Before proceeding, please understand this agreement is specifically and only for artist table requests for the UNITED STATES venue ONLY! Due to specific scheduling considerations and venue limitations, Canadian venue artists will be first invited from the list of 2016 artists or via other considerations.
I. INTRODUCTION AND SUMMARY
The purpose of this agreement is to describe, with the intent of establishing, a short-term limited contract between Fan World and an independent commercial entity. Fan World will provide a specific quantity of physical space for the use of the commercial entity in the sale of merchandise to those in attendance of Fan World during specific hours of the event’s operation. In return, the event will be financially compensated in advance by the commercial entity in a specific amount based on the quantity of physical space provided and other related services provided by Fan World and its organizers. Both parties in this agreement are accepting the terms and conditions therein.
II. LANGUAGE AND TERMINOLOGY
The Event: Fan World 2018, at the Niagara Falls, and its agents or representatives
Venues: The indoors events facilities provided by a third-party property manager or owner
Artists’ Alley: The venue area specifically designated for use by Artists for commercial intent
Table: The means to which an Artist can display their merchandise to customers in Artists’ Alley
Artist: Independent commercial entity who is participating in Fan World in the Artists’ Alley
Attendee: Any non-staff person who is authorized to enter the Artists’ Alley at Fan World.
III. APPLICATION OF ARTISTS’ ALLEY SPACE & SERVICES
SALE AND APPLICATION OF ARTIST EXHIBITION SPACE
The Artist shall pay Fan World in advance for the physical space that said Artist reserves in the Artists’ Alley. The Artists’ Alley is divided by Fan World into spaces referred to as tables. The exact size of these tables and their costs are specified below. These figures should be considered official and final against any other quoted rate unless a printed addendum to this contract specifying new rates is distributed to and mutually agreed upon in writing by all potential parties.
Artists wishing to reserve Artists’ Alley table(s) and/or services should complete the application below and email it to the address provided therein. The Artists also needs to accept this agreement and send payment in full along with the application. Payment for reserved Table(s) and/or services is due in full at the time of application, and it shall be remitted as digital payment. All materials necessary for application (completed form below and payment) must be received at once. The Artist's Alley Head reserves the right to return any application which is deemed incomplete for further completion.
Applications must be received on or before the “Final Cut-Off Date” as specified below; applications received after this date may be rejected. Fan World is not liable for any form of personal or business loss incurred due to the cancellation or forfeiture of application for any reason, including potential loss.
SCREENING OF ARTISTS AND MERCHANDISE
Fan World may base Artists’ Alley acceptances to meet certain merchandise-based quotas. Fan World also screens all merchandise to be sold by any Artist. Information on the merchandise to be sold by an Artist must be sent with the original application below. Failure to include this information may lead to rejection. Fan World reserves the right to interpret whether given pieces of merchandise conform to an Artist's pre-approved list during Fan World (see Section VI, “Policies on Merchandise & Business Practices”), as well as on matters of appropriateness. Artists should be very specific when providing this information in their applications. Fan World staff may apply a literal interpretation of the information provided by an Artist at their discretion. Fan World is not obligated to provide a reason for rejecting an Artist or deferring an Artist to the stand-by list.
CONFIGURATION AND ARRANGEMENT OF TABLES
Spaces reserved by an Artist will be contiguous in their arrangement (each space allocated to an Artist may share at least one linear border with another space allocated to that same Artist). Fan World staff will attempt to ensure all spaces are positioned end to end, but tables may be placed or re-positioned before, or during, the event at the discretion of staff. Placement and re-arrangement of tables and Artists’ Alley space is to be considered notification and may not be a negotiation.
Where Fan World can not meet an Artist's request for a particular arrangement or special need, Fan World may contact the Artist to discuss alternatives, or provide a payment reimbursement if there are no acceptable alternatives. Fan World is not required to reveal the exact location or relative position of any table(s) of Artists’ Alley space – only venue. Final decisions on the arrangement of the room will be made by staff, and Artists will be shown to their assigned spaces when they arrive at event.
THE MAGIC NUMBER
Is 42. All other numbers will be deemed "non-magical."
An Artist may be placed in a stand-by list for several reasons, and any application payments received will be returned where the application is not accepted. The Artist will be contacted when they are placed on the stand-by list, and when the application is thereafter accepted.
ADDITIONAL ARTISTS’ ALLEY SERVICES
Additional services and items may be available to Artists as specified in the Figures and Measurements Appendix (as seen below). Artists should make certain to specify in their applications which services they may need. Fan World shall not be held under any obligation to guarantee the availability of any special service requests before, during, or after the event.
CONVENTION FACILITY EXPENSES
Application payments paid to Fan World are intended to pay for the application of space and specified services as specified on the application and in the contract (i.e., Figures and Measurements Appendix). Artists should note how the payment of any fees, bills, or expenses imposed upon them by Fan World as a result of their actions or participation in Fan World is solely their own responsibility. The Event will not cover or repay to any Artist any costs incurred for reasons including, but not limited to, loading and unloading activities, maintenance requests, or services provided by the venue.
Application payments do not serve as insurance or escrow against any fees which may be imposed upon an Artist by the venue. Fan World plays no role in the imposition or resolution of such transactions or fees. Any concerns regarding additional fees should be directly addressed to staff via the contact information included in the Figures and Measurements Appendix (found below).
CANCELLATION OF APPLICATIONS
An Artist may cancel their applications after payment has been received by Fan World so long as notification of cancellation is received by the Artists’ Alley Head no later than June 15, 2018. In this case, all application payments will be returned to the Artist. After the cancellation date, all application payments become non-refundable except under extenuating circumstances as arbitrated by the Artists' Alley Department Head and/or the chairperson of Fan World.
The Event reserves the right to cancel a contract and application at any time without prior notification and without providing a specific explanation. In this event, the Artist may be refunded all application payments paid to Fan World. In this case, Fan World shall not be liable for any other costs incurred by the Artist as a result of contract cancellation, including but not limited to travel, lodging, freight expenses, etc. The agreement is considered null and void if any of the information provided is seen to be false or misinformation has been provided for any perceivable fraudulent purposes.
IV. ARTISTS’ ALLEY OPERATION
GENERAL POLICIES FOR ACCESS TO ARTISTS’ ALLEY
The Artists’ Alley shall be open during scheduled hours over the course of the event. The event and the venue are not responsible for any items which may be lost, stolen, or damaged during the event. Artists are welcome to vacate or pack up their tables at any point, but the event and venue are indemnified from any consequences of this, including loss. Contact the Artists’ Alley Head to report any incidents.
ARTIST ACCESS TO ARTISTS’ ALLEY TABLES AND BADGES
Fan World reserves the right to request photo identification from Artists to confirm their access to their table(s). Two (2) Fan World admissions are included with table applications, and each table is limited to two (2) people behind the table. Admission may not be used by any person other than the Artist to whom it is issued, otherwise risking the Artist and their property being removed from Fan World.
SETUP AND TEAR-DOWN
Fan World will publicize when Artists may access their tables. Artists who show up prior to the specified times may be refused entry by Fan World or venue staff. Fan World has no obligation to offer or provide assistance of any kind to Artists in moving or setting up their displays and merchandise.
It is prohibited for any Artist to utilize event space for the purpose of selling anything outside of his or her table(s) during the event without the express permission of the Artists’ Alley Head or chairperson. All Artists must remove their merchandise and displays from Fan World site by the end of the event.
FORFEITURE OF UNCLAIMED SPACE
Unless prior arrangements are made with the Artists' Alley Head, any Artist, or representative thereof, who does not arrive by 10:00 AM on the Saturday of Fan World forfeits any tables they have reserved.
PLACEMENT OF DISPLAYS, SIGNAGE, AND OTHER TEMPORARY FIXTURES
Decorations, signs, banners, or any other form of signage may not be physically fastened(i.e., with nails, tacks, staples, or other similar fasteners) to any part of the floor, wall, or ceiling in the venue without the express permission of the Artists’ Alley Head or chairperson. No holes may be drilled, cored, or punched into venue or event property. All fire, safety, and building regulations must be strictly followed. Artists are responsible for the removal of all materials at the end of Fan World.
DISPLAYS AND PRESENTATIONS
All audio or video presentations must be appropriate for all ages. Audio volumes must remain at a reasonable level, and event staff reserves the right to request any audio or video changes or removal.
Any promotional material (eg. For other events) must be approved by the Artists’ Alley Head or chairperson prior to event. Failure to comply may result in removal of materials and/or Artist.
V. POLICIES ON MERCHANDISE & BUSINESS PRACTICES
Event has specific policies regarding merchandise which may be sold in the Artists’ Alley. Approval for all merchandise to be sold by Artists if necessary during the application process (see Section III, “Screening of Artists and Merchandise”). The following may not be sold under any circumstances:
• Commercial items not created by the Artist (comics by other creators, action figures, etc.)
• Bootlegs or unauthorized copies of intellectual properties not owned licensed by Artist
• Used; or potentially unsanitary/unsafe merchandise
Staff may require the removal of merchandise which may violate intellectual property laws, is deemed offensive, or is considered inappropriate for a public, family-friendly event. Any Artist may be ejected from Fan World is unallowable activity persists after a first warning is given.
The Artists' Alley Head and event chairman reserves final judgment regarding the allowance of any merchandise in the Artists’ Alley. The event may require the immediate removal of any item which was not pre-approved per the stipulations set forth within the “Screening of Artists and Merchandise” provision below. Final judgment for all merchandise lies with the Artists' Alley Head or chairperson.
Failure to comply with these guidelines or the decisions of staff may result in the immediate removal of the offending Artist from the Artists’ Alley and/or Fan World without refund or recompense.
Within these guidelines, those of the venue, and those of city, state, and national laws; it is e event’s policy to allow Artists to carry out their business in the manners they choose. As such, Artists are free to refuse refunds, limit payment methods, and set other related policies in their commercial operations.
No Artist is allowed to sell merchandise under the guise of a different creator or Artist. Two Artists are allowed to share a table in the Artists’ Alley, and both must be listed on the original application. Anyone an Artist knowingly or permissibly allows behind their table is considered a representative of the Artist(s) in all matters legal, commercial, or regarding responsibility, obligation, and liability.
Fan World is considered a public and “family friendly” event. Artists with “adult” merchandise should be aware of all state and local laws governing the sale of such merchandise. Fan World is not responsible for ensuring such merchandise conforms to any and all laws, and Artists agree to take full and sole responsibility for any consequences which may arise as such. All merchandise which may not be appropriate for all ages, or is otherwise considered sensitive and/or inappropriate, must be displayed discretely (out of plain sight) or be removed altogether. Artists are responsible for age-verification for all age-sensitive merchandise purchases. These provisions will be more severely enforced.
VI. SAFETY & SECURITY
CONVENTION AND ARTISTS’ ALLEY SECURITY
Fan World has a zero tolerance policy regarding theft, shoplifting, other forms of consumer fraud, and all forms of criminal activity. Staff may prosecute those committing infractions, and anyone observing these acts should immediately inform event or venue staff. Artists are restricted from detaining anyone for any reason out of regard for liability and safety. Artists are responsible for their own merchandise. It is understood how leaving unattended merchandise, promotional and/or display materials, or personal belongings at or around any Artists’ Alley table is the risk of the Artists and their visitors.
Neither Fan World nor its agents or representatives will be responsible for any injury, loss, or damage which may occur to any Artist, their associates, or their property for any reason. Artists are encouraged to obtain, at their own expense, adequate insurance against such injury, loss, or damage.
Fan World shall not be liable for failure to perform its obligations under this contract as a result of strikes, riots or public unrest, acts of God, or any other cause beyond the event's control. Anyone visiting, viewing in, or otherwise participating in the Artists’ Alley is deemed to be the invitee or licensee of the Artist, rather than the invitee or licensee of event. Fan World shall not be liable for any injury whatsoever to the property of the Artist or the persons thereof (including the Artists), or otherwise participating in the conduct of the table or the invitees or guests of the Artist.
The Artist freely accepts full and total responsibility for the conduct of all persons acting as agents of the Artist, thus indemnifying Fan World, the venue, and all agents from all liability arising from Artists.
There are no other agreements or warranties between the Artist and Fan World except as set forth in this document. All rights of the event and venue under this agreement shall be deemed not waived.
VII. SCOPE OF AGREEMENT
SUMMARY OF SCOPE
This agreement defines the characteristics of a limited, short-termed association between Fan World and an independent commercial entity. Should any situation relevant to the aforementioned association arise which is not described or controlled by this agreement, the Head of Artists' Alley or the chairperson of Fan World may act as arbiters to resolve these matters.
PROCEDURE FOR ALTERATION OF THE CONTRACT
The terms and stipulations of this agreement should be considered official and overriding against any other conflicting sources of information. The terms of this agreement should be considered null and void against those of another agreement bearing a later date and mutual agreement.
LIFE OF THE CONTRACT
Fan World reserves the right to cancel this agreement at any time, and for any reason, before June 16, 2018. Any legal action, court proceeding, or arbitration, to construe or enforce this contract or otherwise resolve any dispute between any parties based on this agreement, shall be initiated and maintained within Niagara County, NY, - the presiding region for the event. All event agreements are herein to be formalized in agreement, executed, and concluded in New York State only.
Any alteration to this agreement by either party is considered null and void. Acceptance of this agreement for the Artist is assumed upon the completion of this application and completing payment. Furthermore, acceptance for Fan World is assumed upon delivery of the acceptance correspondence.
FAN WORLDFIGURES AND MEASUREMENTS APPENDIX TOARTISTS’ ALLEY CONTRACT (2018)
This document is a supplement to the Fan World Artists’ Alley Contract. It contains various figures, measurements, and other miscellaneous information.
Fan World 2018 will take place from July 6th through July 8th, 2018.
Convention facility (2018):
U.S. LOCATION:The Conference & Event Center Niagara Falls101 Old Falls StreetNiagara Falls, NY. 14303
CANADA LOCATION:The Falls Avenue Resort5685 Falls Ave.Niagara Falls, Ontario. L2G 7T5
Please note: Event and/or venues are subject to change without prior notification.
Each table will (tentatively) measure 8 foot by 30 inches and have a cost of $95 USD. Each table includes two (2) 3-Day admissions with Artist access privileges.
Electricity, Internet access:Artists are responsible for making their own arrangements with the Fan World facility for any services. Electricity is typically provided with each table, but usage is limited to reasonable, low-voltage uses consistent with the commercial needs of each Artist. Restrictions include high-voltage uses; including irons, glue guns, t-shirt makers, etc. Complementary wireless Internet may be provided, dependent on venue.
Final cut-off date for applications:To Be Announced (Based on Availability) Final date for cancellations:June 15th, 2018
E-mail contact: firstname.lastname@example.org
After submitting this form, don't forget to submit payment. Please complete deposit by sending full payment to:
email@example.com (using Paypal) along with your studio name and email address.
PLEASE REMEMBER: Your application for an artist table and proper consideration are not accepted unless BOTH this application and payment are submitted. Where applicable, if payment is submitted and the application is denies full reimbursement will be promptly returned.
PLEASE REMEMBER: FOR 2018 WE WILL ONLY BE ACCEPTING APPLICATIONS FOR OUR U.S. VENUE. Canadian venue artists will be invited and/or registered by alternative means consistent with venue allowances and limitations.
The representatives of the aforementioned studio will make all appropriate efforts to cooperate with the staff of Fan World and the venue in the assurance of the safety and well-being of the attendees of Fan World with respect to Artists’ Alley merchandise sold by the studio, and the actions of the Artists and their representatives. I indemnify Fan World, the venue, and both staffs from all liability from all consequences directly or indirectly resulting from my table, merchandise, actions, and attendance.
By signing you waive Fan World, its representatives and organizers, and the Conference and Event Center at Niagara Falls and The Falls Avenue Resort from direct or indirect responsibility for intellectual property liability claims.