Posted Tue, 09/01/2009 - 19:12 by admin
- Exhibitor agrees that access to the Exhibit Hall outside of business hours is restricted to selected Anime Central staff and individuals wearing special Exhibitor badges. Exhibitor agrees that access to the Exhibit Hall outside of Anime Central’s approved Exhibitor hours is restricted to select Anime Central Staff. Exhibitor also acknowledges that no individual will be allowed to sell merchandise without an Exhibitor badge.
- Exhibitor understands that the only place Exhibitor is authorized to conduct business during Anime Central 2012 is contracted booth(s) inside the Exhibit Hall. Any sale of merchandise by Exhibitor outside the Exhibit Hall without the express written consent of MAPS, and a displayed permit by MAPS, shall be grounds to consider the Exhibitor in default of this Contract.
- Exhibitor understands that space in the Exhibit Hall shall only be confirmed and registered only when full payment and this entire signed Contract are received by MAPS. The final cost of all Exhibit Space is determined by the postmarked date of the final and full remittance. NSF checks will be charged a $35 processing fee and another form of payment must be used such as a money order, cash or credit card.
- The rental fee for each booth in the Exhibit Hall is described under “Pricing.” Rental fees are refundable, less a 50% cancellation charge, provided that MAPS receives written notice of intent to cancel no fewer than 45 days prior to the first day of Anime Central 2012. Rental fees shall not be refundable under any circumstances, excepting terms listed within this section and as are otherwise provided in this Contract.
- Exhibitor must move into its assigned space in the Exhibit Hall at least 90 minutes before the stated opening of Anime Central 2012 to the public. In the event Exhibitor fails to occupy the space, MAPS shall have the right, without notice to Exhibitor, to use the unoccupied space to suit its own convenience, including renting said space to another Exhibitor without rebate or allowance due to the defaulting Exhibitor.
- MAPS assumes no responsibility for including the name of Exhibitor, or descriptions of its products or services, in the Anime Central Program Book, brochures, news releases, or other materials stated herein, and Exhibitor hereby irrevocably grants MAPS the right to use its name logo, and descriptions of Exhibitor’s products and services in any electronic or printed mediums used by MAPS to promote Anime Central 2012.
- Exhibitor shall not sublet or assign any portion of their rented space in the Exhibit Hall without the prior written consent of MAPS. Exhibitor understands that it is required to clearly and openly state the identity and purpose of any organization assigning or subletting any portion of the rented space in the Exhibitor information section of this Contract. If Exhibitor fails to comply it shall be grounds for default of this Contract by Exhibitor, and cause for immediate ejection from Exhibit Hall. In addition, Exhibitor agrees to be responsible for all activities or actions of any party subletting or otherwise assigned the space by Exhibitor. If prior written consent from MAPS is obtained, Exhibitor agrees to not sublet or assign any portion of their rented space beyond a one (1) ten (10) foot by ten (10) foot space. Finally, MAPS reserves the right to disallow or demand the ejection of any subleasing or assigning organization from the Exhibit Hall without notice to Exhibitor.
- Exhibitor shall be responsible for obtaining all documentation (licenses, permits, approvals, etc.) required by International, Federal, State, and local law, MAPS, or the RCC, applicable to its activities at Anime Central 2012. Failure to produce said documentation upon request by MAPS or RCC shall be grounds for default of this Contract by Exhibitor, and cause for immediate ejection from Exhibit Hall.
- Exhibitor shall be responsible for collecting, reporting, and remitting Illinois sales tax for any items or merchandise sold by Exhibitor at Anime Central 2012, in addition to obtaining the Illinois sales tax rate, and any local sales tax rates for any and all merchandise sold by Exhibitor at Anime Central 2012, and agrees to indemnify and hold MAPS harmless in any action arising from Exhibitor’s failure, to collect, report, and remit Federal, Illinois, and local sales tax for goods sold by Exhibitor at Anime Central 2012.
- If Exhibitor uses its own displays, Exhibitor agrees to be responsible for arranging and paying for all transfer and storage fees, all labor and equipment rental necessary to assemble and dismantle said display, and all costs related to moving said display in and out of the Exhibit Hall and the Anime Central 2012 site. All shipments by Exhibitor must be addressed as listed in the RES Exhibitor services packet.
- Exhibitor shall provide receipts for any and all sales made by Exhibitor at Anime Central 2012. Exhibitor understands that failure to provide a receipt with all sales will render inconclusive any accusations of retail theft made by Exhibitor against a suspected shoplifter, unless Exhibitor has some other means to mark a sale if a receipt is not given.
- Exhibitor is prohibited from selling, or making otherwise available certain kinds of merchandise (“Barred Merchandise”) at Anime Central 2012. If Exhibitor is found with any examples of the Barred Merchandise listed below, Exhibitor will be asked once to remove all Barred Merchandise from its inventory (this includes any additional items from the list that were not the subject of the initial complaint.). Any subsequent violations by Exhibitor following the initial warning by MAPS will result in immediate ejection of Exhibitor from the Exhibit Hall, and shall constitute grounds for Exhibitor’s default of this Contract.
Examples of Barred Merchandise shall include, but are not limited to:
- SonMay (SM) CDs Golden Apple CDs Ever Anime A8, Ever Anime GM, and Ever Anime Best Song Collections CDs Golden Anime CDs GGG Anime Soundtrack CDs Game Music brand CDs
- ANY Pins, Wall Scrolls, Models (Resin or Vinyl kits), Decals, Stickers and Posters which are not properly marked and labeled with the appropriate copyright information.
- ANY Final Fantasy and Kingdom Hearts Blades, Gun Blades, Buster Blades, Buster Swords, Key Blades, Key Swords, and Swords or Sword like items from Final Fantasy and Kingdom Hearts.
- ANY Switch Blades.
- ANY Airsoft ammo, BBs, pellets.
- ANY themed apparel from an unlicensed work (hats, headbands, etc….).
- ANY plush, hats, plush hats, or plush type materials that do not contain a Tush Tag and a Swing Tag from a licensed work.
- ANY products with a JAN Code that has fewer or more digits than (13) thirteen digits.
- ANY goods or services deemed illegal under the laws of the United States of America, the State of Illinois, and the City of Rosemont, Illinois, and International Copyright Law.
- ANY paraphernalia that may be used for illegal substances. (Glass pipes, water pipes, etc.)
- ANY food, drink, snack, or edible items distributed for sale or free (Exhibitor understands that due to RCC’s catering contract, Exhibitor may not make available any food, drink, snack item, or ingestible product or substance for sale or give-away at Anime Central 2012).
- Exhibitor agrees that the sale of all weapons will be restricted to persons of age 18 or older and that they are responsible for verification of age before any sale. Exhibitor also agrees to wrap the sold item securely and will notify purchaser that they must take any weapons directly to their hotel room or vehicle, upon exit of the Exhibit Hall. MAPS reserves the right to ban or restrict the sale of weapons or weapon-like merchandise at any time during Anime Central 2012. Exhibitor agrees that the sale of any and all weapons can only take place in rows 500-1500. Failure to comply with this rule will result in immediate expulsion of the offending Exhibitor from the Exhibit Hall.
- Exhibitor agrees that the handling, viewing, and sale of adult-themed merchandise will be restricted to persons of age 18 or older and that they are responsible for verification of age before any sale. Exhibitor also agrees to bag/package said merchandise in an opaque bag upon sale. In addition, adult-themed merchandise must be displayed in a manner that restricts access from the general public. MAPS reserves the right to ban or restrict the sale of adult-themed merchandise at any time during Anime Central 2012. Exhibitor agrees that the sale of any and all adult-themed merchandise can only take place in rows 700-1500. Failure to comply with this rule will result in immediate expulsion of the offending Exhibitor from the Exhibit Hall.
- Exhibitor agrees to fully disclose all merchandise types on the Exhibitor Application and understands that Exhibitor’s failure to disclose restricted item types (weapons, weapon reproductions, adult-themed merchandise, or airsofts) on the Exhibitor Application will result in Exhibitor not being permitted to sell those items at Anime Central 2012.
- Exhibitor agrees to fully disclose all items in a visual manner that are placed in any container, upon request by MAPS or an Exhibit Space Manager.
- Exhibitor agrees that all demonstrations, displays, and all other Exhibitor- sponsored activities will be confined to the limits of Exhibitor’s booth. Aisles may not be obstructed at any time, nor are there to be any activities that may result in congestion of aisle traffic.
- Exhibitor understands that no mechanical, electrical, or other apparatus will be allowed to create noise or otherwise interfere with other exhibitors in any way as solely determined by MAPS. Exhibitor agrees that no generator that supplies electrical power will be permitted in the hall. Failure of Exhibitor to regulate such apparatuses when so asked by MAPS will result in Exhibitor being ejected from the Exhibit Hall.
- Exhibitor understands that no-one is allowed in the Exhibit Hall after hours. All needed items must be taken out with the Exhibitor before the Exhibit Hall closes. Exhibitor will be granted a one (1) hour time period prior to, and after, the operating hours of the Exhibit Hall for restocking and general booth maintenance.
- MAPS reserves the right to require Exhibitor to remove items from public display and or sale if they are deemed unsuitable to the standards set by MAPS.
- MAPS reserves the right to refuse to rent booths to Exhibitor. In the event that this occurs, Exhibitor will be notified at least thirty (30) days before the first day of Anime Central 2012, and is entitled to a full refund of the rental fee.
- MAPS reserves the right to rearrange booth and Exhibitor locations within the Exhibit Hall at the discretion of MAPS. MAPS’s decisions regarding Exhibitor’s space shall be final and binding.
- Exhibitor recognizes that ultimate approval of any and all displays or merchandise is subject to MAPS’ discretion, and any decisions so rendered are binding and final.
- Exhibitor recognizes that beyond this Contract, all memberships to Anime Central 2012, regardless of status (attendee or Exhibitor), are subject to the listed rules and regulations governing attendance and membership of Anime Central 2012 (see 2012 Program Guide for list of attendee rules and regulations).
- Exhibitor agrees to be responsible for, indemnify, and hold MAPS, the RCC, and their officers, employees, agents, affiliates and representatives, harmless from any and all claims of any nature, losses, damages, costs, expenses (including attorneys fees), personal injury, death, and/or any other claims arising from or related to any act or omission by the Exhibitor or his/her property, agents, representatives or employees in contravention of its obligations under this Contract or any applicable law governing Exhibitor’s activities at the Anime Central 2012.
- Exhibitor agrees to be responsible for, indemnify, and hold MAPS its officers, employees, agents, affiliates and representatives, harmless in case of theft of the Exhibitor’s property both during business hours and after hours.
- Exhibitor understands that in the event that MAPS or RCC shall be held liable for any reason that might result from Exhibitor’s action or failure to act, said Exhibitor agrees to reimburse MAPS and/or RCC for all costs and liability resulting there from, including reasonable attorneys fees. MAPS reserves the right to close Exhibitor’s exhibit whenever it is deemed necessary by MAPS for the safety or comfort of those attending Anime Central 2012; whenever Exhibitor’s exhibit, activity, or material sold is determined by MAPS to be objectionable or offensive to the average person attending Anime Central 2012; whenever legal conditions, convention policies, or requirements of RCC so dictate; and whenever portions of RCC are destroyed or damaged. Likewise, MAPS reserves the right to cancel arrangements, contracts, or exhibits if Anime Central 2012 fails to take place as scheduled, is interrupted and/or discontinued, or access to the premises is prevented or interfered with by reason of any strike, lock out, act of war, act of God, emergency declared by a government agency or Anime Central Event Management, or for any other reason that terminates this Contract. In the event of such termination, Exhibitor agrees to waive all claims of damages and agrees that the sole liability of MAPS shall be the display space rental fee paid, less a pro rata portion of all costs and expenses incurred and committed to, by MAPS.
- No course of dealing or failure of any party to enforce strictly any term of this Contract shall be construed as a waiver of such term, or shall deprive the party of the right thereafter to strictly enforce such term.
- If any part of this Contract is held unenforceable or invalid or prohibited under law, it shall be stricken from this Contract and shall not affect the enforceability of the other parts of this Contract.
- The attached Exhibitor Application, by this reference, is hereby incorporated in and made a part of this Contract.
- This Contract shall be interpreted in accordance with the laws of the State of Illinois.
- Exhibitor agrees that all matters and questions not covered by this Contract are subject to the discretion of MAPS and/or the Anime Central 2012 Event Management. Exhibitor agrees to abide by, and conform to, all additional rules and regulations as are adopted or prescribed by MAPS from time to time for the management of Anime Central 2012 and the Exhibit Hall. Exhibitor acknowledges that it has read this Contract, and expressly agrees to abide by the terms and conditions set forth herein. Exhibitor’s failure to read this Contract prior to signing shall constitute grounds for default. Exhibitor acknowledges the right of MAPS to revoke this Contract in the event Exhibitor is found in default of any terms or conditions set forth herein. In the event of default by Exhibitor, MAPS may do any or all of the following: a) Provide a prorated refund of the cost of the booth(s) and/or “Exhibitor” badges. b) Require the Exhibitor to remove any and all merchandise from his/her booth(s). c) Confiscate any “Exhibitor” badges issued to the Exhibitor. d) Deem any “Exhibitor” badges issued to that Exhibitor to be null and void. e) Ban the Exhibitor from any other events sponsored by MAPS.