Once you have completed your order and made your payment, you will be receiving an email for your welcome packet along with your personal log in code. This may take up to starting in July, please be patient. If you have any further questions please do not hesitate to ask. Thank you and welcome to DARKSIDE in RIVERSIDE!
Terms and Conditions and Disclaimer
DEFINED TERMS
The following are the terms and conditions for becoming an exhibitor and exhibiting at the 2019 DARKSIDE in RIVERSIDE. The term "Event" means “Darkside in Riverside” currently scheduled for October 18, 19, 20th, 2019 ("Event Dates") in the hosted Riverside, CA venues ("Exhibit Facility"). As used hereinafter, the term "Organizer" means, collectively, are the Producers of Darkside in Riverside and each of its/their respective officers, directors, agents, affiliates, representatives, employees and assigns, unless the context requires otherwise. The term "Exhibitor" means, collectively the company, any other business entity, or person that applied for exhibit space rental and agreed to enter into this contract upon acceptance by Darkside in Riverside in the manner stated below and each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees, as applicable.
2. Contract Acceptance
This contract shall become binding and effective once receipt of payment has been made.
3. Assumption of Risks;
Releases 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. 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 it is assuming any risk of such unknown facts and such unknown and unsuspected claims.
4. Indemnification
Exhibitor shall on a current basis, indemnify, defend 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 Exhibitors' participation or presence at the Event; any breach by Exhibitor of any agreements, promises or other obligations under this contract; any matter for which Exhibitor is otherwise responsible under the terms of this contract; any 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; any libel, slander, defamation or similar claims resulting from the actions of Exhibitor; harm or injury (including death) to Exhibitor; and 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 Organizer's prior written consent.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ORGANIZER OR THE EXHIBIT FACILITY 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 ORGANIZERS MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID TO Darkside in Riverside BY EXHIBITOR FOR EXHIBIT SPACE RENTAL PURSUANT TO THIS CONTRACT. Organizer makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or regarding any other matters.
6. Qualifications of Exhibitor
DARKSIDE IN RIVERSIDE in its sole discretion, shall have the right to determine whether a prospective exhibitor is eligible to participate in the Event. Applicants may be required to submit a description of the nature of their business and the items intended to be exhibited. Darkside in Riverside reserves the right to restrict or remove any exhibit which Darkside in Riverside in its sole discretion, believes is objectionable or inappropriate. Only Exhibitors with products and/or services relating to event or other related popular culture items are eligible to exhibit. No adult materials may be displayed or sold, as this is a family event.
7. Assignment of Space
Exhibit space shall be assigned by Darkside in Riverside in its sole discretion for the Event and for the Event Dates only. Any such assignment does not imply that similar space will be assigned for future events held by Organizer. Darkside in Riverside reserves the right to change the floor plan or to move an Exhibitor to another booth location prior to or during the Event if Darkside in Riverside in its sole discretion determines that to do so is in the best interest of the Event.
8. Cancellation by Exhibitor
Cancellation: Generally, partial cancellation of booth space is not permitted, any partial cancellation must have the prior written consent of Darkside in Riverside which consent shall be in Darkside in Riverside absolute discretion. Exhibitors who cancel space more than 120 days will receive a full refund. Exhibitors who cancel space 120 days to 60 days prior to the show will receive a full refund, less $100. Do to demand and reservations, there are NO REFUNDS FOR CANCELLATIONS 60 DAYS OR LESS.
9. Cancellation by Darkside in Riverside
If Exhibitor fails to make a payment required by this contract in a timely manner, Darkside in Riverside may terminate this contract immediately (and Exhibitor's participation in the Event) without further notice and without obligation to refund monies previously paid. Darkside in Riverside 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 Darkside in Riverside 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. If Darkside in Riverside removes or restricts an exhibit which Darkside in Riverside considers to be objectionable or inappropriate, no refund will be given to Exhibitor. Darkside in Riverside 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 Darkside in Riverside 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.
10. Cancellation of the Event
If Darkside in Riverside cancels the Event due to circumstances beyond the reasonable control of Darkside in Riverside (such as acts acts of war, governmental emergency, labor strike or unavailability of the Exhibit Facility) Darkside in Riverside shall refund to each Exhibitor its exhibit space rental payment previously paid, minus a share of costs and expenses incurred, in full satisfaction of Organizer's liabilities to Exhibitor. Darkside in Riverside reserves the right to cancel, re-name or re-locate the Event or change the dates on which it is held. If Darkside in Riverside changes the name of the Event, relocates the Event to another event facility within the same city or changes the dates for the Event to dates that are not more than thirty (30) days earlier or thirty (30) days later than the dates on which the Event originally was scheduled to be held, no refund will be due to Exhibitor; provided however, Darkside in Riverside shall assign use of such space to Exhibitor pursuant to the terms of this contract.
11. Exhibit Space Occupancy
Hours and dates for installing, occupying and dismantling exhibits shall be those expressly specified by Darkside in Riverside 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, DARKSIDE IN RIVERSIDE 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 the Event hours. Exhibitor may not dismantle the display until the Event is officially closed by DARKSIDE IN RIVERSIDE. Exhibitors may not assign their display space to third parties without prior written approval from DARKSIDE IN RIVERSIDE .
12. Listings and Promotional Materials
By Exhibitor's participation in the Event, Exhibitor expressly grants to DARKSIDE IN RIVERSIDE 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 Event and to use such names in DARKSIDE IN RIVERSIDE promotional materials. DARKSIDE IN RIVERSIDE 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 DARKSIDE IN RIVERSIDE may also take photographs or Exhibitor's booth space, exhibit and personnel during, before or after the open hours of the Event and use such photographs for any DARKSIDE IN RIVERSIDE promotional purpose.
Once you have completed your order and made your payment, you will be receiving an email from Darkside Team for your welcome packet along with your personal log in code. This may take up to starting in May, please be patient. If you have any further questions please do not hesitate to ask. Thank you and welcome to Darkside in Riverside!
DEFINED TERMS
The following are the terms and
conditions for becoming an exhibitor and exhibiting at the 2019 event. The term "Event" currently scheduled for October 18,19, & 20th, 2019 ("Event Dates") at the EVENT ("Exhibit
Facility"). As used hereinafter, the term
"Organizer" means, collectively, and each of
its/their respective officers, directors, agents, affiliates, representatives,
employees and assigns, unless the context requires otherwise. The term
"Exhibitor" means, collectively the company, any other business
entity, or person that applied for exhibit space rental and agreed to enter
into this contract upon acceptance by Darkside Team n the manner stated
below and each of its officers, directors, shareholders, employees,
contractors, agents, representatives, and/or invitees, as applicable.
2. Contract Acceptance
This contract shall become binding
and effective once receipt of payment has been made.
3. Assumption of Risks;
Releases 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. 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 it is assuming any risk of such unknown facts and such
unknown and unsuspected claims.
4. Indemnification
Exhibitor shall on a current basis,
indemnify, defend 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 Exhibitors' participation or presence at the Event; any breach
by Exhibitor of any agreements, promises or other obligations under this
contract; any matter for which Exhibitor is otherwise responsible under the
terms of this contract; any 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; any libel, slander, defamation or similar claims
resulting from the actions of Exhibitor; harm or injury (including death) to
Exhibitor; and 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 Organizer's prior written consent.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL
ORGANIZER OR THE EXHIBIT FACILITY 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 ORGANIZERS MAXIMUM LIABILITY
UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID TO CCPS EVENTS BY EXHIBITOR
FOR EXHIBIT SPACE RENTAL PURSUANT TO THIS CONTRACT. Organizer makes no
representations or warranties, express or implied, regarding the number of
persons who will attend the Event or regarding any other matters.
6. Qualifications of Exhibitor
PRODUCERS, in its sole discretion,
shall have the right to determine whether a prospective exhibitor is eligible
to participate in the Event. Applicants may be required to submit a description
of the nature of their business and the items intended to be
exhibited.PRODUCERS reserves the right to restrict or remove any
exhibit which PRODUCERS in its sole discretion, believes is
objectionable or inappropriate. Only Exhibitors with products and/or services
relating to comic books, comic strips, animation, or other related popular
culture items are eligible to exhibit. No adult materials may be displayed or
sold, as this is a family event.
7. Assignment of Space
Exhibit space shall be assigned
by PRODUCERS in its sole discretion for the Event and for the Event
Dates only. Any such assignment does not imply that similar space will be
assigned for future events held by Organizer. PRODUCERS reserves the
right to change the floor plan or to move an Exhibitor to another booth
location prior to or during the Event if PRODUCERS in its sole
discretion determines that to do so is in the best interest of the Event.
8. Cancellation by Exhibitor
Cancellation: Generally, partial cancellation
of booth space is not permitted, any partial cancellation must have the prior
written consent of PRODUCERS which consent shall be in PRODUCERS absolute discretion. Exhibitors who cancel space more than 120 days will receive a full refund. Exhibitors who cancel space 120 days to 60 days
prior to the show will receive a full refund, less $100. Do to demand and reservations, there are NO REFUNDS FOR
CANCELLATIONS 60 DAYS OR LESS.
9. Cancellation by PRODUCERS
If Exhibitor fails to make a payment
required by this contract in a timely manner, PRODUCERS may terminate
this contract immediately (and Exhibitor's participation in the Event) without
further notice and without obligation to refund monies previously
paid. CCPS LLC 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 PRODUCERS 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.
If PRODUCERS removes or restricts an exhibit which PRODUCERS considers to be objectionable or inappropriate, no refund will be
given to Exhibitor. PRODUCERS 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 PRODUCERS 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.
10. Cancellation of the Event
If PRODUCERS cancels the
Event due to circumstances beyond the reasonable control of PRODUCERS (such as acts acts of war, governmental emergency, labor strike or
unavailability of the Exhibit Facility) PRODUCERSshall refund to each
Exhibitor its exhibit space rental payment previously paid, minus a share of
costs and expenses incurred, in full satisfaction of Organizer's liabilities to
Exhibitor. PRODUCERS reserves the right to cancel, re-name or
re-locate the Event or change the dates on which it is held. If PRODUCERS changes the name of the Event, relocates the Event to another event
facility within the same city or changes the dates for the Event to dates that
are not more than thirty (30) days earlier or thirty (30) days later than the
dates on which the Event originally was scheduled to be held, no refund will be
due to Exhibitor; provided however, PRODUCERS shall assign use of such
space to Exhibitor pursuant to the terms of this contract.
11. Exhibit Space Occupancy
Hours and dates for installing,
occupying and dismantling exhibits shall be those expressly specified
by PRODUCERS 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, PRODUCERS 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 the Event hours. Exhibitor may not dismantle
the display until the Event is officially closed by PRODUCERS. Exhibitors
may not assign their display space to third parties without prior written
approval from PRODUCERS.
12. Listings and Promotional
Materials
By Exhibitor's participation in the
Event, Exhibitor expressly grants to PRODUCERS 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 Event and to use such names
in PRODUCERS promotional materials. PRODUCERS 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 PRODUCERS may also take photographs or Exhibitor's booth space,
exhibit and personnel during, before or after the open hours of the Event and
use such photographs for any PRODUCERS promotional purpose.
13. Care of Exhibit Facility
Exhibitor shall promptly pay for any
and all damages to the Exhibit Facility or associated facilities, booth
equipment or the property of others caused by Exhibitor.
14. 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.
15. Copyrighted Materials
Exhibitors shall not play or permit
the playing or performance of, or distribution of any copyrighted material at
the Event unless it has obtained all necessary rights and paid all required
royalties, fees or other payments.
16. Observance of Laws
Exhibitor shall abide by and observe
all federal, state and local laws, codes, ordinances, rules and regulations,
and all rules and regulations of the Exhibit Facility (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.
17. Additional Terms and Conditions
Event 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, PRODUCERS in its sole judgment may refuse to consider for participation in future events held by Organizer 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 PRODUCERS 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 PRODUCERS which consent shall be in PRODUCERS sole discretion.
18. Exhibitor Service Guide
Once Exhibitor contract has been
approved and processed, PRODUCERS will send an Exhibitor Service Guide
to the Primary Contact listed on the front of this agreement. The Exhibitor
Service Guide will include information integral to participation at the Event,
including but not limited to additional exhibitor rules and regulations,
official contractor order forms, registration, shipping and drayage, utilities
and building services, exhibitor display rules, and move-in, move-out
schedules.
19. Incorporation of Rules and
Regulations
Any and all matters pertaining to the
Event and not specifically covered by the terms and conditions of this contract
shall be subject to determination by PRODUCERS in its sole
discretion. PRODUCERS 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 or not
included in an Exhibitor Service 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 DFP
as soon as these additional rules or regulations are communicated to Exhibitor.
This contract (including the Exhibitor Service Guide and any additional rules
or regulations adopted by PRODUCERS from time to time) states
the entire agreement of the parties with respect to the subject matter
hereof.
20. Character of Displays: 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 PRODUCERS sole discretion. The aisles, passageways
and overhead spaces remain strictly under control of PRODUCERS No
signs, decorations, banners, advertising material or special exhibits will be
permitted in any of these spaces except by written permission of PRODUCERS.
21. Fire and Safety Laws
Federal, state, and city laws
and EVENT rules and regulations must be strictly
observed.
