinafter referred to as “Show” or “TGMS Show.” Educational Exhibitor wishes to occupy and use a booth space at the 2024 TGMS Show. In consideration of the mutual Agreements contained herein, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. LICENSE FOR USE: TGMS hereby grants to Educational Exhibitor a license to occupy and use, subject to all terms and conditions of this Agreement, a booth space as defined and described herein. This Agreement is a license to occupy and use the space granted by TGMS as set forth on Exhibit A and shall only be in effect during the setup hours, selling hours and strike hours of the 2024 TGMS Show as defined herein. Such license to use space shall not be in effect for Educational Exhibitor during any other time.
2. BOOTH: TGMS reserves the right to assign location of booth as is set forth more fully herein. Your signed contract must be returned to TGMS by January 12, 2024 for your business name to be included in the TGMS Show program.
3. SHOW HOURS AND LOCATION: The parties acknowledge that the 2024 TGMS Show is scheduled to be held February 8 through 11, 2024 as follows:
Educational Exhibitor are scheduled to be open to the public:
Thursday, February 8, 2024 from 10:00 a.m. to 6:00 p.m.,
Friday, February 9, 2024 from 10:00 a.m. to 6:00 p.m.,
School Visits Program begins at 9:00 a.m., Friday, February 9, 2024
Saturday, February 10, 2024 from 10:00 a.m. to 6:00 p.m.,
Sunday, February 11, 2024 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.
4. Educational Exhibitor REGISTRATION: Registration shall occur on Tuesday, February 6, 2024, 1:00 p.m. to 4:00 p.m.in the east Galleria of the Tucson Convention Center.
It is important that you register, or this Agreement may be terminated pursuant to paragraph 19. At that time, you will pick up your Show ID’s and you will receive any last-minute information. If you are unable to register at this time, you must make alternate arrangements with your Educational Exhibitor Chair.
5. 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 7, 2024, from 10:00 a.m. to 6:00 p.m.
Strike: Sunday, February 11, 2024, from 4:30 p.m. to 8:00 p.m.
TGMS will confirm Setup and Strike times at registration but TGMS reserves the right to change these dates and times even after registration. In the event that TGMS changes the move in, setup, or strike dates or times, Educational Exhibitor will be provided with substantially the same duration of time for move in, setup, and strike as is represented above. Educational Exhibitors shall strictly adhere to any established setup and strike hours. All materials, equipment, displays and other objects belonging to Educational Exhibitors shall enter and leave the Tucson Convention Center through the upper-level area, known as the Galleria.
6. LOCATION OF SPACE: The space shall be determined by TGMS in its sole discretion. A floor plan showing the currently anticipated location of Educational Exhibitor’s assigned space is enclosed with this Agreement. However, TGMS reserves the right to reassign the location of Educational Exhibitor space as TGMS deems necessary in the best interest of the Show. Educational Exhibitor shall not be entitled to any refund or to cancel this Agreement if Educational Exhibitor is not satisfied with the precise location of its assigned space.
7. RELATIONSHIP BETWEEN TGMS AND EDUCATIONAL 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 and anything other than licenser and licensee.
8. TGMS SHOW STANDARDS: This Show is held for the primary purpose of displaying and selling materials and equipment directly related to mineral, gem, lapidary, fossil and jewelry trade or related lapidary arts and earth sciences. Educational Exhibitor shall not display or sell any materials or equipment, which are not related to mineral, gem, lapidary, fossil and jewelry trade or related lapidary arts and earth sciences. Educational Exhibitors, unlike Retail Dealers, shall only be permitted limited sales at the Show. Such sales shall be limited to material personally produced by the non-profit organization or governmental agencies, such as, publications and brochures. Educational Exhibitors are provided free booth space for education of the public and shall not be in competition with our Mineral, Publisher or General Retail Dealers by selling minerals, jewelry, gems, fossils, equipment or publications done by other than governmental or non-profit organizations. TGMS shall have the right to require Educational Exhibitor to immediately remove any materials or equipment or other items which TGMS deems inappropriate, a nuisance or a safety issue and which do not comply with the general intent, stated herein.
- TGMS further may, at its sole discretion, require an Educational Exhibitor to immediately cease any activity or practice that TGMS deems not in accordance with criteria stated in this paragraph. Educational Exhibitor agrees that all merchandise for sale will be properly labeled and priced. Educational Exhibitor agrees that selling fake or fraudulently labeled materials shall be grounds for immediate termination of this Agreement and forfeiture of all booth privileges and immediate removal of Educational Exhibitor from the Show.
- Educational Exhibitor agrees that no clothing ((including hats, shirts, belts, purses etc.) may be offered for sale or be displayed.
- Educational Exhibitor agrees that no candy or gum may be offered for sale, given away or displayed.
- Educational Exhibitor agrees that no laser pointers may be offered for sale, displayed or used.
- Educational Exhibitor agrees that no posters may be offered for sale or displayed.
- Educational Exhibitor agrees that no flutes or cricket magnets may be offered for sale.
- Educational Exhibitor agrees that no animal skins, pelts, skeletons, skulls, etc. other than fossilized animal bones, may be offered for sale or displayed.
- Educational Exhibitor acknowledges that there are contractual prohibitions against alcohol being brought into the TCC other than that sold by TCC vendor. Educational Exhibitor shall not do so, nor permit others to bring alcohol into their booth, other than that purchased from the authorized TCC vendor.
- Educational Exhibitor agrees to the following standards for display/sales stock: Educational Exhibitor must display at least 80% publications and educational material related to mineral, gem, lapidary, fossil, jewelry trade or lapidary arts and 20% publications and educational material related to earth sciences.
- Educational Exhibitor agrees that booth and exhibit case lighting will be as uniform in color temperature and intensity as possible and will not artificially enhance display materials. Acceptable lighting using LED’s, CFL’s, standard tungsten, clear halogen, inside frosted or white-coated lamps or standard fluorescent lamps will be permitted. Educational Exhibitor agrees that fixtures housing the lamps will not have filters or reflectors, which alter the characteristics of the radiated light. Filtered ultraviolet light used to demonstrate the phenomena of fluorescence in suitable darkened environments is the only exception to this rule. All lighting must conform to electrical codes as stated in paragraph 10 of this Agreement.
- Educational Exhibitors, the school children will be allowed in the Galleria area on Friday morning, please be in your booth by 9:00 a.m.
9. BOOTH OPERATION/TERMS:
- Educational Exhibitor agrees to operate a booth at the 2024 TGMS Show during the hours, dates and places set forth herein and shall display, demonstrate, promote, and sell items as limited above. Educational Exhibitor agrees to keep booth open and to keep booth adequately attended for all hours of the Show as defined herein, to ensure safeguarding of the booth display and to promptly service customers. Educational Exhibitor agrees that TGMS will not provide help to the Educational Exhibitor for the operation of the booth.
- Educational Exhibitor agrees that hand carts and other equipment used for loading/unloading are the responsibility of Educational Exhibitor. TGMS or the Tucson Convention Center will not provide equipment. Arrangements for additional equipment or labor can be made in advance, at registration or during the Show through Arizona Cine Equipment. Additional equipment or labor ordered from companies other than Arizona Cine Equipment is prohibited (see Number 11, section b), with the exception of display cases. Display cases may be ordered from the outside vendors that have been sanctioned by TGMS, but their delivery to your booth must be approved by TGMS and coordinated through Arizona Cine Equipment. If you own display cases and they are being delivered to you by an outside entity, their delivery to your booth must be authorized by TGMS and coordinated through Arizona Cine Equipment. Anything that you are having delivered to or picked up from your booth must be coordinated through Arizona Cine Equipment (see Number 11, section b and c). Please refer to the “Educational Exhibitor Information” sheet regarding approved vendors and other information.
- Educational Exhibitor agrees that, at all times during the TGMS Show, Educational Exhibitor will maintain sufficient stock so that the booth is filled appropriately, and Educational Exhibitor will maintain the area of the booth and display stock in an orderly fashion.
- Educational Exhibitor agrees that selling is permitted from the booth only during TGMS Show hours.
- Educational Exhibitor agrees that selling of any kind by the Educational Exhibitor and/or by his agents outside the ASD-Tucson Convention Center building while on Tucson Convention Center grounds is absolutely prohibited. Such prohibited selling includes, but is not limited to, selling from vehicles.
- Educational Exhibitor agrees to cover materials on the booth table as soon as the booth is set up on Wednesday, February 7, 2024.
- Educational Exhibitor agrees to confine all tables and display items to the booth size designated.
- Educational Exhibitor shall comply with all requests, rules and regulations of Tucson Convention Center, TGMS, or other Authority as may have jurisdiction.
10. ELECTRIC EQUIPMENT: Educational Exhibitor shall arrange electrical service under separate contract with the ASM-Tucson Convention Center electrical contractor. Educational Exhibitor agrees to use electrical cords and fixtures that comply with UL or CSA standards, and any applicable Codes, and they shall be capable of passing inspection by the Tucson Fire Department. Educational Exhibitor shall comply with all requests, rules and regulations of Tucson Convention Center, TGMS, Fire Marshal, Development Services or other Authority, as may have jurisdiction. Extension cords shall be double-insulated, heavy duty, 15-20-amp capacity, 3-wire grounded with molded plugs or better. A flat, 3-wire cord is considered to be single insulated and is not acceptable for use. Extension cords with a multi-plug (power strip) unit at one end shall conform to the above criteria and shall also be fused. Lamps with metal parts shall be grounded. Lights and stanchions must be in good condition.
a) Side and front table lighting – lights should be clip-on, swing arm type, or on individual posts and UL approved, which are below the back-drape height. Educational Exhibitor agrees that all lighting framework which is intended to hold lights above these tables shall be obtained through Arizona Cine Equipment, Inc. In order to keep the overall look of the Show consistent, requests for deviations in the lighting framework must be submitted by photo and receive approval from the Show Committee prior to the Show.
b) Back table lighting – lights may not exceed the height of the back drape (eight feet). Lights and stanchions must be manufactured, and UL approved. Each light must have its own stanchion, thus avoiding constructing any framework to hold the lights. Stanchions must be slender enough so as not to significantly block the view or be distracting. Any homemade stanchion must be UL approved and receive prior approval from the TGMS Show Committee by submitting a photo of the light with stanchion prior to the Show. Lights, when in place, must point downward toward the back table.
11. BOOTH LAYOUT/DECORATING & SIGNS: Educational Exhibitor agrees that the floor plan for booth layout will meet any and all applicable Codes and Regulations and that Educational Exhibitor’s booth will be maintained as set forth by TGMS.
a) Booth inventory: Consists of eight-foot back drape and three-foot side drapes. One table and two chairs are included (refer to Educational Exhibitor Information). Tables are topped and skirted with fire resistant material.
Educational Exhibitor may not use any covering or skirting that is not provided by or purchased from Arizona Cine Equipment and must be in compliance with the TGMS Show colors.
b) Additional equipment or labor: All additional equipment and labor must be rented through Arizona Cine Equipment. This includes functional items such as tables, counter tables, chairs, back drape, side drape, table topping, table skirting, counter tables skirting, lighting frames etc. Fiber optic and LED display cases may be ordered from outside vendors that have been sanctioned by TGMS, but their delivery to your booth must be approved by TGMS and coordinated through Arizona Cine Equipment. No other cases may be provided by sanctioned vendors unless such cases are not carried by Arizona Cine Equipment or are out of stock with Arizona Cine Equipment. If you own display cases and they are being delivered to you by a sanctioned outside entity, their delivery to your booth must be authorized by TGMS and coordinated through Arizona Cine Equipment.
c) If you own display cases and they are being delivered to you by a sanctioned outside entity, their delivery to your booth must be authorized by TGMS and coordinated through Arizona Cine Equipment. Additional labor required for move-in and move-out of materials and equipment for your booth can be ordered only from Arizona Cine Equipment. No other company or companies are sanctioned to do so. Decorative items used in Educational Exhibitor’s booths must be approved by the TGMS Show Committee prior to the Show. Please refer to the Educational Exhibitor Information link.
d) Back drapes: Under no circumstances may Educational Exhibitor cover the back drapes either directly or indirectly through paneling or cloth or exhibit systems (modular displays, flat panel display, popup displays or custom displays etc.), without receiving approval from the TGMS Show Committee prior to the Show. Nor shall anything be placed on the back tables which projects above the back drapes, except back table lighting as described in paragraph 10 (b).
e) Signs: Shall be provided for all Educational Exhibitors. Said signs are the property of TGMS and may not be removed by Educational Exhibitors. Only the sign provided by the TGMS Show Committee to the Educational Exhibitor may be hung or placed in front of the back drape. No other identification signs/banners are permitted without the written permission of TGMS Show Committee prior to the Show. If TGMS gives such permission, said signs/banners must not cover the existing TGMS sign and must also be lower than TGMS sign. Educational Exhibitor agrees that TGMS may require that inappropriate and/or unauthorized signs/banners be removed immediately. Educational Exhibitor: Your booth sign will be printed with your name as it is written in Exhibit A. If any Educational Exhibitor wishes any changes in their booth sign, there will be an additional charge for a new sign.
12. TGMS SHOW IDENTIFICATION: Educational Exhibitor shall obtain and authorize TGMS Show identification for only those persons actually employed and working in the booth as an Educational Exhibitor, as an employee, as Educational Exhibitor’s agent, or as an independent contractor. TGMS will provide Educational Exhibitor TGMS Show Identification with the names of each individual actually working in your booth. Your 2024 TGMS Show Identification is non-transferable and the TGMS Show Identification worn by unauthorized persons may be confiscated at the discretion of TGMS. Educational Exhibitor further agrees that such Show identification must be worn at all times while in the AMS-Tucson Convention Center by the parties to whom TGMS has issued the badge. Only appropriate agents of TGMS shall have authority to issue and replace Show Identification. Lost Show Identification must be reported immediately to TGMS. There will be a charge for replacement Show Identification. TGMS shall supply 2024 TGMS Show Identification for booth space as follows:
10-foot booth: 2 Show ID’s; 20-foot booth: 4 Show ID’s
Educational Exhibitor Helper badges are available by request for move in/setup only (Wednesday, February 7, 2024 from 10:00 a.m. to 6:00 p.m.) and strike (Sunday, February 11, 2024 from 4:30 p.m. to 8:00 p.m.). Requests may be made to the Educational Exhibitor Chair for Helper badges.
13. SECURITY: TGMS shall provide general premises security. However, Educational Exhibitor agrees to be responsible for arranging the adequate staffing of booth space to properly safeguard Educational Exhibitor’s properties during hours open to the general public. 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 Educational Exhibitor caused by an act of any person; by any natural disaster or by any other event. Educational Exhibitor agrees to hold TGMS harmless from any losses that may occur at whatever time.
14. INSURANCE: Educational Exhibitor, at its sole expense, shall provide and maintain a liability insurance policy with the minimum limits of one million dollars ($1,000,000) per occurrence/ two million dollars ($2,000,000) aggregate coverage for bodily injury and property damage for any incident related to the activities contemplated by this Agreement. It is agreed that such coverage shall be and constitute primary coverage and be non-contributing to any coverage of TGMS and name TGMS and its officers, employees, agents, and representatives as additional insureds. Educational Exhibitors, with employees, shall maintain workers’ compensation insurance with employers’ liability limits of at least one million dollars ($1,000,000). Both of the foregoing policies shall be effective at all times during the Agreement period and shall include a waiver of subrogation for the benefit of TGMS. Educational Exhibitor shall provide TGMS with a “Certificate of Insurance” demonstrating the required coverage by January 12, 2024.
15. SECURE AREA/STOREROOM AGREEMENT: Educational Exhibitor acknowledges the option of removing valuables overnight during the Show or leaving them covered at the Educational Exhibitor’s booth overnight. TGMS will provide a Secure Area/Storeroom for Educational Exhibitors at their option. There will be no fee for these services. For Check In and Checkout times, refer to the 2024 TGMS Educational Exhibitor Information. The Secure Area/Storeroom is located on the TCC premises between the Arena and Exhibit Hall and a security officer will be present in the Secure Area/Storeroom from check in to checkout times. No security will be in place during other hours. No one will be allowed access to the Secure Area/Storeroom after check in hours other than the security officers.
a) Only the person who placed the materials with the Secure Area/Storeroom will be permitted to remove said items the following morning, unless other arrangements are made in writing prior to check in with TGMS. Materials not removed timely during the checkout times are deemed abandoned at the close of checkout time and will become the property of TGMS. The Secure Area/Storeroom’s log and claim check must be signed and completed and the claim check must be shown in order to reclaim materials in the Secure Area/Storeroom. Goods delivered for storage by Educational Exhibitor may be removed in only the same quantity as was delivered. No partial removals of Educational Exhibitor’s property shall be permitted. Claim tickets shall be issued and will be required to reclaim stored items. Current valid picture ID will be required for check in and checkout.
b) No hazardous material may be stored, and Educational Exhibitor /Agent warrants no such materials shall be offered for storing. Prior to acceptance for storage, Educational Exhibitor shall notify TGMS in writing of characteristics of any of Educational Exhibitor’s products that may in any way be likely to cause harm or damage to the premises or to other storage goods. Educational Exhibitor assumes full responsibility for damage or harm to the premises or to the other stored goods.
c) In the event materials tendered for storage do not conform to the description for same contained in the Secure Area/Storeroom log, TGMS, in its sole discretion, reserves the right to reject and refuse said materials.
d) All goods for storage shall be marked and packaged for storage by Educational Exhibitor. All materials necessary for the safe storage and handling of Educational Exhibitor’s valuables shall be the responsibility of and be provided by Educational Exhibitor prior to valuables being accepted for storage. Space is limited and TGMS reserves the right to limit the amount of space for each Educational Exhibitor. No item or combination of items larger than 3’ x 3’ space shall be permitted. Space shall be determined by TGMS in its sole discretion. TGMS will not be held liable for loss of or injury to items so stored. TGMS assumes no liability and Educational Exhibitor shall hold TGMS harmless for any injury to Educational Exhibitor’s property or person. TGMS shall not be liable for damages resulting from delays associated with the delivery of materials for storage or retrieval of materials in storage. When materials are ordered out of storage, TGMS shall be given reasonable time to coordinate removal of goods by Educational Exhibitor. If TGMS is unable to coordinate the removal of Educational Exhibitor’s materials for any cause or reason beyond the control of TGMS or because of the loss or distribution of materials or because of any excuse provided by law, TGMS shall not be liable for failure to carry out such instructions. Educational Exhibitor goods are not insured by TGMS against loss or injury however caused. TGMS assumes no responsibility for merchandise secured in the TGMS Secure Area/Storeroom. Educational Exhibitors who choose to utilize the services of TGMS Secure Area/Storeroom assume all responsibility for any items placed in this area. TGMS provides no insurance for the Educational Exhibitor or for the merchandise, and Educational Exhibitor agrees to make no claim against TGMS or its agents for any loss resulting from theft, damage, disappearance, or destruction of the merchandise placed in the Secure Area/Storeroom. Pursuant to this agreement, Educational Exhibitors who wish to leave certain items in the Secure Area/Storeroom overnight and have read and understand the terms and conditions of this agreement and agrees thereto, may do so.
16. PUBLICITY: TGMS agrees to furnish overall publicity and advertising of the Show.
17. TERMS OF AGREEMENT: Educational Exhibitor agrees that this contract is for the year and dates set forth herein and that this contract is not transferable in the event of a change of ownership of Educational Exhibitor, except as may be approved in writing by TGMS. Educational Exhibitor further agrees that Educational Exhibitor shall not sublet, share or assign any part of the booth without prior written consent of TGMS. Violation of this provision may result in termination of this agreement. Participation in the 2024 Show does not entitle Educational Exhibitor to booth space in future shows. Educational Exhibitors must request space for the 2025 Show via the URL link provided by TGMS at the close of the 2024 Show.
18. PERMITS AND LICENSE: Educational Exhibitor shall obtain all necessary permits and licenses from any governmental authority having jurisdiction over the Show or the parties hereto. Educational Exhibitor shall pay all required taxes including, but not limited to, state and local taxes. Anything contained herein to the contrary notwithstanding this Agreement may be cancelled at any time by TGMS without cause, without prior notice and without penalty.
19. CANCELLATION BY Educational Exhibitors: TGMS shall have the right to terminate this Agreement without notice.
20. 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 Educational Exhibitor of the cancellation to said TGMS Show and of the termination of this Agreement.
21. SMOKING: Smoking will not be allowed in the ASM-Tucson Convention Center. The ASM-Tucson Convention Center is a smoke free facility, including restrooms and loading docks.
22. SEVERABILITY: Educational Exhibitor agrees that should any provision of this Agreement be held or deemed to be unenforceable, avoidable, or void, the remaining provisions of this Agreement shall nevertheless be binding upon and enforceable against the parties, hereto, their successors in interest and assigns.
23. HEADINGS: Educational Exhibitor agrees the headings throughout this Agreement are for convenience and reference only. The words contained within such headings shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction or meaning of the provisions of this Agreement.
24. WAIVER: Educational Exhibitor agrees that the waiver of any provision of this Agreement shall not constitute waiver of any other provision, nor shall such waiver affect the validity of the remaining provisions of this Agreement.
25. MODIFICATIONS: Educational Exhibitor agrees that any modification or waiver of any of the terms of this Agreement, except as to those matters that may be modified by order of a court of competent jurisdiction, shall not be valid unless in writing and executed with the same formality as this Agreement. The failure of either party hereafter to require performance of any provision of this Agreement in accordance with its terms shall not be deemed a waiver.
26. JURISDICTION/DISPUTE: Educational 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 regard 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
27. 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, except as set forth in paragraph 16 herein.
28. INDEMNITY: 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 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.
29. 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 or email to the parties at the following address:
Tucson Gem and Mineral Society
3727 E. Blacklidge Drive
Tucson, Arizona 85716
tgms@tgms.org
30. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior oral or written Agreements of the parties.