Terms & Conditions

Terms & Conditions for Attendees, Participants/Panelist or Volunteers of Comic Fiesta

These Terms and Conditions (“T&C”) together with the General Rules and Regulations which are appended under Appendix A of this T&C shall apply in respect of your participation and/or registration as an Attendee, Participants/Panelist or Volunteers (as defined below) in the Comic Fiesta event (“Event”) organised by Comic Fiesta Sdn Bhd (Registration No. 1093656-D) (“Comic Fiesta”). Your participation in the Event as an attendee, participant/panelist or volunteer is conditional upon your agreement and compliancewith this T&C

1. Definitions and General Terms

1.1 In this T&C, each of the following words and expressions shall have the following meanings and definitions, unless inconsistent with the context:

"Attendee”

means any person attending the Event, but does not include a Participant/Panelist, Volunteer or Exhibitor;

“Comic Fiesta”

means Comic Fiesta Sdn Bhd (Registration No. 1093656-D);

“Comic Fiesta Policies”

means policies in relation to the Event issued by Comic Fiesta from time to time;

“Exhibit”

means an exhibit to be exhibited by an Exhibitor at the Event;

“Exhibitor”

includes: (i) the exhibitor, (ii) those staffing the exhibitor’s booth or acting on the exhibitor’s behalf with regard to the Event, (iii) any other entity or person that applied for exhibit space rental and signed this T&C as an exhibitor, and (vi) each of exhibitor’s owners, officers, directors, members, shareholders, employees, contractors, agents, representatives, and invitees;

“Event”

means the event organised by Comic Fiesta;

“Event Venue”

means the venue where the Event is being held; 

“Infringing Content”

means material that violates any copyright, intellectual property (whether registered or not), trademark, patent, trade secret, privacy or publicity rights, or is defamatory to or violates the privacy of, any person or entity, such as but not limited to pirated, grey market, unlicensed, or bootlegged products, merchandise, costumes, characters or artwork;

“Participant/Panelist”

means (i) a performer or participant in a panel at the Event, and (ii) any person assisting the performer or participant including an employee, agent or an independent contractor of the participant/panelist;

“Parties”

means Comic Fiesta and the Attendee, Panelist/Participant or Volunteer, and “Party” shall mean any one of them;

“Released Parties”

means Comic Fiesta and its current and former officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, successors, and assigns; and

“Volunteer”

means an individual volunteering their services to Comic Fiesta and/or to Exhibitor(s) in respect of the Event.

2. Terms and Conditions

2.1 By registering or participating in the Event, you, whether as Attendee, Participant/Panelist or Volunteer, you confirm that you have read and agree to be legally bound by the following T&Cs.

2.1 Any and all payment (including but not limited to the participation fees) payable to Comic Fiesta by you (if applicable) are final and non-refundable. 

2.2 This T&C shall become binding and effective when accepted by you. In the event you materially violate: 

2.2 this T&C, including the Rules and Regulations; or

2.3 any of Comic Fiesta’s policies which are available via [http://comicfiesta.org], as Comic Fiesta may amend from time to time at its sole discretion (the “Comic Fiesta Policies”), 

Comic Fiesta may, in its sole discretion and without limiting any of its other remedies, terminate this T&C, request you to leave the Event Venue and/or refuse to permit you to participate in future Events. 

2.3 Comic Fiesta reserves the right to cancel, re-name or re-locate the Event, or change the dates on which it is held. Comic Fiesta will use all reasonable efforts to ensure that you are provided notice of the cancellation, re-naming or re-location of the Event.

2.4 In the event that Comic Fiesta cancels the Event for any reason, or changes the Event dates to dates that are not within thirty (30) days of its originally scheduled date, and you notify Comic Fiesta that you do not wish to participate in a rescheduled Event, Comic Fiesta shall refund you for payments made by you to Comic Fiesta to date, which shall be deemed full satisfaction of Comic Fiesta’s liabilities to you. 

2.5 In the event that Comic Fiesta changes the name of the Event, relocates the Event to another venue, or changes the Event dates to dates that are within thirty (30) days of its originally scheduled date, and that you do not intend to participate the Event due to the changes, Comic Fiesta may provide you with a refund, at its sole discretion, provided that sufficient notice is provided to Comic Fiesta. 

3. Compliance with laws and regulations

3.1 You shall comply with all relevant laws, codes, ordinances, rules and regulations, all rules and regulations of the convention, and all Comic Fiesta policies. Material non-compliance by you may result in immediate removal of yourself from the Event Venue without any refund.

3.2 Participants/Panelists shall at all times hold any valid licenses, permits, or approvals under the relevant laws applicable to their activities at the Event at their sole expense (if applicable).

4. Restrictions on Goods brought into the Event Venue

4.1 Any and all materials or items brought into the Event Venue including personal property may be subject to screening or security checks. Comic Fiesta expressly reserves the right to prohibit any materials or items from entry into the Event Venue.

4.2 Anti-Piracy / Grey Market Goods
The possession of “Infringing Content” is strictly prohibited at the Event. You represent and warrant that you will not display, sell, distribute, or make available any Infringing Content. In the event of any contravention by you, Comic Fiesta may, without further warning and without incurring any liability whatsoever, require you to remove the Infringing Content from the Event, and/or disqualify you from participating in future Events. Comic Fiesta shall not be liable for any Infringing Content, or failure to discover or remove such content.

4.3 Weapons, Prop Weapons and Obscene Material

    1. The possession of guns, tasers, mace, hand crossbows, metal and/or hard prop weapons of all kinds are strictly prohibited at the Event. Metal weapons and/or hard prop weapons of all kinds are not permitted onsite at the Event. Metal weapons and/or hard prop weapons include, but are not limited to, sharpened metal-bladed weapons (e.g., axes, daggers, hatches, knives, kunai, shuriken, swords, sword canes, and switchblades), blunt weapons (e.g., brass knuckles, clubs, and nunchaku), prop weapons made of metal and/or wood, functional and/or realistic replica firearms made of metal, and functional projectile weapons (e.g., crossbows and longbows).

    2. Any prop/replica weapons that do not adhere to Comic Fiesta’s Policies are strictly prohibited. You may only bring into the Event prop/replica weapons that adhere to Comic Fiesta’s Policies. A copy of Comic Fiesta’s Props Policy is available here: https://www.comicfiesta.org/cf-propspolicy

    3. Any obscene (as defined under Malaysian laws) material shall not be brought into the Event.

4.4 Comic Fiesta may demand the immediate removal of any material that fails to comply with this Section. If Comic Fiesta removes or restricts an item that Comic Fiesta considers to be objectionable or inappropriate in the commercially reasonable exercise of its sole discretion, no refund will be due to you, notwithstanding any other provision of this T&C.

5. Limitation of Liabilities 

5.1 You agree that Comic Fiesta and its employees, agents, contractors and officers shall not be held liable or responsible for:

  1. safety of the Attendees, Participants/Panelist, Volunteers during the Event; and

  2. the failure of any services or amenities provided by third parties and Exhibitors.

5.2 You acknowledge that there are hazards and risks incidental to participating in and attending the Event. By accepting the T&C and participating in and attending the Event, you freely and voluntarily assume any and all risks which are incidental to the Event, regardless of severity and regardless of whether or not caused by the negligence of Comic Fiesta, including, but not limited to, loss, property damage, injury or damage to persons and/or death.

5.3 You expressly assume all risks and liabilities arising from or related to the your participation, acts, or omissions at the Event, or performance under the T&C, including without limitation, all risks of personal injury, harm or loss of any kind suffered by anyone attending, producing, organizing or affiliated with the Event, Comic Fiesta, the Event, and the authorities, which risks include but are not limited to theft, harm, damage or injury to a person (including death), property, intellectual property, copyrights, trademarks, business, or profits, from whatever cause or source. You are solely and exclusively responsible for your property and will hold Comic Fiesta harmless for any theft, damage, or other loss to your property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by an insurer). You hereby acknowledge and agree that Comic Fiesta is not responsible for any personal property and shall have no liability resulting from any loss or damage to property belonging to you, including, but not limited to, loss or damage resulting from fire, storms, acts of God, air conditioning or heating failure, theft, pilferage, bomb threats, roof leaks, other Attendees or persons participating in or attending the Event or other causes.

5.4 You hereby agree that in the event that you break, deface, damage, or destroy any real or personal property or software, or hurt or injure or cause the death of a person, in connection with your participation in the Event, including but not limited to the property of Comic Fiesta or the Event Venue, you will be solely and personally liable and responsible for paying any and all costs, losses and liabilities in respect of the same, including and incidental or consequential damages relating to the damaged property or personal injury.

5.5 You hereby release and forever discharge and hold harmless the Released Parties from any and all claims, actions, damages, liabilities, costs or expenses (including attorney fees) which are related to, arise from or out of, or are in any way connected to the your participation in the Event, whether or not such claims, actions, damages, liabilities, costs or expenses are caused by the negligence of the Released Parties or by the infringement or violation of any right.

6. Indemnities

To the extent permitted by law, you hereby fully indemnify and hold the Released Parties harmless from any loss, expense, legal costs, damage or liability suffered or incurred in connection with any such claim, right, demand and/or cause of action made by you or any third parties (including governmental authorities) which may be levied, brought or made against Comic Fiesta as a result of your participation in the Event, or which Comic Fiesta may pay, sustain, or incur by a reason directly and/or indirectly linked with any act, omission or negligence by you in respect of the Event, including but not limited to violation of or wilful or negligent failure by you to comply with any laws and regulations or applicable guidelines, instructions, standards and/or terms and conditions issued by the relevant regulatory authorities.

7. Amendment of T&C

At any time, Comic Fiesta may amend these T&C without notice to you by posting the amended T&C on the Event website or Comic Fiesta’s website. The continued participation in the Event by you shall constitute acceptance of any such amended T&C.

8. Intellectual Property

8.1 Comic Fiesta retains all of its rights, title, and interest in and to its intellectual property including but not limited to Comic Fiesta’s trademarks and logos (the “Marks”), including but not limited to, [“Comic Fiesta”] as well as any other trademarks or logos, derivations thereof, and marks substantially similar thereto in which Comic Fiesta has or may obtain trademark rights. All third-party intellectual property provided to you by Comic Fiesta is reserved to such third parties unless set out separately in writing. Comic Fiesta makes no representations or warranties concerning third-party intellectual property.

8.2 You hereby grant Comic Fiesta the right to create photographs, video, digital, audio, or other recordings of you (“Comic Fiesta Recordings”) and grant Comic Fiesta the right to reproduce, display, distribute, perform, digitize, transmit, broadcast and otherwise use the Comic Fiesta Recordings in any and all media and manners now known or hereafter discovered throughout the world in perpetuity, in whole or in part, modified or altered, either by themselves, or in combination with other photographs, recordings or materials, without payment of royalties, license fees, or any other compensation in addition to that paid pursuant to this T&C. Comic Fiesta will hold the copyright to the Comic Fiesta Recordings. 

9. Entire agreement

The provisions herein constitute the entire agreement between the Parties and supersede any previous agreements, understandings, communications and representations, whether expressed or implied or oral or written, between them with respect to all matters dealt with herein.

10. Assignment

No Party may assign its rights or obligations herein without the prior written consent of the others.

11. Illegality

If any provision in this T&C is illegal, invalid or unenforceable, that provision shall be ineffective to the extent of such illegality, invalidity or unenforceability, without invalidating the remaining provisions herein.

12. Successors-in-title

This T&C shall be binding upon and enure for the benefit of each Party's successors-in-title, personal representatives and permitted assigns.

13. Governing Law and Jurisdiction

This T&C is governed by and construed in accordance with the laws of Malaysia. All Parties irrevocably submits to the non-exclusive jurisdiction of the Courts of Malaysia.

14. Force Majeure

No Party shall be liable to the other Party for non-performance or delay in performance of any of its obligations under this Agreement resulting from any act of God, flood, fire, war, riot, civil commotion, natural catastrophe, strike, act of government, change of law, or any supervening event of whatsoever nature beyond the reasonable control of the Parties. The Party claiming force majeure shall make every reasonable effort to remove the obstacle and to resume performance at the earliest practicable time.

Appendix A

Rules & Regulations for all Attendees, Participants/Panelists or Volunteers to Comic Fiesta

Effective Date: [**]

1. General

1.1 The Comic Fiesta Committee (“Comic Fiesta”) reserves the right to modify and/or update these Rules and Regulations and other Comic Fiesta policy or policies at any time at their sole discretion and without prior notice. To participate in Comic Fiesta Event (“Event”), you must comply with this Rules and Regulations in order to attend and/or participate in the Event. Violation of this Rules and Regulations may result in forfeiture of your Event Ticket, your expulsion from the Event and/or termination of your position with Comic Fiesta.

1.2 Comic Fiesta strives to create an environment which caters to the fan community, but would like to remind attendees that you are still expected to be law abiding and responsible for your actions. If you aren’t allowed to do it outside of the convention, it isn’t allowed at the convention. Attendees who violate these rules may be subject to expulsion from the convention without refund, and may be banned from attending again in subsequent years.

2. Behaviour

2.1 All Comic Fiesta attendees, guests, vendors, staff, and volunteers are expected to interact in a respectable and positive manner. We are all here to have a great time, so please use common sense and be courteous. We are looking to provide a safe, secure, and pleasant family environment, these activities are not allowed at the convention: 

  1. Engaging in disruptive and unsafe behavior that disturbs or endangers the attendees, guests, vendors, staff, or volunteers.

  2. Physical or verbal harassment of the attendees, guests, vendors, staff, or volunteers.

  3. Any activities deemed to be nuisances to the convention or the convention premises, including excessive noise or behaviour considered generally disruptive.

  4. Any act which could result in substantial risk or harm to people or property.

  5. Sexual misconduct, such as indecent exposure, offensive touching, or sexual harassment.

  6. Laser pointers, laser-aiming devices, or similar devices, may not be used in public, unless you are officially sanctioned to lead or present a convention seminar, workshop, display, or other convention-sanctioned event in which a laser is needed.

2.2 The following behaviours are considered unacceptable at the Event:  

  1. hugging, groping, back-slapping, kissing or other unwanted physical contact without prior consent of the recipient. This also includes unwanted advances or other similar forms of behaviour considered to be harassment;

  2. engaging in any activity prohibited by law;

  3. smoking or consuming alcohol; and

  4. bringing along animals or pets.

2.3 All individuals whose actions violate these rules will be asked to stop such actions. Comic Fiesta reserves the right to require anyone violating these rules of conduct to leave the event. Comic Fiesta may ban said person or persons from the event if that person continues to violate these rules. Any violation of the rules of conduct which involve activities prohibited by law will result in notification of the proper authorities.

3. Costuming, Props and Dress Code

3.1 Cosplay (Costume Play) is highly encouraged, but please keep in mind the guidelines and restrictions below: 

  1. Costumes that are deemed to be indecently revealing (the “no costume is not a costume” principle), as well as costumes or props that are deemed to be offensive or otherwise unacceptable are prohibited. 

  2. Costumes and clothing should not expose the body in such a way as to be deemed indecent exposure by the authorities, regulators and the general public or the discretion of Comic Fiesta. Private parts must be covered in an opaque material that will not slip or have gaps. Males wearing tight-fitting costumes are required to wear a dance belt.

  3. Costumes worn on the convention floor must not obstruct or impede the flow of traffic or entryways. If the costumer cannot fit through a standard doorway, it may not be allowed during convention hours.

  4. Attendees with bulky costumes, costumes that obscure the vision, or costumes with large extensions such as wings or spikes, should have a designated “handler”, to assist them through the hallways and crowds.

  5. Functioning wheels cannot be used as part of a costume or prop (i.e. anything that you might ride, push, or pull). We love your creativity, but please save the wheeled costumes/ props for your photoshoots.

  6. No costumes may be realistic depictions of Malaysian law enforcement or governmental agencies, i.e. the Royal Malaysian Police (“RMP”) uniforms, military, naval or air service uniforms, emergency medical personnel, or any official government agent. Attendees are prohibited to wear, use or display any uniform of the RMP, military naval or air service, or any badge or device to indicate that he is a member of the RMP or of the military, naval or air service.  

  7. All large props or any props resembling weapons (including guns, swords, spears, whips, bows, etc.) must pass through weapons check and be verified and tagged by the Prop Check Counter to ensure they are safe. Failure to do so may result in expulsion from the convention without refund. Please refer to our Props Policy under paragraph 4 for more details.

3.2 Comic Fiesta has the absolute right and sole discretion to decide whether your costume complies with paragraph 3.1 above, and to request the removal or modification of that costume. Should you refuse to cooperate, we may expel you from the Event in order to protect the safety and welfare of everyone at the Event. An attendee who is wearing a costume or carrying a prop that does not meet the requirements under paragraph 4 below may be asked to change into either street clothes or another costume acceptable to Comic Fiesta.

3.3 Comic Fiesta only has jurisdiction over the convention area. Cosplaying may not be allowed or received well outside the convention area.

4. Props policy

4.1 Attendees are reminded to adhere closely to the law for the safety of everyone involved in the event. Kindly do not bring realistic replicas or props that look similar to real guns. Note that realistic replicas and imitation arms are illegal by nature and we hope attendees will respect the law.

4.2 All weapons, real and imitation, are strictly prohibited. These include, but not limited, to the following:

  1. Firearms

  2. Knives

  3. Curios

  4. Relic antique firearms,

  5. Any form of ammunition 

  6. Imitation guns (with or without colored tape)

  7. Imitation guns that are based on an actual gun (whether or not it has been recolored)

  8. Any imitation firearm that may be mistaken as a real weapon

  9. Sharp metal items (any exposed sharp metal points)

  10. Firearms (including airsoft rifles)

  11. Explosives of any kind (including those that produce sparks)

  12. Devices that emit fire

  13. Devices that shoot projectiles (including water and foam darts)

  14. Devices that generate smoke or confetti

  15. Devices that emit excessive noise or light

4.3 Throwing, pointing, swinging, brandishing or mock fighting with weapons or props is prohibited. 

4.4 All props and weapons must be brought to the Prop Check Counter for approval. Here is the approval process:

  1. Bring the prop/weapon to the Prop Check Counter at the main entrance. A staff member will assess the risk factor of your prop/weapon within the convention. Kindly provide your particulars if requested.

  2. If your prop/weapon is approved, the prop/weapon will be tagged and returned to you. The tag provided must be kept on the weapon for the duration of the convention and may not be removed for as long as you are within the convention area. Please note that the tag should be replaced at the Prop Check Counter if it goes missing.

  3. If your prop/weapon is deemed too risky, you will have to remove it from the convention area immediately. Any cosplayer found within the convention area with an untagged prop/weapon or is handling his/her prop/weapon irresponsibly, the prop/weapon may be requested to be reassessed by the Prop Check Counter.

  4. All decisions by event security staff are final. We reserve the right to confiscate any prop/weapon for violations of the props/weapons policy, intentional removal of prop tags or if a prop/weapon that we have already rejected is found in the convention area. Violation of these rules or failure to cooperate may result in your removal and subsequently, banning from the convention.

4.5 You may display your prop weapons only as costume pieces. Do not swing or brandish your prop weapon in any way that could be considered unsafe or threatening. You may pose with a prop weapon in a brandishing manner, so long as no reasonable person would interpret it as anything but a pose for dramatic effect. Event staff or management may stop your posed brandishing in their sole discretion.

4.6 Please put your prop weapons away when leaving the Event site at night so that you don’t get the attention of local law enforcement. Comic Fiesta cannot be responsible for any actions taken by local law enforcement agencies, such as detaining and questioning you, if you decide to display or brandish your prop weapons at or outside of the Event.

4.7 Under the Section 36 of the Firearms Act 1960, any person who imports or has in his possession or custody an imitation arm shall, on conviction, be liable to imprisonment for a term of up to one year, or to a fine of up to RM5,000, or to both

5. Photography and Video

5.1 Please ask our convention attendees for their permission before taking their photograph. If they say no, please do not take a photo of them anyway.

5.2 Please ask parent, guardian, or chaperone for permission to take a minor’s photo and let them know where the photo will be located. If they say no, please respect their wishes.

5.3 Do NOT take indecent or exploitative photos of any attendees. Anyone found doing so may be expelled from the convention area.

5.4 All attendees and cosplayers at the Event are not allowed to take photos at the Artist Booth Area and all hallways at the Event to prevent obstruction of traffic flow. Photography of merchandise in the Artist Booth Area is prohibited, unless you’ve obtained consent from the vendor.

5.5 Photography and recordings may be permitted during workshops, panels, and guest sessions and in the Creative Factor Panel Room at the discretion of the host(s)/artists involved. If you are unsure whether photography or videography are allowed during a particular event or in a particular area, ask permission from Comic Fiesta Staff first.

5.6 Flash photography is NOT allowed during guest signings or Celebrity Q&A sessions.

5.7 The management of the convention reserves the right to prohibit photography and/or videotaping of any event or area and the convention staff may review and/or demand deletion of any unauthorized photographs or video recordings.

6. Food and Drinks

6.1 Food or beverages are strictly prohibited within the event hall. Food and beverages purchased from pop-up cafés (e.g. La Petite Fox) are strictly restricted for consumption within the cafe area only. 

7. Cleanliness

7.1 All persons attending the Event are expected to take proper measures to maintain a clean environment and dispose of any garbage properly when they are done.  Any person who causes damage or are otherwise litter may be expelled from the convention.

 

Notwithstanding the foregoing, or any other provisions of the rules, Comic Fiesta and its agents, staff, volunteers, and other representatives, disclaim all liability for any actions of Attendees, Participants/Panelists and Exhibitors at the convention and do not assume any responsibility for any of such actions.



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