Kollision Con

1. Vendor agrees that access to the Exhibit Hall outside of business hours is restricted to selected Kollision Con staff and individuals wearing special Vendor badges. Vendor also acknowledges that no individual will be allowed to sell merchandise without a Vendor badge.

2. Vendor understands that the only place Vendor is authorized to conduct business during Kollision Con is contracted booth(s) inside the Exhibit Hall. Any sale of merchandise by Vendor outside the Exhibit Hall without the express written consent of Kollision, Inc. shall be grounds to consider the Vendor in default of this Contract.

3. Vendor understands that space in the Exhibit Hall shall be confirmed only when full payment and this signed Contract are received by Kollision, Inc. The final cost of all Exhibit Space is determined by the postmarked date of the final and full remittance. NSF checks will be charged a $35 processing fee and another form of payment must be used such as a money order, cash or credit card.

4. The rental fee for each booth in the Exhibit Hall is described under "Pricing." Rental fees are refundable, less a 50% cancellation charge, provided that Kollision, Inc. receives written notice of intent to cancel no fewer than 45 days prior to the first day of Kollision Con. Rental fees shall not be refundable under any circumstances, excepting terms listed within this section and as are otherwise provided in this Contract.

5. Vendor must move into their assigned space in the Exhibit Hall at least 90 minutes before the stated opening of Kollision Con to the public. In the event Vendor fails to occupy the space, Kollision, Inc. shall have the right, without notice to Vendor, to use the unoccupied space to suit its own convenience, including renting said space to another Vendor without rebate or allowance due to the defaulting Vendor.

6. Kollision, Inc. assumes no responsibility for including the name of Vendor, or descriptions of its products or services, in the Kollision Con Program Book, brochures, news releases, or other materials stated herein, and Vendor hereby irrevocably grants Kollision, Inc. the right to use its name logo, and descriptions of Vendor’s products and services in any electronic or printed mediums used by Kollision, Inc. to promote Kollision Con.

7. Vendors shall not sublet or assign any portion of their rented space in the Exhibit Hall without the prior written consent of Kollision, Inc. Vendor understands that it is required to clearly and openly state the identity and purpose of any organization assigning or subletting any portion of the rented space in the Vendor information section of this Contract. In addition, Vendor agrees to be responsible for all activities or actions of any party subletting or otherwise assigned the space by Vendor. Kollision, Inc. reserves the right to disallow or demand the ejection of any subleasing or assigning organization from the Exhibit Hall without notice to Vendor.

8. Vendor shall be responsible for obtaining all documentation (licenses, permits, approvals, etc.) required by law, Kollision, Inc., or the Pheasant Run Resort, applicable to its activities at Kollision Con. Failure to produce said documentation upon request by Kollision, Inc. or Pheasant Run Resort shall be grounds for default of this Contract by Vendor, and cause for immediate ejection from Exhibit Hall.

9. Vendor shall be responsible for collecting, reporting, and remitting Illinois sales tax for any items or merchandise sold by Vendor at Kollision Con, and agrees to indemnify and hold Kollision, Inc. harmless in any action arising from Vendor’s failure, to collect, report, and remit Illinois sales tax for goods sold by Vendor at Kollision Con.

10. If Vendor uses its own displays, Vendor agrees to be responsible for arranging and paying for all transfer and storage fees, all labor and equipment rental necessary to assemble and dismantle said display, and all costs related to moving said display in and out of the Exhibit Hall and the Kollision Con site. All shipments by Vendor must be addressed as listed in the Pheasant Run Resort Vendor services packet.

11. Vendor shall provide receipts for any and all sales made by Vendor at Kollision Con. Vendor understands that failure to provide a receipt with all sales will render inconclusive any accusations of retail theft made by Vendor against a suspected shoplifter, unless Vendor has some other means to mark a sale if a receipt is not given.

12. Vendor is prohibited from selling, or making otherwise available certain kinds of merchandise (“Barred Merchandise”) at Kollision Con. If Vendor is found with any examples of the Barred Merchandise listed below, Vendor will be asked once to remove all Barred Merchandise from its inventory (this includes any additional items from the list that were not the subject of the initial complaint.). Any subsequent violations by Vendor following the initial warning by Kollision, Inc. will result in immediate ejection of Vendor from the Exhibit Hall, and shall constitute grounds for Vendor’s default of this Contract.
Examples of Barred Merchandise shall include, but are not limited to:

SonMay (SM) CDs, Golden Apple CDs, Ever Anime A8, Ever Anime GM, and Ever Anime Best Song Collections CDs, Golden Anime CDs, GGG Anime Soundtrack CDs, Game Music brand CDs.

ANY Pins, Wall Scrolls, Models (Resin or Vinyl kits), Decals, Stickers and Posters which are not properly marked and labeled with the appropriate copyright information.

ANY Final Fantasy and Kingdom Hearts Blades, Gun Blades, Buster Swords, Key Blades, Key Swords, and Swords.

ANY Cosmetic Contact Lenses.

ANY Airsoft ammo, Bbs, or pellets.

ANY themed apparel from an unlicensed work (hats, headbands, etc.).

ANY goods or services deemed illegal under the laws of the United States of America, the State of Illinois, the City of St. Charles, Illinois, and International Copyright Law.

ANY paraphernalia that may be used for illegal substances. (Glass pipes, water pipes, etc.)

ANY food, drink, or snack items distributed for sale or free regardless of the container (Vendor understands that due to catering contract, Vendor may not make available any food, drink, or snack items for sale or give-away at Chicago Kollision Con).

13. Vendor agrees that the sale of all weapons will be restricted to persons of age 18 or older and that they are responsible for verification of age before any sale or handling. Vendor also agrees to wrap the sold item securely and will notify purchaser that they must take any weapons directly to their hotel room or vehicle, upon exit of the Exhibit Hall. Kollision, Inc. reserves the right to ban or restrict the sale of weapons or weapon-like merchandise at any time during Kollision Con. Failure to comply with this rule will result in immediate expulsion of the offending Vendor from the Exhibit Hall.

14. Vendor agrees that the handling, viewing, and sale of adult-themed merchandise will be restricted to persons of age 18 or older and that they are responsible for verification of age before any sale. Vendor also agrees to bag/package said merchandise in an opaque bag upon sale. In addition, adult-themed merchandise must be displayed in a manner that restricts access from the general public. Kollision, Inc. reserves the right to ban or restrict the sale of adult-themed merchandise at any time during Kollision Con. Failure to comply with this rule will result in immediate expulsion of the offending Vendor from the Exhibit Hall.

15. Vendor agrees to fully disclose all merchandise types on the Exhibit Space Application and understands that Vendor’s failure to disclose restricted item types (weapons, weapon reproductions, or adult-themed merchandise) on the Exhibit Space Application will result in Vendor not being permitted to sell those items at Kollision Con

16. Vendor agrees that all demonstrations, displays, and all other Vendor-sponsored activities will be confined to the limits of Vendor’s booth. Aisles may not be obstructed at any time, nor are there to be any activities that may result in congestion of aisle traffic.

17. Vendor understands that no mechanical, electrical, or other apparatus will be allowed to create noise or otherwise interfere with other exhibitors in any way as solely determined by Kollision, Inc. Failure of Vendor to regulate such apparatuses when so asked by Kollision, Inc. will result in Vendor being ejected from the Exhibit Hall.

18. Vendor understands that no-one is allowed in the Exhibit Hall after hours. All needed items must be taken out with the Vendor before the Exhibit Hall closes. Vendor will be granted periods of time prior to, and after, the operating hours of the Exhibit Hall for restocking and general booth maintenance.

19. Kollision, Inc. reserves the right to require Vendor to remove items from public display and or sale if they are deemed unsuitable to the standards set by Kollision, Inc..

20. Kollision, Inc. reserves the right to refuse to rent booths to Vendor. In the event that this occurs, Vendor will be notified at least thirty (30) days before the first day of Kollision Con, and is entitled to a full refund of the rental fee.

21. Kollision, Inc. reserves the right to rearrange booth and Vendor locations within the Exhibit Hall at the discretion of Kollision, Inc.. Kollision, Inc.’s decisions regarding Vendor’s space shall be final and binding.

22. Vendor recognizes that ultimate approval of any and all displays or merchandise is subject to Kollision, Inc. discretion, and any decisions so rendered are binding and final.

23. Vendor recognizes that beyond this Contract, all memberships to Kollision Con, regardless of status (attendee or Vendor), are subject to the listed rules and regulations governing attendance and membership of Kollision Con (see Program Guide for list of attendee rules and regulations).

24. Vendor agrees to be responsible for, indemnify, and hold Kollision, Inc., Pheasant Run Resort, and their officers, employees, agents, affiliates and representatives, harmless from any and all claims of any nature, losses, damages, costs, expenses (including attorneys fees), personal injury, death, and/or any other claims arising from or related to any act or omission by the Vendor or his/her property, agents, representatives or employees in contravention of its obligations under this Contract or any applicable law governing Vendor’s activities at the Kollision Con.

25. Vendor agrees to be responsible for, indemnify, and hold Kollision, Inc. its officers, employees, agents, affiliates and representatives, harmless in case of theft of the Vendor's property both during business hours and after hours.

Vendor understands that in the event that Kollision, Inc. or Pheasant Run Resort shall be held liable for any reason that might result from Vendor's action or failure to act, said Vendor agrees to reimburse Kollision, Inc. and/or Pheasant Run Resort for all costs and liability resulting therefrom, including reasonable attorneys fees. Kollision, Inc. reserves the right to close Vendor's exhibit whenever it is deemed necessary by Kollision Inc. for the safety or comfort of those attending Kollision Con; whenever Vendor's exhibit, activity, or material sold is determined by Kollision, Inc. objectionable or offensive to the average person attending Kollision Con; whenever legal conditions, convention policies, or requirement of Pheasant Run Resort so dictate; and whenever portions of the Pheasant Run Resort are destroyed or damaged. Likewise, Kollision, Inc. reserves the right to cancel arrangements, contracts, or exhibits if Kollision Con fails to take place as scheduled, is interrupted and/or discontinued, or access to the premises is prevented or interfered with by reason of any strike, lock out, act of war, act of god, emergency declared by a government agency, or Kollision Con Event Management, or for any other reason that terminates this Contract. In the event of such termination, Vendor agrees to waive all claims of damages and agrees that the sole liability of Kollision, Inc. shall be the displace space rental fee paid, less a pro rata portion of all costs and expenses incurred and committed to, by Kollision Inc..

26. No course of dealing or failure of any party to enforce strictly any term of this Contract shall be construed as a wavier of such term, or shall deprive the party of the right thereafter to strictly enforce such term.

27. If any part of this Contract is held unenforceable or invalid or prohibited under law, it shall be stricken from this Contract and shall not effect the enforceability of the other parts of this Contract.

28. The attached Exhibitor Application, by this reference, is hereby incorporated in and made a part of this Contract.

29. This Contract shall be interpreted in accordance with the laws of the State of Illinois.

Vendor agrees that all matters and questions not covered by this Contract are subject to the discretion of Kollision, Inc. and/or the Kollision Con Event Management. Vendor agrees to abide by, and conform to, all additional rules and regulations as are adopted or prescribed by Kollision, Inc. from time to time for the management of Kollision Con and the Exhibit Hall. Vendor acknowledges that it has read this Contract, and expressly agrees to abide by the terms and conditions set forth herein. Vendor’s failure to read this Contract prior to signing shall constitute grounds for default. Vendor acknowledges the right of Kollision, Inc. to revoke this Contract in the event Vendor is found in default of any terms or conditions set forth herein. In the event of default by Vendor, Kollision, Inc. may do any or all of the following: a) Provide a prorated refund of the cost of the booth(s) and/or “Vendor” badges. b) Require the Vendor to remove any and all merchandise from his/her booth(s). c) Confiscate any “Vendor” badges issued to the Vendor. d) Deem any "Vendor" badges issued to that Vendor to be null and void. e) Ban the Vendor from any other events sponsored by Kollision, Inc..