Buffalo Marathon Health & Wellness Expo 2025

Event Terms and Cancellation Policy

BY SUBMITTING YOUR APPLICATION YOU ACCEPT THE TERMS AND CONDITIONS
This Exhibitor Agreement (the “Agreement”) is entered into, by and between Exhibitor and the Buffalo-Erie Marathon Association, Inc. (the “Buffalo Marathon”) as of the date that the Buffalo Marathon notifies Exhibitor in writing (including e-mail) that the Exhibitor Application submitted by Exhibitor to the Buffalo Marathon has been accepted (the “Effective Date”).
Premises
The Buffalo Marathon Expo (the “Expo”) is scheduled to be held at the Buffalo Niagara Convention Center, 153 Franklin Street, Buffalo, NY 14202 on Saturday, May 24, 2025, from 8:00am – 6:00pm, through Sunday, May 25, 2025, from 8:00am - 12:00pm/noon. On Sunday, May 25, 2025, the Buffalo Marathon Health & Wellness Expo will be open during the Post Race Party.
If an Exhibitor desires to setup an Exhibit at the Expo as described in this Agreement and has submitted the Exhibitor Application in connection with such desire.

Obligations of the Parties:

Exhibitor and the Buffalo Marathon acknowledge and agree to each and all of the following:
🏃🏼‍♂️Exhibitor must submit a completed Exhibitor Application.
🏃🏼Exhibitor must also complete the Buffalo Niagara Convention Center Internet Order Form if Exhibitor wishes to have internet access.
→Except as provided by applicable law, Buffalo Marathon may, at its sole discretion, accept or deny the Exhibitor Application for any reason whatsoever.
🏃🏼‍♂️Exhibitor must submit all payments set forth in the Exhibitor Application (“Booth Fees”) by May 1, 2025 (No exceptions).
🏃🏼Buffalo Marathon will only assign Exhibitor booth space after receiving Exhibitor’s completed Exhibitor Application and Booth Fees.
→Buffalo Marathon does not guarantee booth identification place cards or listing of the Exhibitor on the Buffalo Marathon website, in Buffalo Marathon event publications, or on social media if Booth Fees are received after May 1, 2025.
🏃🏼‍♂️Exhibitor may cancel this Agreement only by providing Buffalo Marathon with written notice.
→To cancel this Agreement without penalty, such written notice must be received by Buffalo Marathon on or before May 1, 2025.
→If this Agreement is canceled after May 9, 2025, Exhibitor will not be refunded any Booth Fees.
🏃🏼A specific booth location is not guaranteed.
🏃🏼‍♂️Buffalo Marathon will, at its sole discretion, assign a location that will best suit the Buffalo Marathon Health & Wellness Expo.
🏃🏼Booth assignment will be based on the order in which Booth Fees are received and whether the Buffalo Marathon has pre-approved in writing any specific booth location.
🏃🏼‍♂️Set up for the Buffalo Marathon Health & Wellness Expo will be on Friday, May 23, 2025, from 7:30am – 4:30pm.
🏃🏼Exhibitor set up times will be scheduled through the Expo Director, in his or her discretion.
→Approximately three weeks before the Expo, Exhibitor will receive a packet from the Expo Director with further instructions and information.

The Buffalo Marathon Health & Wellness Expo will be open on Saturday, May 24, 2025, from 8:00am – 6:00pm.
🏃🏼‍♂️Exhibitor must have booth space open and fully staffed during the entire time the Expo is open.
🏃🏼Exhibitor may not dismantle its booth prior to close of the Expo on Saturday, May 24, 2025, at 6:00pm; or Sunday, May 25, 2025, at 12:00pm/Noon.
🏃🏼‍♂️Exhibitor shall not exhibit any merchandise or services not specified in the Exhibitor Application without express prior written consent of Buffalo Marathon.
🏃🏼Exhibitor shall have all necessary licenses and permits for the sale and display of its merchandise or services, and Exhibitor will conduct itself at the Expo in full compliance with all applicable laws.
🏃🏼‍♂️Exhibitor may not trade, lease, sublet or otherwise transfer any portion of Exhibitor’s booth space (no booth sharing), and Exhibitor may only advertise, exhibit or demonstrate services that are Exhibitor’s own brand or standard product line and for which they have all necessary rights to display and offer for sale.
🏃🏼Buffalo Marathon reserves the right, at its sole discretion, to remove anything inappropriate, objectionable, or obstructive from Exhibitor’s booth, including without limitation materials, products, displays, or presentations of any sort. All merchandise, products, materials, displays and activity must be contained and arranged so as not to infringe upon the aisles, adjacent booths or extend in any way beyond the contracted booth space.

BUFFALO MARATHON MAKES NO WARRANTIES OR REPRESENTATIONS TO THE EXHIBITOR REGARDING THIS AGREEMENT, THE BUFFALO MARATHON HEALTH & WELLNESS EXPO, THE BOOTH BEING PROVIDED TO THE EXHIBITOR OR OTHERWISE.
→Without limiting the generality of the preceding sentence, Buffalo Marathon does not guarantee sales or any other results from Exhibitor’s establishing a booth at the Buffalo Marathon Health & Wellness Expo.
🏃🏼‍♂️Exhibitor must obtain the prior written approval of Buffalo Marathon before using canopies, tents, banners, music, audio or video displays. Approved use of canopies, tents, banners, music, audio or video displays must be presented so as not to disturb occupants and visitors of adjacent booths.
🏃🏼Exhibitor may not use any helium balloons, drones or other similar items at the Buffalo Marathon Health & Wellness Expo.
🏃🏼‍♂️Exhibitors must comply with the requirements of Buffalo Niagara Convention Center as described in Attachment A, plus any other requirements of the Buffalo Niagara Convention Center imposed after the Effective Date.
🏃🏼Exhibitor must provide Buffalo Marathon with evidence that it has obtained and maintains appropriate and sufficient insurance, with the minimum coverage and endorsements listed herein, to cover claims, damages, or losses of any kind incurred or suffered by Exhibitor or its employees, agents, representatives, Expo attendees, the Buffalo Marathon and its officers, directors, employees, contractors and agents or any other person or entity, relating to, or in connection with, the Buffalo Marathon and the Buffalo Marathon Health & Wellness Expo.
→The Exhibitor will not be allowed to display at the Expo without providing the certificates requested herein.
→Such insurance must cover, without limitation, all claims, damages, injuries, or losses of or regarding personal property damage or personal injury regardless of the cause thereof.
→CERTIFICATE OF INSURANCE MUST ALSO NAME "BUFFALO-ERIE MARATHON ASSOCIATION, INC." AS AN ADDITIONAL INSURED FOR THE SAME COVERAGE'S.
→Required insurance must include at least the following:
Commercial general liability insurance: $1million per occurrence, $2 million aggregate
Workers’ compensation insurance: As required by applicable law

🏃🏼‍♂️Exhibitor may not use the name Buffalo Marathon, its logo, or both, (or any derivative of such name or logo) for any commercial or other purpose, including but not limited to use on any merchandise for sale or giveaway, in Exhibitor’s promotional material, or on any displays without the express prior written consent of the Buffalo Marathon.
🏃🏼Exhibitor may not advertise products, services or itself stating or otherwise suggesting it is “official,” officially sanctioned, or endorsed by the Buffalo Marathon without the prior written consent of Buffalo Marathon.
🏃🏼‍♂️Exhibitor is solely responsible for security of all items in its booth and for insuring such items, during booth setup and all non-operational and operational hours of the Expo. Buffalo Niagara Convention Center’s security policy is provided in Attachment B. The Buffalo Marathon has no responsibility to enforce or otherwise relating to such policy or for any other security at the Expo.
🏃🏼Exhibitor assumes all responsibility for loss, theft or destruction of goods, or personal injuries to itself, its employees, agents, representatives or visitors.
🏃🏼‍♂️Exhibitor agrees to indemnify and hold harmless Buffalo Marathon, its board of directors, officers, employees, agents, volunteers, contractors, sponsors and Expo attendees from all claims arising from any act, omission or negligence of the Exhibitor, its employees, agents, or representatives or for the failure of the Exhibitor to perform any obligation under this Agreement.
🏃🏼Exhibitor must accept responsibility for any damage Exhibitor or Exhibitor’s agents cause to property of others at the Expo. Any such property shall be repaired or replaced at Exhibitor’s expense to the entire satisfaction of the owner(s) of the damaged property.

Miscellaneous:
🏃🏼‍♂️In the event of war, weather, utility failure, fire, terrorist attack, public catastrophe, strike, act of God, civil unrest or other cause not under the reasonable control of the Buffalo Marathon that prevents the Expo or any part thereof from being held, or otherwise adversely affects the Buffalo Marathon, the Buffalo Marathon shall, in its sole discretion, determine what refund, if any, is to be paid to Exhibitor.
🏃🏼This Agreement, and all attachments, bind Exhibitor in all respects and inure to the benefit of the Buffalo Marathon. Exhibitor must cause all its agents, servants, employees, and independent contractors to adhere to the provisions of this Agreement as applicable.
🏃🏼‍♂️If Exhibitor fails to perform any obligation under this Agreement, the Buffalo Marathon will be entitled to all rights and remedies under applicable law. Without limiting the generality of the preceding sentence, the Buffalo Marathon may, in its sole discretion, offset any amounts owing by the Exhibitor to the Buffalo Marathon (including, but not limited to, any damages for breach of contract) against any amounts owing by the Buffalo Marathon to the Exhibitor (including, but not limited to ,any refund of booth fees to which the Exhibitor may be entitled under applicable law).
🏃🏼This Agreement will be effective from the Effective Date until Exhibitor and Exhibitor’s materials have been fully removed from the Expo facility after the Expo and the Exhibitor’s booth area, including surrounding areas, are left broom clean; provided, however, that Sections 12, 16, 17, 19, 20, 21, and 22 through 28, plus any other term of this Agreement that is intended to survive the Expo, shall survive termination of this Agreement.
🏃🏼‍♂️The relationship between Exhibitor and Buffalo Marathon is that of independent contractors, and not agents, partners, employer/employee, or joint ventures. Neither party will have the right nor the ability to direct and/or control the day-to-day activities of the other party. No individual or entity is a third-party beneficiary of this Agreement.
🏃🏼This Agreement may be executed simultaneously in one or more counterparts. The Exhibitor accepts this Agreement by completing and submitting the Exhibitor Application, which may be submitted to Buffalo Marathon by email. Buffalo Marathon accepts this Agreement upon Exhibitor’s receipt of a writing (including email) confirming that Exhibitor’s Exhibitor Application for the Expo has been approved. Each counterpart will be deemed an original, and both of which together will constitute one and the same instrument.
🏃🏼‍♂️This Agreement and any exhibits, attachments, and other information referenced and incorporated herein contain the entire agreement between Buffalo Marathon and Exhibitor with respect to the subject matter of this Agreement and supersede each course of conduct and other conduct previously pursued, and each written or oral statement previously made, by any Party with respect to such subject matter. No amendment to this Agreement will be effective unless made in a writing duly executed by the Parties.
🏃🏼This Agreement will be governed by, and interpreted according to, the laws of the State of New York, without regard to principles of conflict of laws. Exhibitor agrees that any claim or dispute related in any manner to this Agreement or the Expo will be resolved by the federal or state courts in Buffalo, New York and agrees, and waives any right to object (including, but not limited to, any right to object that such courts are an inconvenient forum), to such courts being the proper venue for any such claim or dispute.
🏃🏼‍♂️Exhibitor must pay all sales and other taxes becoming due in connection with this Agreement, the use of a booth at the Expo or the sale of products or services at the Expo.

IF FOR ANY REASON THE BUFFALO MARATHON DOES NOT PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT, THE EXHIBITOR’S SOLE REMEDY WILL BE TO RECEIVE A RETURN OF ANY AMOUNTS PAID BY THE EXHIBITOR TO THE BUFFALO MARATHON FOR ITS BOOTH AT THE EXPO.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, IN NO EVENT WILL THE BUFFALO MARATHON BE LIABLE TO THE EXHIBITOR FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES.

Amenities

Prohibited Categories