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PASADENA CONVENTION CENTER // MARCH 10TH-12TH 2023 // PASADENA,TX

PASADENA CONVENTION CENTER //
MARCH 10TH-12TH 2023 // PASADENA,TX

EXHIBITOR CONTRACT

Please carefully read the following and select “I have read and agree to the above terms.” at the bottom of this text. 

The company, its employees and agents, as described filled out by applicant on this application, is herein referred to as Exhibitor. ANIMEVERSE EXPO, the show management, is herein referred to as ANIMEVERSE EXPO The show itself, is herein referred to as the Exhibition.

The actual occupancy of the space taken by Exhibitor is of the essence of this License. If Exhibitor does not occupy such space, ANIMEVERSE EXPO is authorized to occupy such space or to cause such space to be occupied as ANIMEVERSE EXPO deems in the best interest of the Exhibition without in any way releasing an exhibitor from any liability hereunder. ANIMEVERSE EXPO reserves the right to relocate Exhibitor. It is further agreed that the conditions, rules and regulations printed on this License or any attachments hereto, and in the exhibitors’ manual, as any of such, may be amended from time to time, are made a part hereof as though fully incorporated herein, and Exhibitor agrees to be bound by such. Carefully read the “Cancellation Policy” to ensure you fully understand your rights and financial obligations. This 

The policy will be strictly enforced.

Contract Acceptance: This contract shall become binding and effective when Exhibitor purchases booth space for the Event.

1.Cancellation Policy. In the event Exhibitor seeks to cancel this License or withdraw from the Exhibition, Exhibitor may only do so by giving written notice to ANIMEVERSE EXPO, by certified mail, return receipt requested. The date of cancellation, withdrawal or downsize in space as applicable shall be the postmark date on the notice. Cancellation 90 days or more before the date of the Exhibition entitles you to a refund amounting to 50% of your total payment. Cancellation within 90 days or less of the date of the Exhibition, your entire payment is forfeited, and no refund shall be due.

2.Exhibits & Material. Exhibits will be limited to those companies or other entities offering materials, products, or services of specific interest to registrants. ANIMEVERSE EXPO reserves the right to determine the eligibility of any product for display. Exhibiting manufacturer’s representatives and/or distributors must list its participating principals as the exhibitors of record. Only the sign of Exhibitor may be placed on the booth or in the printed list of exhibitors of the Exhibition. No exhibitors or advertising will be allowed to extend beyond the space allotted to Exhibitor, or above the back and side rails of such space. Exhibitor agrees not to sell or distribute any adult material to minors. All “Adults Only” material must be either behind the table or, if displayed on a table or display rack, bagged and covered so that minors may not open it. Any adult material depicting nudity must be “blinded” (i.e. the nudity or sexual conduct must be covered). Adult videos and magazines are not to be displayed openly. A sign may be posted to let customers know that you carry such merchandise. ANIMEVERSE EXPO does not allow bootleg or counterfeit materials of any kind. Possession or sale of these materials is at your own risk. Exhibitor agrees that its exhibit shall be admitted and shall remain from day today solely by strict compliance with these rules. ANIMEVERSE EXPO reserves the right to reject, eject, or prohibit any exhibit in whole or in part, or Exhibitor or any of Exhibitor’s representatives upon ANIMEVERSE EXPO ‘ good faith determination that the same is not in accordance with these rules and regulations.

3.Limitation of Liability. Exhibitor agrees to indemnify and hold harmless ANIMEVERSE EXPO  and the sponsor, owner, exhibition hall facility, and city in which this Exhibition is being held, and each of their respective officers, agents and employees, against all claims, losses, suits, damages, judgments, expenses, costs (including, without limitation, reasonable legal fees) and charges of every kind arising out of or resulting from its execution of this License or its occupancy of the space herein contracted for by reason of personal injuries, death, property damages or any other cause sustained by any persons or others. ANIMEVERSE EXPO shall not be responsible for loss or damage to displays or goods belonging to Exhibitor, whether resulting from fire, storms, acts of God, air conditioning or heating failure, theft, pilferage, mysterious disappearance, bomb threats or other causes. All such items brought to the Exhibition are displayed at Exhibitor’s own risk, and should be safeguarded at all times. ANIMEVERSE EXPO will provide the services of a reputable protective agency during the period of installation, show, and dismantling, and Exhibitor agrees that the provision of such services constitutes an adequate discharge of all obligations of ANIMEVERSE EXPO to supervise and protect Exhibitor’s property within the Exhibition. Exhibitors may furnish additional guards at their own cost and expense, only with prior approval by ANIMEVERSE EXPO. Exhibitor agrees that ANIMEVERSE EXPO shall not be liable in the event of any errors or omissions in Exhibitor’s Official Directory listings or in any promotional material. ANIMEVERSE EXPO makes no representations or warranties with respect to the number of Exhibition attendees or the demographic nature of such attendees.

4.Assumption of Risk. Assumption of Risks Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, business or profits of Exhibitor, whether caused by negligence, intentional act, accident, or otherwise. The exhibitor has sole responsibility for its property or any theft, damage or other loss to such property. Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby fully and forever release and discharge the Organizer and the Exhibit Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives and attorneys, and predecessors, assignees, and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys’ fees, losses, expenses and liabilities whatsoever, in law, equity or otherwise (collectively “Claims”) which either may now have or have had or which may hereafter accrue, individually, collectively or otherwise in connection with, relating to or arising out of Exhibitor’s participation and/or presence in the Event. Exhibitor acknowledges that there is a possibility that subsequent to the execution of this contract, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this contract was executed, and which if known by it at that time may have materially affected its decision to execute this contract. Exhibitor acknowledges and agrees that by reason of this contract, and the releases contained in this Section 3, it is assuming any risk of such unknown facts and such unknown and unsuspected claims. This release shall constitute a full release in accordance with its terms.

5.Indemnification. Indemnification Exhibitor shall on a current basis, indemnify, defend (with legal counsel satisfactory to ANIMEVERSE EXPO  in its sole discretion) and hold Organizer and the Exhibit Facility harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees, and expenses, which result from or arise out of or in connection with (a) Exhibitors’ participation or presence at the Event; (b) any breach by Exhibitor of any agreements, covenants, promises or other obligations under this contract; (c) any matter for which Exhibitor is otherwise responsible under the terms of this contract; (d) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (e) any libel, slander, defamation or similar claims resulting from the actions of Exhibitor; (f) harm or injury (including death) to Exhibitor; and (g) loss or damage to property or the business or profits of Exhibitor, whether caused by negligence, intentional act, accident, theft, mysterious disappearance or otherwise. Exhibitor shall not settle or compromise any claims against Organizer without the Organizer’s prior written consent.

6.Default. If Exhibitor’s booth is not occupied by the time set for completion of the installation of displays, such space may be possessed by ANIMEVERSE EXPO for any purpose it may see fit. If Exhibitor breaches any of its obligations or covenants under this License, including without limitation any Exhibition rule or regulation promulgated pursuant to this License, ANIMEVERSE EXPO may, without notice, terminate this License. In the event of such default, ANIMEVERSE EXPO may thereupon direct Exhibitor forthwith to remove its employees, agents or servants, and all its articles of merchandise and other personal property from the space licensed and from the Exhibition Hall. Your payment will be subsequently forfeited.

7.Sub-Licensing/ Booth Usage. Exhibitor shall not sub-license, assign or otherwise permit any person to occupy, Exhibitor’s booth, or any part thereof, or use the booth for the exhibition of anything not specified in this License. Exhibitor may not permit non-exhibiting companies’ representatives to conduct business in its booth without the express written permission of ANIMEVERSE EXPO. In the case of multiple parties sharing one exhibit space, the person whose name appears of this contract assumes full responsibility for that space as specified here.  ANIMEVERSE EXPO rulings in its sole discretion shall in all instances be final regarding use of any exhibit space.

8.Damage to Property. Exhibitor is liable for any damage caused to building floors, walls or columns, or to standard booth equipment, or to other exhibitors’ property. Exhibitor may not apply paint, lacquer, adhesives, or other coatings to building columns and floors or to standard booth equipment.

9.Special Services. Electricity, internet, telephone, as well as other special services needed by individual exhibitors, are provided only when the exhibitor orders and agrees to pay for them directly to the persons authorized to supply such services in conformity with the city, insurance, and other requirements.

 10.Booth Representatives. Booth representatives shall always wear badges and wrist band identification furnished by ANIMEVERSE EXPO may at any time limit the number of booth representatives. All booths must be staffed by Exhibitor during all the hours the show is open, as well as during setup and take-down. ANIMEVERSE EXPO along Exhibition Staff may remove representatives at their discretion if badges are not presented. EXHIBITORS WITHOUT BOTH BADGE AND NON-REMOVABLE WRIST BAND WILL BE ASKED TO LEAVE.

11.Electrical Safety. All wiring on displays or display fixtures must conform to the applicable standards established by various governmental agencies and standard fire inspection ordinances. All display wiring must exhibit the seal and/or such other seals of official approving agencies as may be required at the site of the Exhibition.

12.Safety, Lighting and Fire Laws. All applicable fire and safety laws and regulations must be strictly observed by Exhibitor. Cloth decorations must be flameproof. Wiring must comply with local Fire Department and Underwriters’ Rules. Smoking in exhibits is forbidden. Crowding will be restricted, and aisles and fire exits must not be blocked by exhibits. No decorations of paper, pine boughs, leafy decorations or tree branches are allowed. Acetate and most rayon drapes are not flameproof and may be prohibited. Do not encroach on any aisles that border your booth. Fire Extinguishers, Hose Cabinets, Fire Exits or Fire Alarms cannot be blocked or covered. All decorations must be flame retardant or FR rated. They are subject to a random flame test by the Fire Marshal. Acceptable materials will not hold a flame. Materials can be manufacturer certified or may be treated with a flame retardant. Woodless than one-quarter inch thick must be treated. In most cases, floor coverings are the exception. Table coverings are excepted if they do not overhang the table more than six inches. Booth storage is allowed as follows:

  1. Cardboard boxes, packing materials, waste, and debris must be removed prior to the start of the show and kept picked up during the show.
  2. All areas are inspected periodically.
  3. Boxed brochures, product and sales material storage may be allowed if kept tight, orderly and not stored behind the back of your booth. All extension cords must be a minimum of 14-gauge, 3 wire, and ground. Ties or cable clamps must be used when running cord. Lightweight extension cords or “zip cords” are strictly not allowed. Power strips are approved for additional outlet plugs (Cube tabs are not allowed and power strips cannot be “daisy-chained”). Cords, plugs, and strips must have UL labeling Lighting must be UL labeled and used consistent with the design.

 13.Performance of Music and Sound Regulations. Exhibitor acknowledges that any live or recorded performances of music by or one behalf of Exhibitor at the Exhibition must be licensed from the appropriate copyright owner or its agent. ANIMEVERSE EXPO does not obtain ASCAP/BMI licensing that will allow the use of living or recorded music in your booth or table. Exhibitors interested in playing copyrighted music must notify us in writing and obtain the proper licensing from BMI at (800) 366-4264 and ASCAP at (212) 621-6000. Exhibitor warrants to ANIMEVERSE EXPO that it will take full responsibility for obtaining any necessary licenses to play or perform such music and agrees to defend, indemnify and hold harmless ANIMEVERSE EXPO from any damages or expenses incurred by ANIMEVERSE EXPO due to Exhibitor’s use or authorization of use of such music. Mechanical or electrical devices which produce sound must be operated so as not to disturb other exhibitors. ANIMEVERSE EXPO Reserves the right to determine the placement and acceptable sound level of all such devices and may determine at what point sound constitutes interference with others and must be discontinued. Sound Advertisements Sound of any kind must not be projected outside of the exhibit booth. Exhibitors are specifically prohibited from employing any carnival-type attraction and from operating such noise-creating devices as bells, horns or megaphones. ANIMEVERSE EXPO reserves the right to determine sound interference with others and Exhibitor shall comply with any request by ANIMEVERSE EXPO to discontinue any such sound or music.

14.Personnel and Attire. ANIMEVERSE EXPO reserves the right to determine whether the character and/or attire of booth personnel are acceptable for attendees.

15.Resolution of Disputes. In the event of a dispute or disagreement between Exhibitor and an official contractor, or between Exhibitor and a Labor Union or Labor Union Representative, or between two or more exhibitors, all interpretations of the rules governing the Exhibition, actions, or decisions concerning this dispute or disagreement by ANIMEVERSE EXPO intended to resolve the dispute or disagreement shall be binding on Exhibitor.

16.Governing Law. This contract is governed by the laws of the State of Texas as applied to contracts entered and entirely performed within such state. Exhibitor agrees that the courts located in the State of Texas shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this contract or the breach of any provision of this contract. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in Plano, Texas.

17.Care and Removal of Exhibits. ANIMEVERSE EXPO will maintain the cleanliness of all aisles. Booths who violate the boundaries of which they occupy will be asked to adjust their table. If space cannot be adjusted vendor may be asked to downside booth or removed altogether. Exhibitor must, at its own expense, keep exhibits clean and in good order. All exhibits must remain fully intact until the Exhibition has officially ended. Disturbing or tearing down an exhibit prior to the official closing hour of the Exhibition can result in a refusal by ANIMEVERSE EXPO to accept or process exhibit space applications for subsequent exhibitions. Exhibits must be removed from the building by the time specified in the move-in requirements. In the event Exhibitor fails to remove its exhibit in the allotted time, ANIMEVERSE EXPO reserves the right, at Exhibitor’s expense, to ship the exhibit through a carrier of ANIMEVERSE EXPO’s choosing or to place the exhibit in a storage warehouse subject to Exhibitor’s disposition or to make such other disposition of the exhibit as it may deem desirable without any liability to ANIMEVERSE EXPO.

18.Insurance. Exhibitor is advised to see that its regular company insurance includes extraterritorial coverage, and that it has its own theft, public liability, and property damage insurance.

19.Tax Identification Taxes and Licenses Exhibitor shall obtain any licenses, permits or approvals under federal, state or local law applicable to its activities at the Event at its sole expense. Exhibitor shall obtain any necessary tax identification numbers and permits and for paying all taxes, license fees, use fees, or other fees, charges, levies or penalties that become due to any governmental authority in connection with its activities at the Event. Exhibitors must carry tax identification and have this identification with them the days of business. It is required by Texas Law that all sellers have an active Texas Sales Tax Permit. Your Texas Sales Tax I.D. number must be provided the Texas Comptroller upon request. If your Texas Sales Tax Permit is inactive you are required to update it prior to selling at the event. Texas law requires an 8.25% sales tax be charged on purchases made inside the state.

20.Amendment to Rules. Any matters not specifically covered by the preceding rules shall be subject solely to the decision of ANIMEVERSE EXPO. The ANIMEVERSE EXPO shall have full power in the matter of interpretation, amendment, and enforcement of all said rules and regulations. ANIMEVERSE EXPO may adopt rules or regulations from time to time governing such matters and may amend or revoke them at any time, upon reasonable notice to Exhibitor. Any such rules and regulations (whether included in an Exhibitor Guide or similar document) are an integral part of this contract and are incorporated herein by reference and shall have the full force and effect as if such rules and regulations are fully set forth herein. Exhibitor shall observe and abide by additional regulations made by ANIMEVERSE EXPO as soon as these additional rules or regulations are communicated to Exhibitor.

21.Integration of License. This License contains the entire agreement between ANIMEVERSE EXPO and Exhibitor. It may not be orally modified. Only an agreement in writing signed by a duly authorized representative of the party against whom enforcement of any waiver or modification is sought will be enforceable. Less than one-quarter inch thick must be treated. In most cases, floorcoverings are the exception. Table coverings are excepted if they do.

22.Exclusivity. Exhibitor acknowledges that ANIMEVERSE EXPO grant no terms of exclusivity or other licensing agreement to Exhibitor Booth.

23.Exhibitor Transparency. Exhibitor agrees that it will describe items being sold to the best of their knowledge Artist Tables: Exhibitor agrees that at least 90% of the table is original created art. Any descriptions found to be intentionally incorrect will forfeit space pending review. NO REFUND WILL BE GIVEN

 

 

Signature: EXECUTED AND AGREED AT PURCHASE

Date: PURCHASE DATE