These rules and regulations relate to the event known as Planet Comicon, Kansas City, to be held at Bartle Hall on March 29-31, 2019, (hereinafter the “Event”). The show is owned and managed by Planet Promotions LLC (Hereinafter the “Promoter”). “PCKC” refers to show management, including Promoter, Promoter’s employees, agents, representatives and assigns. An individual or company, its employees, representatives, agents, and assigns, as described on the Application, and seeking a license for use of space at the Event, is hereinafter referred to as the “Exhibitor”.
1) Cancellation Policy: Exhibitor may cancel the application for space by giving written notice to PCKC. Cancellation prior to 45 days before the Event entitles Exhibitor to a refund in the amount of 50% of that Exhibitor’s total payment. Cancellation 45 days or closer to Event is not eligible for a refund and all payments are forfeited.
2) Exhibits and Material:
a) Exhibitors will be limited to those individuals, companies or entities offering materials, products or services of specific interest to attendees of the Event. PCKC reserves the right to determine eligibility of any product or service to be offered at the Event. Exhibitors must list on the Application the nature of the items they will be retailing or exhibiting. Exhibitors must also list on the Application the participating principals as the exhibitors of record. Only the sign of Exhibitor may be displayed on the booth and only the name of Exhibitor will be printed in the list of exhibitors of the Event.
b) 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 the table or display rack in a manner physically accessible to attendees, must be bagged and covered so that minors may not open it. Any adult material depicting nudity must be “blinded” (i.e. the nudity or sexual content must be covered). Adult films (in any format) or magazines are not to be displayed openly. A sign may be posted to let attendees know that Exhibitor offers such merchandise. Exception: Magazines, such as most Playboy magazines, which display no nudity on the cover may be placed in an area of limited access to attendees and must be enclosed in a bag or container so they may not be opened by minors. Such magazines must be displayed in a manner that minors cannot have physical access to those materials.
c) Materials which may not be sold or offered for sale at the Event include, but are not limited to, i) bootleg material of any kind, including, but not limited to, prints, DVDs, CDs, shirts and other apparel. Bootleg material includes any material incorporating in whole or in part the intellectual property of another without express written permission or license of the intellectual property owner. Possession or sale of bootleg materials is at the risk of each Exhibitor, ii) vape, tobacco or any types of smoking paraphernalia, iii) counterfeit material, including but not limited to autographs that are not the original, hand signed autograph of the purported signer, iv) firearms, v) Bubble makers/machines. If such prohibited material is sold or offered for sale, PCKC may require that the Exhibitor remove the prohibited items from display or may ask Exhibitor to leave the Event, with no refund given.
d) Exhibits not allowed: Exhibitors cannot offer raffles, lotteries or games of chance, including, but not limited to “carnival games”. Some raffles might be allowed if they meet the legal requirements for raffles set by the State of Missouri.
e) Exhibitor agrees that its exhibit shall remain from day to day at the Event solely by strict compliance with these rules. PCKC reserves the right to reject, eject or prohibit any exhibit in whole or in part, or Exhibitor or any of Exhibitor’s representatives, if PCKC determines that the exhibit is, in whole or in part, not in accordance with these rules and regulations. PCKC reserves the right at its sole discretion to not admit any exhibit or Exhibitor to the Event or to eject any exhibit or Exhibitor from the Event.
3) Limitation of Liability: Exhibitor agrees to indemnify and hold harmless PCKC against all claims, losses, suits, damages, judgments, expenses, costs (including without limitation, reasonable legal fees) and charges of every kind resulting from Exhibitor’s execution of the Application and the license and occupation of space therein contracted for by reason of personal injuries, death, property damage and any other cause sustained by any person. PCKC shall not be responsible for loss or damage to displays belonging to Exhibitor, whatever the cause and including, but not limited to, fire, storm, acts of God, air conditioning or heating failure, theft, pilferage, mysterious disappearances, bomb threats, or other causes. All of Exhibitors items brought to the Event are displayed at Exhibitor’s own risk, and should be safeguarded at all times. Promoter 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 adequate discharge of all obligations of PCKC to supervise and protect Exhibitor’s property within the Event. Exhibitors may furnish additional security at their own cost and expense only with prior approval by PCKC. Exhibitor agrees that PCKC shall not be liable in the event of errors or omissions in Exhibitor’s official directory listings or in any promotional material. PCKC makes no representations or warranties with respect to the number of Event attendees or the demographic nature of such attendees.
4) Sub-Licensing and Booth Usage: Exhibitor shall not sub-license or otherwise permit any person other than Exhibitor to occupy Exhibitor’s space, or any part thereof, or to display and/or offer for sale any items or merchandise not part of the license as reflected on the Application. Exhibitor must seek PCKC’s permission to sublet, share or sign over their space, or any part thereof, to another party. Exhibitor may not permit non-exhibiting individuals or entities to conduct business within Exhibitor’s space without express, written permission of PCKC. In the case multiple entities or individuals sharing one exhibit space, the person whose name appears on the contract assumes full responsibility for that space. PCKC rulings shall be final with regard to use of exhibit space.
5) Exhibitor is liable for any damage caused by Exhibitor to buildings, floors, walls, columns or any other portion of the exhibit hall, and to standard booth equipment, as well as other exhibitor’s property. Exhibitor may not apply paint, lacquer, adhesives or other coating to any portion of the exhibit hall or to standard booth equipment.
6) Venue requirements and restrictions: The Event venue, Bartle Hall, has a list of requirements and restrictions relating to use of their facility. These will be provided to exhibitors upon request and will be posted to the web-site. All Exhibitor’s must comply with all of these rules requirements and restrictions. Violation of these requirements and restrictions constitutes violation of Exhibitor’s Application and may result in action up to and including expulsion from the Event, with no return of amounts paid pursuant to the Application. PCKC rulings shall be final with regard to such violations.
7) Sales Tax: Exhibitor is responsible for collection and payment of Missouri State Sales Tax. The State of Missouri requires that Exhibitor acquire a tax number in advance of the Event. Exhibitors may obtain such documents from the State of Missouri. If there are any changes in the requirements regarding Missouri Sales Tax, PCKC will notify exhibitors. For more information about Sales Tax requirements contact the Missouri Department of Revenue.
8) Sound regulations & Music performances: Mechanical or electrical devices which produce sound must be operated so as not to interfere with others. PCKC 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. No live or recorded performances of music by or on behalf of Exhibitor at the Event are allowed without express written consent of Promoter. Exhibitors may contact Promoter to determine requirements to obtain such consent. This includes, but is not limited to, music for the personal entertainment of Exhibitor or any of Exhibitor’s employees, assistants or representatives, regardless of the sound level of that music. Exhibitor agrees to indemnify and hold harmless Promoter, PCKC and any of its employees, contractors, staff, representatives or assigns or from any damages or expenses, including legal fees, incurred due to Exhibitor’s use or authorization of use of music at the Event. In the event PCKC approves playing of music at the Event, Exhibitor warrants to PCKC that it will take full responsibility for obtaining any necessary licenses to play or perform such music.
9) Personnel and Attire: PCKC reserves the right to determine whether the character and/or attire of booth personnel is appropriate for the Event. If deemed not appropriate by PCKC, booth personnel may be asked to leave the Event and return when the issue has been resolved, whether by change of attire or other needed change. If Exhibitor does not comply, PCKC may require that Exhibitor remove the personnel in question permanently from the Event.
10) Resolution of Disputes: a) All disputes arising from or relating to the Event shall be governed by the laws of the State of Missouri. Any claims or actions must be exclusively brought in the Courts of Jackson County in the State of Missouri. Exhibitor agrees that Exhibitor is subject to the jurisdiction of such Courts. Exhibitor waives any right to bring any claim or action in any other court or jurisdiction. b) 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, actions and decisions by PCKC concerning this dispute or disagreement, and intended to resolve the dispute or disagreement, shall be binding on Exhibitor.
11) Care and Removal of Exhibits: a) Exhibitor, at their own expense, will maintain cleanliness of their exhibit. Exhibitor will further make efforts to maintain the cleanliness of aisles. Exhibitors shall not place any display, display rack, chairs, tables or other items in aisles during show hours. All items, including merchandise and items used for display of merchandise, must be kept within Exhibitor’s specified area. b) Exhibitor’s display shall remain fully intact until the Event has officially ended. Disturbing, closing down or tearing out all or part of Exhibitor’s display prior to the official end of the Event can result in refusal by PCKC to accept or process an application for exhibit space at a future Planet Comicon. Exhibits must be removed from the venue by the time which will be set forth in Exhibitor materials to be provided, and is expected to be midnight on Sunday, March 31,, 2019. If Exhibitor fails to remove their exhibit by the required time any materials left behind are considered to be abandoned. PCKC reserves the right, at Exhibitor’s expense, to ship the exhibit by a carrier of PCKC’s choosing and/or to place the exhibit in a storage warehouse subject to Exhibitor’s disposition and/or to dispose of such materials and/or to make such other disposition of the exhibit as PCKC may deem desirable. Exhibitor agrees that PCKC shall incur no liability for action taken with regard to Exhibitor’s materials which have not been removed in a timely manner by Exhibitor.
12) Insurance: Exhibitor is advised to see that its regular insurance includes extraterritorial coverage, and that it has its own theft, public liability and property damage insurance. Exhibitor may be required to provide proof of insurance through issuance of a certificate of insurance. Exhibitor will indemnify and hold harmless PCKC and others working on behalf of PCKC, including, but not limited to, volunteers, against any and all damages, claims, actions, liabilities, costs, recoveries, judgments, penalties and expenses of any kind, including attorney/legal fees and disbursements) which may be recovered against or from PCKC as a result of some action or omission of Exhibitor. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist in the absence of this agreement.
13) Amendment to Rules and Regulations: Any matters not specifically subject of the preceding rules and regulations shall be subject to the sole decisions of PCKC. PCKC shall have full power in matters of interpretation, amendment and enforcement of said rules and regulations.
14) Application acceptance: Deposit of Exhibitor’s check or charging Exhibitor’s credit card account or receipt of payment through PayPal shall not constitute acceptance of Exhibitor’s application. Exhibitor’s application, and the accompanying license to occupy space at the Event, shall not be binding until accepted by Planet Comicon Kansas City.
15) Entire Agreement: This Application and the accompanying rules and regulations, shall constitute the entire agreement between PCKC and Exhibitor. It may not be orally modified. Any subsequent agreement purporting to be a waiver or modification of this agreement, to be enforceable, must be in writing and signed by a duly authorized representative of the party against whom enforcement is sought.