2023 Vendor Exhibition Contract Terms and Conditions
This Document forms the basis of an agreement between Dyad LLC, and the vendors who wish to sell merchandise or services at Comic Con Honolulu, herein known as Vendors. Dyad LLC is the host organizer and promoter of entertainment conventions and services. Vendors in the business of buying and selling certain printed, audio, and visual material hereinafter designated as the Property identified and described as follows: video tapes, audio tapes, comic books, magazines, electronic media, CD, DVD, and other materials associated with Film/Motion picture, Animation, Comics, Manga, Video games and all associated periodicals with in stated and unstated genres. The term Dyad LLC shall be termed to mean the individual or individuals assigned by the board of directors of Dyad LLC as Vendors’ Room Liaisons.
Vendor shall be fully responsible to pay for any and all damages to property owned by the Hawaii Convention Center or Dyad LLC or their owners or managers, which results from any act or omission of Vendor. Vendor agrees to defend, indemnify and hold harmless, Hawaii Convention Center, Dyad LLC, and their respective owners, managers, officers or directors, agents, employees, subsidiaries and affiliates, from any damages or charges resulting from Vendor’s use of the property. Vendor’s liability shall include, without limitation, all losses, costs, damages, or expenses arising from or out of or by reason of any accident or bodily injury or other occurrences to any person or persons, including the Vendor, its agents, employees, and business invitees which arise from or out of the Vendor’s occupancy and use of the exhibition premises, Hotel or any part thereof.
1) Dyad LLC has contracted with the Hawaii Convention Center (herein known as ‘venue’) and pursuant to the terms of that contract has the authority to provide a conference room and vendor tables for the convention. Dyad LLC shall be responsible for all monies owed to ‘venue’ pursuant to the terms of its contract therewith. Vendor herby enters into a contract with Dyad LLC for vendor space at the show or show. Dyad LLC shall be responsible for coordinating with ‘venue’ the preliminary setup for the convention. Vendor agrees to contact ‘venue’ for any usage of telephone access and electricity in the exhibit hall, and will pay for any charges, if any. Dyad LLC will not be held liable for any fees for electricity and/or telephone access in the exhibit hall.
2) Dyad LLC agrees to provide roughly 10’ x 10’ vendor booths and passes into the convention.
3) Dyad LLC agrees to be responsible for promoting the show. Dyad LLC makes no representations as to the number of attendees and/or customers
who will be in attendance.
4) Subletting of tables is not permitted.
5) Each application will be processed on a first come, first-served basis.
6) Vendor shall be responsible for the actual setup of its displays. Dyad LLC shall not be liable for any loss or damage to Vendor’s property or for any personal injury suffered by Vendor or any of its agents.
7) Vendors are responsible for loading and unloading their own materials.
8) There is to be no smoking or otherwise burning of objects within the Vendors’ Room at any time.
9) All vendors shall have a signed copy of the Dyad LLC Vendor Exhibition Contract (this document) on file with Dyad LLC. No vendor shall be allowed to sell merchandise or services at the convention facility without having a signed copy of file with Dyad LLC. The convention facility shall be deemed to mean any function space used by the VENUE.
10) Selling of items by Vendors on convention grounds, which includes the stated event location and adjoining facilities, their parking lots, other than the Vendors’ Room or any other designated area noted by Dyad LLC is NOT allowed during the weekend of any Dyad LLC event. This includes the selling of items inside Hotel rooms, lobby, or its facilities. Vendors who fail to comply will be ejected without warning and without refund.
11) Vendors may play audio devices at moderate volume. Dyad LLC reserves the right to determine the definition of ‘moderate volume.’ Furthermore, Dyad LLC also reserves the right as to what audio content may be played during the hours of operation of the Vendors’ Room.
12) All vendors must claim their tables before Thursday August 6, 2020 at 7:00 PM. Tables, which have not been claimed by that time, may be resold at the sole discretion of Dyad LLC. Vendor agrees to hold the convention harmless for any lost investments or revenues as a result of either
(a) unclaimed or (b) canceled tables.
13) All vendors certify that they have complied with all federal, state, and local policies regarding the collection of any and all required taxes.
14) All vendors certify that have complied with all federal, state, and local policies regarding obtaining valid licenses required to participate as a vendor.
15) All vendors will obey federal, state, and local laws and ordinances regarding the sale of material which, intentionally or unintentionally, infringes upon the trademarks or copyrights of another party. Any vendor selling material which infringes upon the trademark or copyright of another party may be ejected without warning and without refund. Dyad LLC reserves the right to inspect and/or eject questionable material at any time. This includes, but is not limited to, the following products or companies: Bootlegged videos, Fan-subbed videos, Bootlegged (burned) audio CDs, VCDs, and DVDs, Burned or Bootleg video games (e.g. PlayStation, Dreamcast) Bootleg Carts (e.g. Nintendo GBA), unlicensed images.
16) Vendors shall not display material which is deemed offensive or inappropriate. Dyad LLC has the sole right to determine what is or is not offensive or inappropriate. Vendors who continue to display material which has been deemed to be offensive or inappropriate may be ejected without warning and without refund. Furthermore, vendors shall not sell any offensive or inappropriate materials to minors who are under the age of eighteen (18) years of age. Vendors who sell such materials to minors shall be ejected without warning and without refund. Failure to comply is immediate grounds for ejection without warning and without refund.
17) All ejected vendors are still subject to state law in which the Dyad LLC sponsored event resides with regards to tax collection.
18) Only those vendors with Vendor badges will be allowed in the room during set-up, closing, and take-down times. Only those with Vendor badges will be allowed behind vendor tables at any time.
19) Vendors are expected to follow the same rules of behavior as the rest of the convention attendees during off-hours. Any Vendor ejected from the convention during those hours must leave immediately the next morning during the set-up time.
20) Vendor is responsible for providing their own insurance, if desirable, to protect Vendor and Vendor’s property from damage, loss, theft, harm or injury. Neither Dyad LLC nor ‘VENUE’ will obtain insurance on Vendor’s behalf. Vendor is solely responsible for its own company exhibited material, goods, samples, and other property.
21) Upkeep of Vendor’s booth, merchandise, and refuse is responsibility of the Vendor.
22) All displays, chairs, tables and merchandise must be maintained within Vendor’s designated area.
23) Vendor agrees that the handling, viewing, and sale of adult themed merchandise will be restricted to persons of age 18 and older and that they are responsible for verification of age before any sale. Vendor 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. Video displays of adult-themed merchandise are not allowed.
24) Vendor will hold harmless Dyad LLC and event facilities or any of their respective officers, agents, employees, representatives or affiliates, from any liability, damage, loss, harm, claim, or injury to property or person of the Vendor, Vendor officers, agents, employees or other persons, whether caused by the negligence of Dyad LLC or event facilities, or from theft, fire, water, accident, or any other cause whatsoever that are not covered under Dyad LLC’s standard insurance policy.
25) Dyad LLC reserves the right to make changes or amend the contract and has the final say on all matters pertaining to the use and function of the Vendors’ Room during the run of the show.
26) Any promotional fees from a Vendor, Vendor, and/or persons representing a company involved with related industry must be presented to the CEO upfront and in writing.
27) The addition of any extra charges to be incurred ( i.e. Phone, Drayage ) Will be made available via an addendum provided by Dyad LLC upon request or until an updated information is made available to vendors.
