The terms and conditions set out below explain the agreement and expectations Alamo City Comic Con (“ACCC”), its respective officers, directors, staff, affiliates, representatives, employees and volunteers, have of its artists, vendors, persons, and all third parties/dealers that will conduct business on site as exhibitors at a booth/table during the convention.
FAILURE TO COMPLY WITH THESE TERMS AND POLICIES WILL RESULT IN FORFEITURE OF ALL FEES PAID, REMOVAL FROM THE CONVENTION, A BAN FROM ALL FUTURE ALAMO CITY COMIC CON ACTIVITIES, AND POSSIBLE INCARCERATION.
ALL PESONS THAT WILL BE SELLING MERCHANDISE ARE REQUIRED TO HAVE A STATE OF TEXAS SALES TAX PERMIT. THE TEXAS STATE I.D. NUMBER MUST BE PROVIDED TO ALAMO CITY COMIC CON AT THE TIME OF APPLICATION SUBMISSION.
The term “exhibitor” will refer to all persons, artists, vendors, and dealers with an assigned booth space at the convention.
“Artists” are defined as individuals and entities that create and sell original comic book property merchandise.
“Vendors” and “dealers” are defined as individuals and entities that sell commercially produced retail items, which may include comic book properties, real or virtual, and are not limited to selling original items that were created by hand.
“Cosplayers” are defined as persons that engage in the art or practice of wearing costumes to portray characters from fiction, ranging from manga, animation, science fiction, and general pop culture.
The term “booths” will refer to all space purchased by persons, artists, vendors, and dealers to promote and conduct their retail business.
“Fan tables” will refer to all space that is provided to persons, companies, artists, vendors, dealers, or cosplayers that will engage in business at ACCC, which may or may not involve any exchange of money, currency, goods, and/or services.
ASSUMPTION OF RISKS
Exhibitors expressly assume all risks associated with, resulting from or arising in connection with their participation or presence at ACCC and the Henry B. Gonzalez Convention Center, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, business or profits of artist/vendor/dealer, whether caused by negligence, intentional act, accident, act of God or otherwise.
Booth placements are NOT GUARANTEED, and will be made at the discretion of convention organizers ONLY. Booth assignments are subject to change at any time and can be communicated on the convention floor by ACCC.
Partial payments through April 1, 2017 will guarantee a booth, but not a booth assignment. If full payment is not received by April 30, 2017, then forfeiture of moneys paid will occur and no booth will be provided at ACCC.
Only ACCC has the authority to transfer or trade table space with any other entity. Any trades or transfers may be requested to ACCC in writing and must be received by April 1, 2017. Additional fees may apply.
If booth spaces will be split, please contact us at firstname.lastname@example.org no later than April 1, 2017.
All self-built displays or additions for tables/booths must be pre-approved by ACCC. All structures (racks, back tops, etc.) that create enclosed walls are NOT permitted on or around the tables.
Use of aisles and common areas, distribution of samples and printed matter of any kind, and any promotional material is restricted to the exhibit booth. All exhibits shall display products or services in a tasteful manner as determined in ACCC’s sole discretion. The aisles, passageways and overhead spaces remain strictly under control of ACCC and no signs, decorations, banners, advertising material or special exhibits will be permitted in any of these spaces except by written permission of ACCC. Uniformed attendants, models and other employees must remain within the booths occupied by their employers. Any and all advertising distribution must be made from Exhibitor only from within his or her booth. Equipment must be arranged so that show visitors do not stand in the aisle while examining equipment or watching demonstrations. Strolling entertainment or moving advertisements outside of an Exhibitor’s exhibit space is prohibited.
Cancellation requests must be made in writing and sent via email to email@example.com.
For cancellations prior to close of business April 1, 2017, ACCC will refund the total due, minus any applicable third party payment-processing fees and taxes.
For cancellation requests from April 1, 2017 through close of business May 1, 2017, ACCC will refund 50% of the total due, minus any applicable third party payment processing fees and taxes.
Cancellation requests received after close of business May 1, 2017 will receive no refunds.
A design company is responsible for the move-in and design of Alamo City Comic Con. Please see dealer packets for charges on freight, load-in (if you need assistance), and additional charges. If you have any questions regarding shipping early or help moving in you may email firstname.lastname@example.org.
Electricity is available for your table/booth at an additional charge. For information regarding price and how to purchase, please contact the Henry B. Gonzalez Convention Center.
Exhibit space, occupancy hours, and dates for installing, occupying and dismantling exhibits shall be those expressly specified by ACCC. If Exhibitor fails to install its display in its assigned space by one hour before show opens or leaves its space unattended during the Exhibit hours, ACCC shall have the right to take possession of the space and NO REFUND will be due to Exhibitor. All exhibits must be open for business during convention hours. Exhibitor may not dismantle the display until the convention is officially closed by ACCC. Exhibitors may not assign their display space to third parties without prior written approval from ACCC.
The following items and actions are prohibited: the sale of food and/or beverages; switching or rearranging tables from the original placement by ACCC; and the sale, distribution, solicitation, and promotion of any items or services not reviewed by ACCC and given prior consent.
The display or sale of illegally manufactured or copied merchandise (“bootlegs”) is NOT allowed. Only properly licensed, commercially produced materials or original works may be on display, sold or purchased. Certificates of authenticity must be presented if asked by ACCC or the San Antonio Police Department.
The display or sale of pornographic and adult merchandise (as defined by ACCC and the City of San Antonio) to ANYONE under the age of 18 is ILLEGAL. Due to the nature of our family-friendly event, these items are STRICTLY PROHIBITED and NOT ALLOWED AT ACCCC.
Artist Boulevard has additional restrictions: artists cannot have individual retail store fronts, and/or enclosed structures to create walls within a booth.
Additional restrictions may be communicated by ACCC at the time of convention.
ACCC will provide security, which may include, but not be limited to San Antonio Police Officers and our own security personnel. Security will be stationed inside the convention center and surrounding areas once the convention is open to artists, dealers, and vendors. Although security is offered ACCC recommends that any cash and/or valuables be taken at the end of each day. All parties are responsible for their own property.
ACCC strongly recommends that all artists, dealers and vendors take extra care in placement of merchandise and cash boxes.
The use of devices for mechanical reproduction of sound or music is permitted, but must be controlled. Sound of any kind must not be projected outside of individual booths. Exhibitors are specifically prohibited from employing any carnival-type attraction, animal or human, or from operating such noise-creating devices as bells, horns or megaphones. ACCC reserves the right to determine sound interference with others and Exhibitor shall comply with any request by ACCC to discontinue any such sound or music.
Weapons refer to edged, sharp, or training swords, knives and any items commonly considered to be weapons by Texas State Law. All sharpened edges must be sheathed and peace tied at all times. Dealers who sell these items are encouraged to provide a sealed box for attendees and should notify the attendee that the weapon may be carried in the convention center (boxed, bagged, and/or piece bonded) as long as they are at least 18 years of age.
Drawing of weaponry, horseplay, or careless handling of weapons in public areas is not allowed and may result in expulsion from the convention.
ACCC does NOT allow the selling of guns or ammunition of any kind.
Dealers selling items that may be categorized as a weapon must inform the attendee that they must visit the weapons check table for weapon information.
Dealers selling weapons must conform to all local, state and federal regulations. Sales of weapons may be made only after verification of age using a government-issued identification card showing the purchaser is eighteen (18) years or older. Any participant caught purchasing a weapon for a minor will be removed from the convention and proper authorities will be notified.
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ACCC with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.
Wifi services are provided through a third party contractor, Smart City Networks, and must be purchased directly through them. ACCC booths do not include wifi services. For details on how to purchase, you may contact Smart City Networks directly.
ADDITIONAL TERMS AND CONDITIONS
If Exhibitor fails to make a payment required by this contract in a timely manner, ACCC may terminate this contract immediately (and Exhibitor’s participation in the convention) without further notice and without obligation to refund monies previously paid. ACCC reserves the right at its discretion to refuse Exhibitor permission to move in and set up an exhibit if Exhibitor is in arrears of any payment due to ACCC. ACCC is expressly authorized (but has no obligation, expressed or implied) to occupy or dispose of any space vacated or made available by reason of action taken under this paragraph in such manner as it may deem best, and without releasing Exhibitor from any liability hereunder. ACCC may also terminate this contract effective upon written notice of termination if Exhibitor breaches any of its obligations under the contract without any obligations, expressed or implied, on ACCC’s part to refund any payments previously made and without releasing Exhibitor from any liability arising as a result of or in connection with such breach. If ACCC removes or restricts an exhibit which ACCC considers to be objectionable or inappropriate, no refund will be due Exhibitor.
Exhibitor shall on a current basis, indemnify, defend (with legal counsel satisfactory to ACCC in its sole discretion) and hold Alamo City Comic Con and Henry B. Gonzales Convention Center 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, act of God, theft, mysterious disappearance or otherwise. Exhibitor shall not settle or compromise any claims against ACCC without ACCC’s prior written consent.
UNDER NO CIRCUMSTANCES SHALL ACCC OR THE HENRY B. GONZALEZ CONVENTION CENTER BE LIABLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY OF THE ACTS OR OMISSIONS WHETHER OR NOT APPRISED OF THE POSSIBILITY OF ANY SUCH LOST PROFITS OR DAMAGES. IN NO EVENT SHALL ACCC’S MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID TO ACCC BY EXHIBITOR FOR EXHIBIT SPACE RENTAL PURSUANT TO THIS CONTRACT. ACCC makes no representations or warranties, express or implied, regarding the number of persons who will attend the convention or regarding any other matters.
If ACCC cancels the convention due to circumstances beyond the reasonable control of ACCC (such as acts of God, acts of war, governmental emergency, labor strike or unavailability of the Henry B. Gonzalez Convention Center) ACCC shall refund to each Exhibitor its exhibit space rental payment previously paid, minus a share of costs and expenses incurred, in full satisfaction of ACCC’s liabilities to Exhibitor. ACCC reserves the right to cancel, re-name or re-locate the convention or change the dates on which it is held. If ACCC changes the name of the convention, relocates the convention to another event facility within the same city or changes the dates for the convention to dates that are not more than thirty (30) days earlier or thirty (30) days later than the dates on which the convention originally was scheduled to be held, no refund will be due to Exhibitor; provided however, ACCC shall assign use of such space to Exhibitor pursuant to the terms of this contract. If ACCC elects to cancel the convention other than for reasons previously described in this paragraph, ACCC shall refund to each Exhibitor its entire exhibit space rental payment previously paid, in full satisfaction of any and all liabilities on the part of ACCC to Exhibitor.
By Exhibitor’s participation in the convention, Exhibitor expressly grants to ACCC a fully paid, perpetual non-exclusive license to use, display and reproduce the name, trade names and product names of Exhibitor in any directory (print, electronic or other media) listing the exhibiting companies at the convention and to use such names in ACCC promotional materials. ACCC shall not be liable for any errors in any listing or descriptions or for omitting any Exhibitor from the directory or other lists or materials. Exhibitor agrees that ACCC may also take photographs or Exhibitor’s booth space, exhibit and personnel during, before or after the open hours of the convention and use such photographs for any ACCC promotional purpose.
Exhibitor shall promptly pay for any and all damages to the Henry B. Gonzalez Convention Center or associated facilities, booth equipment or the property of others caused by Exhibitor.
Exhibitor shall abide by and observe all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Henry B. Gonzalez Convention Center (including without limitation any union labor work rules). Without limiting the generality of the foregoing, Exhibitor shall construct its exhibits to comply with the Americans with Disabilities Act.
ACCC has sole control over attendance policies. Except as provided to the contrary in this contract; all monies paid by Exhibitor shall be deemed fully earned and non-refundable at the time of payment. Exhibitor shall conduct itself at all times in accordance with normal standards of decorum and good taste. In addition to its right to close an exhibit and withdraw acceptance of the contract, ACCC in its sole judgment may refuse to consider for participation in future events held by ACCC an Exhibitor who violates or fails to abide by the contract and any of the accompanying rules and regulations. Any amendment or modification to this contract must be in writing and signed by an authorized representative of ACCC. Exhibitor may not assign this contract or any right hereunder nor may Exhibitor sublet or license all or any portion of its exhibit space without the prior written consent of ACCC, which consent shall be in ACCC’s sole discretion.
Any and all matters pertaining to the convention and not specifically covered by the terms and conditions of this contract shall be subject to determination by ACCC in its sole discretion. ACCC 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 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 ACCC as soon as these additional rules or regulations are communicated to Exhibitor. This contract (including any additional rules or regulations adopted by ACCC from time to time) states the entire agreement of the parties with respect to the subject matter hereof.
This contract is governed by the laws of the state of Texas as applied to contracts entered into 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 San Antonio, Texas.
In the event Exhibitor is indebted to ACCC, whether or not such indebtedness arises from this or any other agreement, ACCC shall have the right in its discretion, to apply any refunds of exhibit booth fees properly due Exhibitor to such other indebtedness in the event legal action is filed by ACCC to enforce the terms and provisions of the agreement, the prevailing party in such action shall be entitled to reimbursement of court costs and reasonable legal fees.