Exhibitor Application

FallsCon Gaming Convention is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Its mission is to bring people together to create safe and inclusive communities, share the benefits of gaming, and support academic goals through financial aid.

Sales Tax. The Vendor shall be responsible for paying all sales taxes associated with their sales.

Liability. The Vendor shall assume all risk and hold harmless FallsCon Gaming Convention. The vendor assumes all legal responsibility for claims, damages, and liabilities while using the Wichita Falls Multi-Purpose Event Center’s facilities.

Illegal Products. The Vendor shall not sell items of an illegal nature such as, but not limited to, bootleg/pirated products, age restricted items to minors, and other restricted products. (Fan art is allowed at FallsCon Gaming Convention if the composition is fully created from scratch. All fan-made works must be original creations regarding composition and cannot be recreations of another person’s fan-made works, or a show's promotional images.) No AI Generated artwork can be sold or distributed as a product, part of a product or independent artwork at FallsCon Gaming Convention.

Adult Materials. The Vendor shall have the right to sell 18+ adult items and products at the FallsCon Gaming Convention, with the condition such items and products shall be out of reach and view of all FallsCon Gaming Convention patrons and attendees. FallsCon Gaming Convention is a family friendly convention. Only patrons and attendees who are 18 years and older may purchase or see these items and products. The Vendor shall be responsible for verifying the ages of potential customers for these items and products. The FallsCon Gaming Convention reserves the right to require a Vendor to conceal or remove an item or product from the view of patrons and attendees if the FallsCon Gaming Convention determines that an item or product is considered adult material. (FallsCon considers adult material as anything that contains profanity, nudity, anything sexually explicit, extreme violence, or gore.)

Staffing. The vendor shall be responsible for staffing their own booth and managing their employees. Vendors shall list all employees that will be working at the FallsCon Gaming Convention. (If you need to add, remove, or amend any employees, please e-mail FallsCon Gaming Convention or speak with FallsCon Operations Manager directly so the contract can be updated.)

Set Up and Tear Down. FallsCon Gaming Convention opens Friday the 10th of April at 2 PM. Doors will be open 6 hours earlier (8 AM) and vendors will be able to set up at that time on opening day. The convention will close on Sunday the 12th at 5 PM and vendors will have 2 hours (7 PM) after closing to pack up and tear down their Booths.

Displays. The Vendor shall be allowed to set up displays within the confines of their booth space. Vendor displays shall not obstruct the flow of traffic in their booth area or the event hall. Vendors shall not be allowed to place anything on the walls of the event center. (Vendors should avoid using excessive noise or disruptive behavior to attract attendees to your booth.)

Safety. Vendors shall, at his/her/their own expense, be solely responsible for protecting its employees, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, the Vendor shall agree to act in accordance with the rules and regulations administered by FallsCon Gaming Convention, federal law and OSHA. Vendors shall be solely responsible and liable for any penalties, fines, or fees incurred.

Security. Vendors shall be responsible for all their items, cash, and products. FallsCon Gaming Convention Staff and volunteers will not be available or responsible for watching or securing a vendor booth, products, or items. (Vendors are encouraged to cover their products and items when vendor booths are closed.)

Independent Entity. Vendors acknowledge that they are an independent entity and not an agent, partner, joint venture, nor an employee of the FallsCon Gaming Convention. Vendors shall have no authority to bind or otherwise obligate FallsCon Gaming Convention in any manner, nor shall the Vendor represent to anyone that they have a right to do so. The Vendor further agrees that in the event FallsCon Gaming Convention suffers any loss or damage because of a violation of this provision, the Vendors shall indemnify and hold harmless FallsCon Gaming Convention from any such loss or damage.

Food and Beverage. Vendors shall not sale food or beverages without prior written approval from the event and venue.

Alcohol and Drugs. The Vendor shall agree that the presence of alcohol and drugs are prohibited on the Work Site and at the Event Center. If the Vendor or any of their agents, employees, or subcontractors are determined to be present with alcohol or drugs in their possession, this Agreement shall terminate immediately.

TERMINATION. FallsCon Gaming Convention shall have the right to terminate the Contract if: (A) The Vendor is found to be in irreconcilable breach of contract. (B) FallsCon Gaming Convention determines that the Vendor is not eligible to participate in the convention; or the Vendor violates FallsCon Gaming Conventions code of conduct. FallsCon Gaming Convention shall have the right to close the Vendors exhibit located at the convention and remove Vendors property from the Event Space and Exhibition Venue. The Vendor shall have the right to terminate the Contract if: (A) FallsCon Gaming Convention is found to be in irreconcilable breach of contract. If the contract is terminated at the fault of FallsCon Gaming Convention the Vendor’s Payment will be returned to them within 2 weeks.

CANCELLATION AND WITHDRAWAL. Vendor cancellations prior to December 31st, 2025, will have 100% of their payment returned. Vendor cancellations after December 31st to January 31st, 2026, will have 50% of their payment returned. Vendor cancellations after February 1st, 2026, will have 0% of their payment returned.

No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.

Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of Texas.

Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.