Exhibit Space Terms and Conditions and Disclaimers
1. Defined Terms
The following are the terms and conditions for becoming an exhibitor and exhibiting at the 2025 Official NWI Comicon. The term “Event” means 2025 Official NWI Comicon, currently scheduled for TBA (“Event Dates”) at the TBA (“Exhibit Facility”). The Event is owned, produced and managed by Divinity Comics Inc (“DCI”). As used hereinafter, the term “Organizer” means, collectively, DCI 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 DCI in the manner of representatives, and/or invitees, as applicable.
2. Contract Acceptance
This contract shall become binding and effective only when it has been signed on the application by the Exhibitor through the Leap platform.
3. Assumption of Risks; Releases
Exhibitor expressly assumes all risks arising from or in connection with its participation or presence at the Event, including, but not limited to, risks of theft, loss, harm, damage, or injury to person (including death), property, business, or profits, whether caused by negligence, intentional acts, accidents, acts of God, or otherwise. Exhibitor is solely responsible for its property, including any theft, damage, or loss thereof. Neither the Organizer nor the Exhibit Facility assumes responsibility for, nor creates a bailment with respect to, property delivered to or by the Exhibitor.
Exhibitor hereby fully and irrevocably releases and discharges the Organizer, the Exhibit Facility, and their respective representatives, officers, directors, employees, agents, attorneys, predecessors, successors, and assigns from any and all claims, actions, demands, causes of action, suits, liabilities, losses, costs, expenses (including attorneys’ fees), damages, or obligations of any kind (collectively, “Claims”) in law or equity, that Exhibitor may now have, has ever had, or may hereafter have, whether known or unknown, arising out of or relating to Exhibitor’s participation or presence at the Event.
Exhibitor acknowledges that it may discover facts or claims unknown at the time of this contract’s execution that may have influenced its decision to enter into this contract. Nevertheless, Exhibitor agrees to assume the risk of any such unknown facts or claims, and waives any right to assert such claims after the execution of this contract.
4. Indemnification
Exhibitor shall, at all times, indemnify, defend, and hold harmless Organizer and the Exhibit Facility, including their respective officers, directors, agents, employees, affiliates, representatives, successors, and assigns, from and against any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees, and expenses arising out of or in connection with: (i) Exhibitor’s participation or presence at the Event; (ii) any breach by Exhibitor of its agreements, promises, or obligations under this contract; (iii) any matters for which Exhibitor is responsible under the terms of this contract; (iv) any violation or infringement of any law, ordinance, or third-party rights, including but not limited to rights relating to patents, copyrights, trademarks, trade secrets, or other proprietary rights; (v) any claims of libel, slander, defamation, or similar actions arising from Exhibitor’s conduct; (vi) any injury or harm, including death, to Exhibitor; and (vii) any loss or damage to Exhibitor’s property, business, or profits, whether caused by negligence, intentional acts, accidents, acts of God, theft, mysterious disappearance, or otherwise.
Exhibitor agrees not to settle or compromise any claim against Organizer without obtaining 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 FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO EXHIBITOR’S PARTICIPATION IN THE EVENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ORGANIZER’S MAXIMUM AGGREGATE LIABILITY UNDER THIS CONTRACT EXCEED THE AMOUNT PAID BY EXHIBITOR TO ORGANIZER 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 CONCERNING ANY OTHER MATTERS RELATED TO THE EVENT.
6. Qualifications of Exhibitor
DCI, in its sole discretion, reserves the right to determine the eligibility of any prospective exhibitor to participate in the Event. Applicants who have not previously exhibited at an event organized by DCI that is similar in nature to the Event may be required to submit a detailed description of their business and the items they intend to exhibit. DCI further reserves the right, in its sole discretion, to restrict or remove any exhibit it deems objectionable or inappropriate for the Event.
Only exhibitors offering products and/or services related to comic books, comic strips, animation, or other related popular culture items will be eligible to exhibit. Exhibitors are prohibited from displaying adult materials, as the Event is intended for a family audience.
Definition of Adult Materials
For the purposes of the Official NWI Comicon, “adult materials” shall refer to any content that is intended for mature audiences and is not suitable for minors. This includes, but is not limited to:
Explicit Sexual Content: Materials that depict sexual acts, sexual anatomy, or any explicit sexual behavior.
Nudity: Any representation of nudity, including illustrations, photographs, or models that show uncovered genitalia or female breasts.
Graphic Violence: Materials that depict extreme or gratuitous violence, including graphic depictions of injury, torture, or death.
Hate Speech: Content that promotes hate or discrimination based on race, ethnicity, gender, sexual orientation, religion, or any other characteristic.
Substance Abuse: Materials that promote or glorify the use of illegal drugs, excessive alcohol consumption, or other forms of substance abuse.
Adult-Themed Merchandise: Products that are explicitly sexual in nature or intended for adult use, such as sex toys or other adult novelty items.
Prohibited Displays
The following items shall not be allowed to be displayed, at the Official NWI Comicon:
Any materials that fall under the definitions above.
Any artwork or merchandise that contains sexually explicit imagery or themes.
Magazines, comics, or books that are rated NC-17 or equivalent for explicit content.
Any items that could be deemed offensive or inappropriate for a general audience, particularly minors.
Enforcement
DCI reserves the right to determine, at its sole discretion, what constitutes adult materials and to prohibit any exhibitor from displaying such materials. Exhibitors found in violation of this policy may be asked to remove the offending items and may face expulsion from the convention without a refund.
All materials must be properly licensed, original work, and may not be bootleg or copied.
7. Copyrighted Materials
Exhibitors shall not play, permit the playing, perform, or distribute any copyrighted materials at the Event unless they have obtained all necessary rights and licenses and have paid all required royalties, fees, or other payments associated with such materials. Furthermore, Exhibitors are expressly prohibited from engaging in or permitting the bootlegging or sale of stolen intellectual property (IP) at the Event. Violations of this provision may result in immediate termination of the Exhibitor’s participation in the Event and potential legal action.
8. Assignment of Space
Exhibit space shall be assigned by DCI at its sole discretion for the Event and the Event Dates only. Such assignment does not guarantee or imply that the same or similar space will be assigned to the Exhibitor for any future events organized by DCI. DCI reserves the right, in its sole discretion, to modify the floor plan or relocate an Exhibitor to a different booth location either prior to or during the Event if DCI determines such changes are in the best interest of the Event.
9. Cancellation by Exhibitor
In the event that you are unable to utilize your booth space, you must promptly contact us at exhibitevents@fanx.com. While full refunds are not available, cancellations will be reviewed on a case-by-case basis at the discretion of event management with an option to defer to the following year.
10. Cancellation by DCI
If Exhibitor fails to make any payment required under this contract in a timely manner, defined by DCI communication, DCI may immediately terminate this contract and Exhibitor’s participation in the Event without further notice and without any obligation to refund any monies previously paid by Exhibitor. DCI reserves the right, at its discretion, to refuse Exhibitor permission to move in or set up an exhibit if Exhibitor is in arrears on any payments owed to DCI. DCI is expressly authorized, but not obligated, to occupy or dispose of any space vacated or made available as a result of actions taken under this section in such manner as DCI deems appropriate, without releasing Exhibitor from any liability under this contract.
If DCI removes or restricts an exhibit that it deems objectionable or inappropriate, no refund will be due to the Exhibitor. DCI may also terminate this contract, effective immediately upon written notice, if Exhibitor breaches any of its obligations under the contract. In such an event, DCI shall have no obligation to refund any payments previously made by Exhibitor, and such termination shall not release Exhibitor from any liability arising from or in connection with such breach.
11. Cancellation of the Event
If DCI cancels the Event due to circumstances beyond its reasonable control, including but not limited to acts of God, acts of war, governmental emergencies, labor strikes, or the unavailability of the Exhibit Facility, DCI shall refund to each Exhibitor any exhibit space rental fees previously paid, less Exhibitor’s pro rata share of costs and expenses incurred by DCI, in full satisfaction of any and all liabilities of Organizer to Exhibitor.
DCI reserves the right to cancel, rename, relocate, or change the dates of the Event. If DCI changes the name of the Event, relocates the Event to another facility within the same city, or reschedules the Event to dates that are no more than thirty (30) days earlier or later than the original Event Dates, no refund will be due to the Exhibitor. In such cases, DCI shall assign exhibit space to the Exhibitor under the terms of this contract.
12. Exhibit Space Occupancy
The hours and dates for the installation, occupancy, and dismantling of exhibits shall be as expressly specified by DCI. If the Exhibitor fails to install its display in the assigned space by one hour prior to the opening of the Event, or if the Exhibitor leaves its space unattended during the designated Exhibit hours, DCI reserves the right to take possession of the space, and no refund shall be due to the Exhibitor.
All exhibits must remain open for business throughout the Event hours. The Exhibitor is prohibited from dismantling the display until the Event is officially closed by DCI. Furthermore, Exhibitors may not assign their exhibit space to any third parties without obtaining prior written approval from DCI.
13. Listings and Promotional Materials
By participating in the Event, Exhibitor hereby grants to DCI a fully paid, perpetual, and non-exclusive license to use, display, and reproduce Exhibitor’s name, trade names, and product names in any directory (whether in print, electronic, or other media) listing the exhibiting companies at the Event, as well as in DCI’s promotional materials. DCI shall not be held liable for any errors in listings or descriptions or for the omission of any Exhibitor from the directory or any other lists or materials.
Exhibitor further agrees that DCI may take photographs of Exhibitor’s booth space, exhibits, and personnel during, before, or after the Event’s open hours and use such photographs for any promotional purpose related to DCI.
14. Care of Exhibit Facility
The Exhibitor shall be responsible for and shall promptly pay for any and all damages incurred to the Exhibit Facility, associated facilities, booth equipment, or the property of third parties that are caused by the Exhibitor, its employees, agents, representatives, or invitees. The Exhibitor is expressly prohibited from taping, affixing, or otherwise attaching any materials to the walls of the Exhibit Facility.
15. Taxes and Licenses
The Exhibitor shall obtain, at its sole expense, any and all licenses, permits, or approvals required under applicable federal, state, or local law for its activities at the Event. The Exhibitor shall also secure any necessary tax identification numbers and permits and shall be responsible for the payment of all taxes, license fees, use fees, or any other fees, charges, levies, or penalties that may become due to any governmental authority in connection with its activities at the Event.
16. Observance of Laws
The Exhibitor shall fully comply with and observe all applicable federal, state, and local laws, codes, ordinances, rules, and regulations, as well as all rules and regulations of the Exhibit Facility, including but not limited to any union labor work rules. Without limiting the generality of the foregoing, the Exhibitor shall ensure that its exhibits are constructed and maintained in compliance with the Americans with Disabilities Act.
17. Additional Terms and Conditions
DCI shall have sole control over attendance policies. Except as expressly provided otherwise in this contract, all payments made by the Exhibitor shall be deemed fully earned and non-refundable at the time of payment. The Exhibitor shall conduct itself at all times in accordance with established standards of decorum and good taste. In addition to DCI’s right to close an exhibit and withdraw acceptance of the contract, DCI may, at its sole discretion, refuse to consider an Exhibitor for participation in future events organized by DCI if such Exhibitor violates or fails to comply with the terms of this contract or any accompanying rules and regulations.
Any amendments or modifications to this contract must be made in writing and signed by an authorized representative of DCI. The Exhibitor shall not assign this contract or any rights hereunder, nor shall the Exhibitor sublet or license all or any portion of its exhibit space without the prior written consent of DCI, which consent shall be granted at DCI’s sole discretion.
18. Exhibitor Service Guide
Upon approval and processing of the Exhibitor contract, DCI shall provide an Exhibitor Service Guide to the Primary Contact designated on the front of this agreement. The Exhibitor Service Guide shall contain essential information pertinent to participation in the Event, including, but not limited to, additional exhibitor rules and regulations, official contractor order forms, registration details, shipping and drayage procedures, utilities, building services, exhibitor display guidelines, and schedules for move-in and move-out activities.
19. Incorporation of Rules and Regulations
Any and all matters related to the Event that are not specifically addressed by the terms and conditions of this contract shall be determined by DCI at its sole discretion. DCI reserves the right to adopt rules and regulations governing such matters and may amend or revoke these rules at any time, provided reasonable notice is given to the Exhibitor.
All such rules and regulations (whether included in an Exhibitor Service Guide or similar document or not) are deemed an integral part of this contract and are incorporated herein by reference, having the same force and effect as if they were fully set forth within this document. The Exhibitor agrees to observe and abide by any additional regulations established by DCI as soon as such regulations are communicated to the Exhibitor. This contract, including the Exhibitor Service Guide and any additional rules or regulations adopted by DCI, constitutes the entire agreement between the parties concerning the subject matter herein.
20. Character of Displays: Use of Aisles and Common Areas
The distribution of samples, printed materials of any kind, and promotional materials shall be strictly limited to the Exhibitor’s designated booth. All exhibits must display products or services in a manner deemed tasteful by DCI in its sole discretion. Aisles, passageways, and overhead spaces shall remain under the exclusive control of DCI. No signs, decorations, banners, advertising materials, or special exhibits shall be permitted in these areas unless prior written permission is obtained from DCI. All sales activities must be conducted inside of the booth space that you have purchased unless you have written permission from the Organizer.
21. Fire and Safety Laws
Exhibitor shall strictly comply with all applicable federal, state, and local laws, as well as the rules and regulations of the Indianapolis Convention Center. The use of helium balloons is expressly prohibited.
22. Authenticity
Exhibitors selling collectibles, including but not limited to autographs, limited edition toys, art, or any other items represented as authentic, shall provide immediate verification of authenticity upon request. The sale of items for which authenticity cannot be demonstrated is strictly prohibited. DCI reserves the right to require Exhibitors to cease the sale of questionable merchandise and to halt any suspicious activity if the Exhibitor is unable to provide proof of authenticity. DCI shall not be liable for refunds of any payments made for exhibit space in such circumstances.
23. Gambling
Gambling in any form is strictly prohibited at the Official NWI Comicon. Any individuals found to be in violation of this policy will be required to vacate the premises immediately and shall not be entitled to any refund from DCI. DCI reserves the right to require Exhibitors to cease the sale of questionable merchandise and to halt any suspicious activities upon request. DCI shall not be liable for any refunds related to exhibit space in such circumstances.
24. COVID-19
All Exhibitors acknowledge and accept full responsibility for any risks associated with COVID-19 and agree to hold DCI and its affiliates, partners, and representatives harmless from any and all claims, liabilities, damages, or expenses arising from or related to exposure to COVID-19 during the Event.
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