This agreement is made between Plantasia, hereinafter referred to as Management, and the applicant, hereinafter referred to as Lessee. This agreement is conditional upon its receipt by management along with deposit and full payment as listed on application. Payment in full, current certificate of insurance and NYS Sales Tax Certificate (if applicable) are all required to be submitted by February 16, 2026 or Lessee jeopardizes participation in Plantasia.
The Lessee releases and agrees to defend, indemnify and save Management harmless from and against all losses, costs, liabilities, expenses and claims for damages and injuries, including death to persons or property resulting from any cause whatsoever relating to or in any way referable to the privilege referred to within the lease and agrees Management shall not be liable in any way to the Lessee or his agents, servant or employees on account of any such damage or injury thereof from any cause whatsoever. This agreement shall be construed as having been made in the State of New York and the laws of said State of New York shall be applicable to its interpretation and enforcement. This instrument, including all rules, regulations and terms indicated on the reverse side hereof, constitutes the entire agreement between the parties and no agent or employee of either party is authorized to make orally any addition thereto or modification thereof. In the event that by unavoidable casualty, including fire, water, windstorm, cyclone, hurricane, earthquake or causes arising from supervening and uncontrollable force or accident, the use, benefit or enjoyment by the Lessee of all or part of the Management's buildings or grounds, shall be interfered with or diminished, Management shall not be obligated to the Lessee to provide other buildings, grounds or facilities, nor to return to the Lessee all or any part of the lease fee above provided for, nor shall the Lessee be entitled to recover from Management any part or all of such lease fee for any damage whatsoever by reason of the occurrence of any of the foregoing. The determination by Management, whether and unavoidable casualty, within the meaning of those words as employed in this paragraph, has occurred, and whether the use, benefit or enjoyment by the Lessee of the Management's buildings and grounds, or either of them, has hereby been interfered with or diminished, shall be conclusive and binding on the parties hereto.
THIS LEASE IS REVOCABLE AT ANY TIME BY MANAGEMENT WITHOUT LIABILITY FOR DIRECT OR CONSEQUENTIAL DAMAGES TO THE LESSEE. THIS AGREEMENT IS NOT SUBJECT TO CANCELLATION OR REVOCATION BY THE LESSEE. THIS LEASE IS SUBJECT TO ALL THE RULES, REGULATIONS AND TERMS LISTED AND THE UNDERSIGNED ACKNOWLEDGES THEY HAVE READ AND ACCEPT SUCH CONDITIONS
MANAGEMENT RULES AND REGULATIONS
NEW YORK STATE SALES TAX CERTIFICATE. ALL VENDORS selling merchandise must forward a copy of a New York State Sales Tax Certificate (Contact 518-485-2889 or www.tax.ny.gov – Register as a Sales Tax Vendor) Please email (membership@plantwny.com) or mail to Plantasia (address listed below) and display original at your booth.
LIABILITY INSURANCE. Every Exhibitor is to provide a current certificate of Public Liability Insurance protecting against liability for Bodily Injury and Property Damage in limits of $1,000,000 each occurrence, $1,000,000 General Aggregate and $1,000,000 Products Liability with the Western New York State Nursery and Landscape Association, Inc. (DBA PLANT WNY) and the Erie County Agricultural Society, Inc. as additional insured. (see Sample Certificate)
ETHICAL PRACTICES. The Lessee agrees to exercise this lease agreement without infringement upon the rights of others, to handle or sell no commodity for which an exclusive right has been granted to others, nor to engage in any business, sell or distribute any commodity except as expressly stipulated in the lease, and to confine all his operations to the space described on this agreement and not in any way operate in the aisles or in such a manner as to be a nuisance or annoyance to the public or to other exhibitors. The Lessee further agrees not to distribute or sell anything which in the judgement of Management is unwholesome or detrimental to health or which is designed to be misleading as to its contents or use, or contrary to law or public morals, or in conflict with the established medical or legal practices, or which attacks established religions, or is subversive to the United States Government, or do any other thing not in accordance with the law and the highest business or professional ethics. Management reserves the right to prohibit the sale or distribution of any item or merchandise or printed matter which in the opinion of Management is not in the best public interest, or which is not keeping with the aims and purposes of Management.
PLACEMENT AND OPERATION OF EXHIBITS. Management reserves the right to exclude any exhibit not ready and in place at the time and date mentioned. During the official open hours of each day, all exhibits must be open to the public and in the charge of a competent attendant. For security reasons, exhibitors must leave the building in which their exhibits are located within 30 minutes after the public has left at closing time each night.
CHARACTER AND ARRANGEMENT OF EXHIBITS. Management reserves the right to reject any exhibitor or proposed exhibit. Arrangement of exhibits must be such as not to obstruct the view of other exhibits. All decorations must be flameproof. Sound devices or radio broadcasting facilities cannot be used without specific written permission from Management. For exhibits located in buildings, floor coverings must not be sealed to the concrete floor and must be removed at the close of the event. Partitions or signs placed around or made a part of any exhibit shall not be more than eight feet high and shall not extend beyond the space allotted. When such partitions are used, they must be neatly backed in such a manner as not to detract from the appearance of space occupied by adjoining exhibitors and must be acceptable by Management. Exhibits located adjacent to building perimeters are permitted to extend a partition and/or sign half the depth of exhibit area from an existing wall with no height limitations. The remaining front portion of exhibit area may not extend over four feet in height.
SIGNS. All signs and the placing thereof must meet the approval of Management. No signage on overhangs.
INDUCEMENTS. A Lessee offering any article, merchandise or other thing disposed of by the drawing of lots or use of tickets as a gift or inducement must comply with the New York State laws and have written permission from Management. Management requires that any such gift or inducement must be that which is normally manufactured and/or sold by the Lessee and that notification, in list form, of winners (names and addresses) be sent to Management within seven days after the event. No Lessee shall sell or otherwise dispose of raffle ticket coupon or voucher entitling the recipient to benefit from any game of chance nor is the Lessee permitted to solicit for donations of any kind.
COMPLIANCE WITH LAWS ON EMPLOYMENT. Lessee shall furnish to Management certification satisfactory to management that full Worker's Compensation Insurance coverage in accordance with all applicable laws of the State of New York and covering persons employed by Lessee, has been obtained by Lessee, prior to Lessee's entry onto the premises hereunder, Lessee shall be solely and absolutely responsible for compliance with all applicable laws, regulations and rules concerning employment, whether municipal, state, or federal. Lessee hereby agrees and covenants and undertakes to save and keep Management harmless from and against any and all loss, cost, expense, liability, or damage, and any and all claims, demands, or liabilities by or to any and all employees of Lessee or others, on account of or occasioned by Lessee's operations hereunder.
FIRE REGULATIONS. No gasoline or propane, in any form or manner will be permitted in or adjacent to exhibition buildings. No Lessee shall use open flame, inflammable liquid, compounds, propane or other inflammable substances, compressed gas or oil burning equipment without first obtaining the written permission of Management and the Fire Department. All propane and propane tanks must be provided only by a vendor which Management has approved.
CARE OF EXHIBIT. Lessee will care for Lessee's own exhibit to make sure that the leased area is kept clean. Lessee shall ensure that all employees and agents are at all times cleanly and neatly clad, orderly and polite in their conduct and speech. All property of the Lessee and others shall be at their sole risk and Management shall not be responsible in any way for any loss of or damage to such property.
RELEASE AND REMOVAL OF EXHIBITS. No exhibitor or part of exhibit shall be removed before permission is granted from Management both during and at closing of event. All exhibits and exhibit material must be removed at the closing of the event and any items or structures remaining after the close of the event shall become the property of Management without further notice. It is agreed that this provision shall not be construed as a penalty but as agreed damages for use, occupancy, trouble and expense incident to Lessee's failure to remove the structures. Lessee is to provide proper credentials and to give a written order to the persons in charge of the removal of their exhibit from buildings and premises. No goods exhibited shall be sold for delivery during event without written permission from Management. No goods or exhibits shall be removed until all indebtedness due to official services has been fully paid and a release secured from Management.
DELIVERIES. Deliveries to the Lessee on the grounds of Management shall be made only in accordance with schedules and rules established by Management. All vehicles are subject to inspection by Management.
REFUSE. Lessee is responsible for the cleanup of their area after event closing. At the end of the term of use, Lessee will clean the Premises so that the Premises shall be in substantially the same conditions as they were immediately prior to the beginning of the term of use. If Lessee fails to comply they may be liable to Management for all expenses incurred in cleaning the Premises and other wise restoring the Premises to such condition.
PASSES. It is hereby agreed that passes issued to Lessee are solely for use of manning exhibits and are not to be sold or transferred under any circumstances.
ADDITIONAL RULES AND REGULATIONS. Additional rules and regulations of Management are deemed a part of this agreement including the Plantasia Handbook found on-line at www.plantasiany.com and set-up/tear down rules that will be forthcoming.
