DETAILED VENDOR REQUIREMENTS, TERMS & CONDITIONS

1. LIABILITY AND INSURANCE

All property of the Exhibitor remains under its care, custody and control in transit to and from the conference venue, during installation and removal, and while it is within the confines of the Hilton Garden Inn Troy. Neither NYSNYS or their Conference Organizers, the owners or management of the Hilton Garden Inn Troy nor any of the officers, staff members, or directors of any of the same are responsible for the safety of the property of Exhibitors from theft, damage by fire, accident, vandalism, or other causes, and the Exhibitor expressly waives and releases any claim or demand it may have against any of them by reason of any damage to or loss of any property of the Exhibitor, except where the damage or loss is due to the gross negligence or willful misconduct of NYSNYS, the owners or management of the Exhibit Hall, or their agents or employees, or the Hilton Garden Inn Troy owners’ or managers’ duties and responsibilities under this agreement. Exhibitor understands that neither NYSNYS, Conference Organizers, nor the Hilton Garden Inn Troy carry business interruption and/or property damage insurance coverage for loss or damage of Exhibitor’s property. 

The Exhibitor agrees to obtain the following insurance during the dates of the Exhibition, including move-in and move-out days and shall be prepared to furnish a certificate of insurance to NYSNYS if requested: (a) Commercial general liability insurance coverage including protective and contractual liability for bodily injury and property damage; (b) Employers liability insurance; (c) Worker’s Compensation/Occupational Disease coverage in

full compliance with federal and state laws; (d) Comprehensive General Liability Automobile insurance.

2. LIMITATION OF LIABILITY

In no event shall NYSNYS Annual Conference, its officers or directors, agents, employees, independent contractors, subsidiaries and affiliates (collectively “NYSNYS Annual Conference parties”) be liable to the Exhibitor or any third party hired by or otherwise engaged by the Exhibitor for any lost profits or any other indirect, special, punitive, exemplary, incidental or consequential damages, including attorneys’ fees and costs, arising out of this application and agreement or connected in any way with use of or inability to use the services outlined in this application and agreement or for any claim by Exhibitor, even if any of the NYSNYS Annual Conference parties have been advised, are on notice and/or should have been aware of the possibility of such damages, Exhibitor agrees that the NYSNYS parties’ sole and maximum liability to the Exhibitor regardless of the circumstances shall be the refund of the exhibit fee. Exhibitor agrees to indemnify and defend the NYSNYS parties from any claims brought by a third party hired by or engaged by the Exhibitor for any amount beyond the exhibit fee. Further, Exhibitor agrees to pay all attorney’s fees and costs incurred by the NYSNYS Annual Conference parties arising out of or in any way related to this application and exhibit. Exhibitor shall be solely responsible for its attorney’s fees and costs.

3. HOLD HARMLESS AND INDEMNIFICATION

This agreement shall not constitute nor be considered a partnership, joint venture, or agency relationship between NYSNYS, Conference Organizers, Exhibitors, and the Hilton Garden Inn Troy. Exhibitor hereby agrees to indemnify, hold harmless and defend NYSNYS, Conference Organizers, and the Hilton Garden Inn Troy, and their respective officers, directors, and employees (Indemnities) from and against any and all liability, responsibility, loss, damage, cost, or expense of any kind whatsoever as they arise (including but not limited to court costs, interest and attorney’s fees) which the Indemnities may incur, suffer, be part to, or be required to pay, incident to or arising directly or indirectly from any intentional or negligent act or omission or breach of these terms, conditions, and rules, or violation of any ordinance or statute by Exhibitor or any of its employees or agents. The Exhibitor assumes full responsibility and liability for the actions of its agents, employees, and independent contractors, whether acting within or without the scope of their authority, and agrees to indemnify, hold harmless, and defend the Indemnities as expenses arise, from responsibility or liability resulting directly or indirectly, or jointly, from other causes that arise because of the acts or omission of its agents, employees, or independent contractors whether acting within or without the scope of their authority. NYSNYS NYSNYS and out Conference Organizers hereby each agree to indemnify, hold harmless and defend the Exhibitor and its respective officers, directors, and employees (Indemnities) from and against any and all liability, responsibility, loss, damage, cost, or expense of any kind whatsoever as they arise (including but not limited to court costs interest and attorney’s fees) which the Indemnities may incur, suffer, be part to, or be required to pay, incident to or arising directly or indirectly from any intentional or negligent act or omission or breach of these terms, conditions, and rules, or violation of any ordinance or statute by NYSNYS and/or the Annual Conference Organizers or any of their employees, or agents. NYSNYS assumes full responsibility and liability for the actions of their agents, employees, and independent contractors, whether acting within or without the scope of their authority, and agrees to indemnify, hold harmless, and defend the Indemnities as expenses arise, from responsibility or liability resulting directly or indirectly, or jointly, from other causes that arise because of the acts or omission of their agents, employees, or independent contractors whether acting within or without the scope of their authority. The exhibitor assumes the entire responsibility and liability for losses, damages, and claims arising out of exhibitor’s activities on the Hotel premises and will indemnify, defend, and hold harmless the Hotel, its owner, and its management company, as well as their respective agents, servants, and employees from any and all such losses, damages, and claims. The terms of this provision shall survive the termination or expiration of this agreement.

Refunds
If the format of an event (ex: face-to-face to in-person) is changed to a virtual event, no refunds will be given.  If an event is canceled due to a natural disaster, public health crisis, or other act of nature, refunds will be given.  Every effort will be made by the Network to reschedule events affected by these circumstances.  If the vendor cancels, no refund will be given.

Photo Release for attendance at Training Events

I hereby release and hold harmless Network for Youth Success from any reasonable expectation of privacy or confidentiality associated with the images taken at this event. I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in Network for Youth Success marketing materials or other Network for Youth Success publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever.  I hereby release Network for Youth Success, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.