EXHIBITOR TERMS & CONDITIONS
AUTHORIZED PERSONNEL
Admission to the Exhibition will be available only to registrants. Persons not assigned exhibit space will not be authorized to solicit business in any manner in connection with the Exhibition. Power-Con shall provide to Exhibitor the number of exhibitor registrations and badges for the applicable booth size. All Exhibitor personnel staffing exhibit booths will be required to register online and/or at the exhibitor registration/information desk and prominently display the exhibitor badge (registration is limited to those 18 years of age and older). Badges are not transferable, and badges worn by anyone other than the personnel to which they are issued are subject to confiscation without return or refund. Only authorized personnel wearing exhibitor badges will be allowed into the exhibit area during designated hours prior to the opening hours of the exhibit area. Additional exhibitor full-conference and/or booth staff registrations are available at the prices listed in the Exhibitor section of Power-Con’s website and on this agreement.
EXCLUSIVES TERMS AND CONDITIONS
Non-ticket or non-pass items sold by Power-Con (known as Exclusives) are shown as paint masters, digital mockups, or control art that represents the proposed design of the product. Exhibitor acknowledges and agrees that the actual product purchased may vary from what is depicted on our website and elsewhere online. Exhibitor understands and accepts that badges, wristbands, toy exclusives, shirts, prints and all other preordered items will not be mailed out and must be picked up and collected at the convention. Failure to pick up these items at Power-Con results in the forfeiture of Exhibitor’s order and all items purchased. Exhibitor agrees to all additional terms, conditions and information outlined at https://thepower-con.com/info-faq/ and understands and accepts that Power-Con reserves the right to modify the rules, regulations, and code of conduct at any time.
CONSENT TO FILM AND PHOTOGRAPH
Exhibitor grants Power-Con, LLC permission to the rights of their image, likeness and sound of their voice as recorded on audio or video tape for any reason without payment or any other consideration, in perpetuity. Exhibitor understands that their image may be edited, copied, exhibited, published, or distributed and waive the right to inspect or approve the finished product wherein their likeness appears. Additionally, they waive any right to royalties or other compensation arising or related to the use of their image or recording.
EXHIBITS SUBJECT TO POWER-CON’S APPROVAL
Power-Con maintains an “all-ages” convention and requires all content displayed to be no more mature than “PG-13” in nature. Power-Con may review, exclude, modify, remove, or require Exhibitor to modify or remove any exhibits, Exhibitor personnel (e.g., employees, agents, invitees, etc.) or Exhibitor materials or activities (e.g., costumes, decor, music, paraphernalia, fliers, method of operation, conduct, etc.) that, in its sole discretion, is unsuitable, dangerous, or objectionable for the Exhibition. In the event of such exclusion, modification, or removal, Exhibitor agrees to pay or reimburse Power-Con for any expenses incurred by Power-Con or its agents in connection therewith at the then-prevailing rates. Further, Power-Con shall not be required to refund any fees paid to Power-Con by Exhibitor or be responsible for Exhibitor’s expenses or any liabilities resulting therefore.
PERMITTED SALES
Power-Con prohibits the sale of food and drink of any kind, the display or sale of obscene, gratuitously violent, and/or sexually explicit material. Power-Con also prohibits the sale of unlicensed, bootleg, or counterfeit goods or any material in violation of copyrighted/trademarked work. Power-Con reserves the right to judge the acceptability of any material or merchandise it deems inappropriate or objectionable and reserves the right to eject exhibitors for selling unlawful or objectionable material at any time, without refund, at our discretion with possible intervention by local authorities.
LAWS, RULES, AND REGULATIONS
Exhibitor agrees to be bound by all, and shall ensure its personnel do not violate any, applicable local, state, federal, or foreign laws, rules and regulations (e.g., fire, utility, and building codes, the Americans with Disabilities Act, Title 17 – Copyrights, etc.) as well as any laws, rules and regulations applicable to or required by Power-Con, major sponsors, co-sponsors or promoters of the Exhibition, the Exhibition Facility, Exhibition suppliers, and Power-Con’s insurance carrier(s).
CONFINE EXHIBIT TO BOOTH SPACE; NO ASSIGNMENT OR SHARING OF BOOTH SPACE
Exhibitor’s exhibit and any materials or activities in connection therewith, must be confined to the Exhibitor’s own booth. No displays, merchandise, or objects of any kind may extend beyond each booth’s 10 feet by 10 feet footprint, including peg hooks, shelving, and the like (see Exhibit Specifications for additional information). Further, Exhibitor agrees not to assign, sublet, or share the booth, in whole or in part, without the prior written consent of Power-Con. In the event more than one exhibitor uses the assigned booth, Exhibitor agrees to pay an extra $300.00 for the cost of each assigned booth shared.
EXHIBIT SPECIFICATIONS
Each booth is approximately 10 feet by 10 feet and includes one 8 feet long x 24 inch deep table, two Exhibitor passes and two chairs leaving approximately 8 feet behind each table for exhibitor use. Exhibitors must keep all merchandise and belongings within their designated area, including displays. Displays stored within this area must not exceed 10 feet in height without permission. Exhibitor must not block or extend into aisle ways (including chairs, peg hooks, shelving, and the like) or display anything that may inhibit convention operations or endanger the safety of the Exhibitor or their staff, event attendees, event staff or any other party or individual. In addition to any other rights of Power-Con, exhibits not conforming to these specifications will be prohibited without liability to Power-Con or refund to Exhibitor. Additional Exhibitor passes are available for an additional fee with a maximum of two additional passes per booth or table purchased, and a maximum of two extra chairs per table or booth. Access to power via an extension cord with a 110-volt outlet is available for an extra charge from Fern Expositions. Unauthorized use of power not provided specifically via proper installation by venue engineers or officials will result in immediate ejection of exhibitor and their exhibit without refund.
INSTALLATION OF EXHIBITS
Hours of installation are from 2:00pm EST to 10:00pm EST, Thursday, August 10th, 2023 and from 7:00am EST to 1:00pm EST, Friday, August 11th, 2023. Space unclaimed by the end of the opening hour and/or not paid in full is subject to reassignment without refund of any amounts paid to Power-Con by Exhibitor. Power-Con reserves the right to make changes to the installation hours. Power-Con shall attempt to notify Exhibitor of any changes as far in advance as reasonably possible. Exhibitors must provide any and all supplies and equipment needed to assist in an exhibitor’s sales, shipments, setup and all other functions related to their booth.
PRECONVENTION STORAGE OF EXHIBITS
The event venue will accept shipments of packages for preconvention storage on Monday, July 31st, 2023, through Thursday, August 10th, 2023. Shipments accepted for storage during this time will be kept in a secure facility and then delivered to the event showroom for Exhibitor use starting at approximately 2:00pm EST on Thursday, August 10th, 2023. Storage of each package must be arranged with Fern Expositions at the Greater Columbus Convention Center (614-253-1500). Payment for preconvention storage must be arranged with Fern Expositions. Neither Power-Con or the event venue will be responsible for damaged, stolen, or missing packages or package contents. Packages must be shipped to the address provided by Fern Expositions and boxes must be marked with your name, and business name if applicable.
DISMANTLING OF EXHIBITS
Exhibitor agrees not to dismantle the exhibit or do any packaging of its materials before the closing hour of the last exhibit day as set forth in the Information section of Power-Con’s website and agrees to remove its Exhibit and all exhibit materials by closing. Hours of dismantling are from 5:00pm EST to 11:59pm EST, Sunday, August 13th, 2023. Power-Con reserves the right to make changes in the dismantling hours. Exhibitor agrees to pay a MINIMUM $300.00 fee per assigned booth or table for any violation of the foregoing and is subject to forceful removal by the venue after the dismantling hours have passed.
SOUND SYSTEMS
Subject to any applicable rights, obligations, or restrictions hereunder, the use of sound systems is permissible, provided volume is kept to a minimum and they are not audible in neighboring booths, do not extend into the aisle, and that the sound is directed only into the Exhibitor’s booth or vertically.
MOTION PICTURES AND OTHER PROJECTION
Portable projection machines for digital film, 16mm or smaller film, film strips, lantern slides, Kodachromes, etc., are not permitted.
FIRE PROTECTION
No combustible decoration, such as crepe paper, tissue paper, cardboard, or corrugated paper may be used at any time. All packing containers, excelsior, and wrapping paper, which must be flameproof, are to be removed from the floor and must be stored under the table and behind displays. All muslin, velvet, silk, or any other cloth decoration must stand a flameproof test as prescribed by the applicable fire and safety ordinances. All materials and fluids which are inflammable are to be kept in safety containers. Open flames, butane gas, oxygen tanks, etc., are not permitted. If inspection indicates that Exhibitor has neglected to comply with the foregoing requirements, or otherwise incurs a fire hazard, Power-Con reserves the right to exclude or remove the entire exhibit, or any non- complying parts thereof, without liability to Power-Con or refund to Exhibitor.
OTHER EXHIBITS, HOSPITALITY SUITES & PRIVATE PARTIES
Exhibitor shall not use any other part of the Exhibition Facility and/or contracted hotels (e.g., public areas, hospitality suites, or private rooms) for exhibit or entertainment purposes throughout the duration of the Exhibition. If a Power-Con exhibitor uses a facility outside of Power-Con contracted facilities, then they cannot market/solicit to Power-Con conference attendees during the conference and exposition. However, hospitality suites and private parties for entertainment purposes outside of regularly scheduled hours of meetings, exhibits, or other Exhibition functions may be permitted upon the prior written consent of Power-Con.
SECURITY AND INSURANCE; NO LIABILITY FOR SIMPLE NEGLIGENCE
Power-Con will provide limited guard service to cover entrances to the Exhibition area on a 24-hour basis during the designated hours of installation, exhibit, overnight, and dismantling. However, Power-Con shall not be responsible for the safety of, or liable for damage or loss to, Exhibitor’s property or personnel, including because of theft, fire, accident or any other cause, whether the result of negligence or otherwise, unless caused by the gross negligence of Power-Con. Exhibitor is required to maintain, and upon request will provide Power-Con with evidence of, adequate insurance to cover Exhibitor’s acts, omissions, property and personnel, including liability arising from bodily injury or property damage.
AVAILABLE SERVICES
Upon request, Power-Con or its designated contractors may be able to provide certain value-added services and security to Exhibitor at Exhibitor’s expense. In the event Exhibitor requests Power-Con to perform any services, Exhibitor agrees to pay or reimburse Power-Con for any charges in connection therewith at the then-prevailing rates. Power-Con does not endorse any exhibitors or designated contractors of the Exhibition, and makes no representation with reseed thereto and assumes no responsibility or liability for any of the foregoing services if provided by any party other than Power-Con.
DISCLAIMERS
Except as expressly provided in these general rules and regulations for Exhibitors, Power-Con makes no representations or warranties of any kind with respect to the Exhibition and disclaims all warranties including any implied warranties of merchantability, fitness for particular purpose, accuracy, non-infringement, and non-interference. The Exhibition and booth are provided ”as is” and on an ”as available” basis.
LIMITATION OF POWER-CON’S LIABILITY
Power-Con shall not be liable to Exhibitor or to any third party for any indirect, incidental, consequential, special, or punitive damages of any kind or nature. Power-Con shall further have no liability to exhibitor for lost profits, loss of material, or frustration of business expectations, whether arising out of breach of contract, breach of warranty, negligence, or otherwise (even if Power-Con has been advised of the possibility of such loss or damage). Power-Con’s maximum liability hereunder for any claims whatsoever is expressly limited to the amount actually paid to Power-Con by Exhibitor. No claim may be brought by Exhibitor more than ninety (90) days after the accrual of the claim.
RIGHT TO REFUSE SERVICE
Power-Con reserves the right to refuse admission or eject any person or party for behavior likely to cause damage, injury, harassment, nuisance, or annoyance, or for failure to comply with the rules and regulations of the Greater Columbus Convention Center, or failure to comply with the reasonable request of Power-Con management, or for reasons of public safety.
INDEMNIFICATION BY EXHIBITOR
Exhibitor hereby agrees to indemnify, defend, and hold harmless Power-Con, its affiliates, the Exhibition Facility, Exhibition suppliers, the city, and state, and their respective officers, directors, employees, representatives, and agents, from and against any and all liability, responsibility, loss, damage, cost, or expense of any kind whatsoever (including but not limited to attorney’s fees) arising directly or indirectly out of or in connection with (i) any intentional or negligent act or omission by Exhibitor or any of it employees or agents, (ii) breach of Exhibitor’s representations, warranties, obligations or covenants set forth in the Exhibitor Agreement, and/or (iii) Exhibitor’s occupancy and use of the Exhibition premises, including without limitation, the assigned booth, public areas, or any part thereof.
CHANGES & FORCE MAJEURE
The Exhibition date and hours are as indicated in the Exhibitor section of Power-Con’s website. Power-Con reserves the right to change the Exhibition date or hours for any or no reason whatsoever. In such an event, Power-Con shall attempt to notify Exhibitor as much in advance as reasonably possible. Power-Con shall not be liable hereunder and shall be excused for performance for any failure or delay in the performance of its obligations on account of acts of God (e.g., earthquake, fire, flood, tornado, etc.), acts of government (e.g., war, embargo, etc.), acts of man (e.g., terrorism, strike, etc.) or any other acts or omissions beyond the reasonable control of Power-Con.
CANCELLATIONS; COLLECTION COSTS
Exhibitor shall have the right to cancel the Exhibitor Agreement at any time by written notice to Power-Con. Exhibitor shall be responsible for and agrees to pay [50% to 100%] of the full amount at the time of submission of the application for Exhibit Fees. In the event of such cancellation, Exhibitor shall be responsible for and agrees to pay (and Power-Con shall not have to refund) [50%] of the full amount of the Exhibit Fees if such cancellation is received by Power-Con on or after April 1st, 2023, to May 31st, 2023, and [80%] of the full amount of the Exhibit fees if such cancellation is received by Power-Con on or after June 1st, 2023, to June 30th, 2023. No refunds will be made by Power-Con on cancellations received on or after July 1st, 2023. Further, in the event of any action by Power-Con to collect any amount not paid when due, Exhibitor agrees to pay or reimburse the costs of collection (including, without limitation, third party collection agency expenses, attorney fees and court cost). Under all circumstances, Power-Con retains the right to resell any booth space canceled by Exhibitor, or not paid when due. Payments made to Power-Con are non-transferable and cannot be used for payment towards other Power-Con products, services, or exhibitions. Power-Con may cancel the Exhibition for any or no reason whatsoever. In such event, Power-Con shall attempt to notify Exhibitor as much in advance as reasonably possible, and Power-Con shall refund Exhibitor amount paid to Power-Con by Exhibitor, less a pro-rata portion of expenses actually incurred by Power-Con in connection with the Exhibition or such cancellation.
NOTICES
Any notice or correspondence required or permitted to be given or forwarded hereunder or by law shall be effective on receipt and shall be considered property given if orally stated to Exhibitor at the Exhibition, or presented in writing and delivered personally, faxed or sent by any commercially reasonable means, addressed, with respect to Exhibitor, to the address of Exhibitor most recently provided in writing to Power-Con, and with respect to Power-Con, to the address of Power-Con appearing on its web site at the time of such notice. Email correspondence is also acceptable provided that it is sent to individuals who have apparent authority to act in respect to the subject matter hereof.
ENTIRE AGREEMENT
The Exhibitor Agreement, including the Exhibitor section of Power-Con’s website and these General Rules and Regulations for Exhibitors, represent the complete understanding and agreement of the parties hereto with respect to the subbed matter hereof and supersedes any prior agreements, whether written or oral, between the parties. The Exhibitor Agreement may not be modified or amended, except by a written instrument executed by each of the parties hereto. The parties hereto shall be deemed to be independent contractors hereunder, and as such, neither party shall be, nor hold itself out to be, an employee or agent of the other party. The language used in the Exhibitor Agreement shall be deemed to be language chosen by both parties hereto to express their mutual intent, and no rule of strict construction against either party shall apply to any term or condition of the Exhibitor Agreement. The Exhibitor Agreement shall become effective when signed by Exhibitor. The acceptance or deposit of any payment does not constitute acceptance of the Exhibitor Agreement by Power-Con. Power-Con reserves the right to modify the Exhibitor Guide or these General Rules and Regulations for Exhibitors, or make any additional conditions, rules and regulations, as it deems necessary to ensure the success of the Exhibition, Exhibitor acknowledges and agrees that such additions and modifications shall become part of the Exhibitor Agreement upon notice to Exhibitor.
ARBITRATION CLAUSE
Any controversy or claim arising out of or relating to the Exhibitor Agreement, or the breach thereof shall be settled by binding arbitration utilizing expedited procedures and one arbitrator, in accordance with the Rules of the American Arbitration Association, and the written decision of the arbitrator shall be conclusive and binding on the parties and enforceable by a court of competent jurisdiction. Arbitration will be held in the State of Ohio and governed by the laws of the State of Ohio, without regard to conflict of laws principles. The arbitrator shall be empowered to award to the prevailing party, if any, such party’s cost and expense.
BOOTH CHANGES
For mergers, reduction in booth space, for increase of booth space, and for relocation of booth: Exhibitors are to follow the cancellation clause noted in the paragraph on this page and pay the required fee accordingly for increased booth space and/or relocation of booth space.
E-NEWSLETTERS
Power-Con sends out periodic e-newsletters to the Exhibitors with information that is pertinent to the Exhibition but not expected to be shared with non-exhibitors. Accordingly, Exhibitor agrees not to share the contents of such e-newsletters with other, non-exhibiting parties. Exhibitor e-mails, address and contact information will only be shared with vendors with whom Power-Con is contracted.