The undersigned (“Vendor”) hereby submits this application for vendor space at the NatsuCon 2015 Convention to Momo Summertime Enterprises Corp. (“Organizer”) and hereby acknowledges and agrees to the terms and conditions set forth herein and to any/all other rules and regulations as may be established by the Organizer. The Vendor further agrees that, upon acceptance by the Organizer of this fully executed application, this application shall become a legally binding contract (“Contract”), enforceable against the Vendor in accordance with its terms. 1. Location of NatsuCon 2016 Convention: Gateway Center, 1 Gateway Dr, Collinsville, IL 62234
2. Date of Convention: Friday, July 22nd, 2016 to Sunday July 24th, 2016.
3. Placement of Vendor: ‘Ballroom C’ on the ground floor of the Collinsville Gateway Center meeting space.
4. Vendor Space Rental Fee: The rental fee is per 10’ x 10’ Booth. One table with linen and skirting, and two chairs will be provided per 10’ x 10’ Booth. Electricity and wifi will be available for an additional fee. Fee payment per Booth is: $200.00 – due upon receipt and no later than two (2) weeks after acceptance. Determination of Booth location is on a first come, first serve basis. All locations are subject to change as mandated by the State of Illinois and the city of Collinsville fire and building codes. The Organizer reserves the right to change Vendor placement in the Vendor’s Room as required per all fire and building codes. 5. Payment Terms: Payment is due in full and must be received within five (5) days of a Vendor’s application being confirmed by the Organizer. Payments will be accepted through PayPal payments made to firstname.lastname@example.org or through an EventBrite link sent to the email presented in the form. Failure to pay within five days of a Vendor being notified through email of confirmation will result in a loss of the vendor space. Failure to submit a signed contract at least 30 days before the convention weekend will result in forfeiture of payment and loss of Vendor’s space. An email as well as a phone call confirmation will be made upon receipt of Vendor’s contract. 6. Vendor Membership: Each Vendor shall receive two (2) badges for the first Booth, and one (1) additional badge for each Booth purchased thereafter. Vendor is requested to submit required number of badges before convention dates. Additional badges may be obtained at the convention for an additional fee on a need-only basis. All badges will require vendor signature and limited contact information with ID to receive badges on the day of the show. This is to prevent entry from unauthorized persons. 7. Installation and Removal Time of Vendor: The Vendor may begin set-up at 10:00 am on Friday, July 22nd, 2016. All Vendors must be in place by 3:00 pm Friday, July 22nd, 2016. All Vendors must be removed by 6:00 pm on Sunday, July 24th, 2016.
Vendors are responsible for the removal of all materials at the conclusion of the Convention. Materials not removed by this time will be removed by Organizer and placed into storage and/or shipped at the Vendor’s expense. 8. Vendors’ Hall Hours: FRIDAY July 22nd, 2016 from 3:00 pm to 8:00 pm SATURDAY July 23rd, 2016 from 10:00 am to 9:00 pm SUNDAY July 24th, 2016 from 10:00 am to 5:00 pm Organizer reserves the right to change vendor and setup hours for NatsuCon 2016, as it may deem necessary.
9. Food and Beverage Sales: Vendors are not permitted to sell pre-packaged snack foods without authorization from the Host. All beverage sales must be cleared by NatsuCon Organizers and the Convention Host (GATEWAY CENTER) at the time of application. Vendors may give out samples of food or beverages providing arrangements are made with the Convention Organizers and Convention Hosts prior to the commencement of the Convention. Any Vendor at NatsuCon 2016, selling beverages of any allowable kind, must strictly abide by the Convention Organizer(s) and Host’s rules and regulations regarding sampling. Any violations of this provision may result in the suspension of the Vendor’s ability to sell or give out samples of food/beverage items for the remainder of the Convention.
VENDOR CONTRACT TERMS
1. Defined Terms: The term “Convention” means NatsuCon 2016 Anime Convention. The term “Convention Dates” specifically references the dates during which the Convention shall be held. The term “Facility” shall refer to the GATEWAY CENTER located at 1 Gateway Dr, Collinsville, IL 62234. The Convention is organized, produced and operated by Momo Summertime Enterprises Corp. The term “Organizer” shall include collectively NatsuCon and each of its respective officers, directors, agents, affiliates, representatives, employees and assigns, unless the context requires otherwise. The term “Vendor” collectively means (a) the company and any other person that applied for rental of vendor space at the Convention and was accepted by the Organizer in the manner specified below, and (b) each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees as applicable. The term “Contract” collectively refers to the fully executed Vendor Hall Application and Contract. The term “Adult Material” shall include any book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, video, digital depiction or other representation, figure, or image on or of paper, film, digital media or other material, which contains nudity or sexually explicit images, audio or scenarios; OR any cast, instrument, toy or other article with a sexual or prurient primary intended use, which is inappropriate or legally prohibited for viewing, use and/or consumption by persons under the age of 18. The term “Obscene” shall be defined in accordance with the U.S. Supreme Court’s legal definition, “For something to be ‘Obscene’ it must be shown that the average person, applying contemporary community standards and viewing the material as a whole, would find (1) that the work appeals predominantly to "prurient" interest; (2) that it depicts or describes sexual conduct in a patently offensive way; and (3) that it lacks serious literary, artistic, political or scientific value. An appeal to "prurient" interest is an appeal to a morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex.” The term “Bailee” refers to the agent to whom property involved in a bailment is delivered to or held by, even if only on a temporary basis.
2. Contract Formation: This document represents the terms of Organizer’s offer to Vendor for use of vendor space at the Convention Facility. The Vendor’s signature on this document shall constitute full and voluntary acceptance of the Organizer’s terms. Moreover, by signing this document, the Vendor warrants that it has had an opportunity (regardless of whether such opportunity was exercised or not) to review each and every term herein with an attorney of its choosing, has itself read each and every term herein, and understands and accepts each and every term herein. The terms of this document shall constitute a legally binding Contract upon Organizer’s approval of the Vendor’s fully executed and signed application packet and Organizer’s acceptance of applicable fees for the Vendor’s rental of the Conventions’ Vendor space. Finally, Organizer shall not be bound by any terms in this document until the Vendor completely and properly executes this document and pays in full the applicable fees to Organizer.
3. Assumption of Risk: Vendor expressly assumes any and all risks associated with, resulting from or arising in connection with Vendor’s participation or presence at the Convention. Vendor has sole responsibility for its property and/or any theft, damage or other loss to such property. The Organizer(s) and Facility Host assume no responsibility or liability whatsoever which may arise thereof. Vendor agrees to accept any and all responsibility for said merchandise (regardless of any provided storage, including but not limited to any subrogation claim by Vendors insurer). Further, neither the Organizer nor the Convention Facility shall be responsible or considered a bailee for property delivered by or to Vendor, even if at any time during the Convention set-up, the actual Convention schedule, or pack up and break down periods of the event, that such delivery should pass through the temporary control of the Organizer or Convention Facility and its/their respective agents. 4. Release From Claims: Neither Organizer nor the Convention Facility shall be liable for, and Vendor hereby fully and forever releases and discharges the Organizer and Convention Facility, individually and collectively, and their past, present and future officers, directors, shareholders, employees, contractors, agents, representatives, and attorneys, and their respective predecessors, assignees, lessees and successors in interest from, all claims, actions, causes of action, demands, cross-claims, obligations, contracts, contributions, debts, sums, accounts, suits, controversies, indemnities, rights, damages, counterclaims, costs, attorneys’ fees, expenses, consequential damages, torts, losses and liabilities whatsoever in law or in equity, which may accrue individually, collectively or otherwise in connection with, relating to or arising out of Vendor’s participation and/or attendance at the Convention. Vendor acknowledges that subsequent to the execution of this Contract, there is a possibility that it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this Contract was executed, and which if known by the Vendor at that time may have materially affected its decision to execute this Contract. Vendor acknowledges and agrees that by reason of this Contract, Vendor is assuming any risk of such unknown facts and such unknown and unsuspected claims.
5. Indemnification: Vendor shall on a concurrent basis, indemnify, defend (with legal counsel satisfactory to Organizer in its sole discretion) and hold Organizer and the Convention Facility harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys' fees and expenses, which result from or arise out of or in connection with (a) Vendor’s participation or presence at the Convention, (b) any breach by Vendor of any agreements, covenants, promises or other obligations under this Contract, (c) any matter for which Vendor is otherwise responsible under the terms of this Contract, (d) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other intellectual proprietary right, (e) any libel, slander, defamation or similar claims resulting from the actions of Vendor, (f) harm or injury (including death) to Vendor or acting agents thereof, (g) loss or damage to property or the business or profits of Vendor, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise; and (h) any and all torts whether they are intentional or a result of negligence. Vendor shall not settle or compromise any claims against Organizer without Organizer's prior written consent.
6. Limitation of Liability: Under no circumstances shall Organizer or the Convention Facility be liable for any lost profits or any incidental, special, indirect, punitive or consequential damages whatsoever for any acts or omissions whether or not warned of the possibility of any such lost profits or damages. Under no circumstances shall Organizer’s maximum liability ever exceed the amount actually paid to Organizer by Vendor for vendor space rental pursuant to this Contract. Organizer makes no representations or warranties, express or implied, regarding the number of persons who will attend the Convention or regarding any other matters.
7. Qualifications of Vendor: Organizer, in its sole discretion, shall have the right to determine whether a prospective Vendor is eligible to participate in the Convention. Organizer may at its discretion require applicants, held by the Organizer, to submit a description of the nature of their business and the items they intend to sell. Failure to respond to Organizer’s request will result in the denial of the application. At any time prior to or during the Convention, Organizer reserves the right to restrict or remove any vendor, which Organizer in its sole discretion determines to be objectionable, offensive, inappropriate, in opposition or competition of the Organizer, or illegal. Vendors with Adult or Obscene Material may not be displayed except to those persons eighteen (18) years of age and over. If Organizer removes or restricts a Vendor which Organizer considers to be objectionable, offensive, inappropriate, or illegal, the Vendor shall forfeit the right to any refund(s). A violation of this provision may result in the Vendor’s immediate expulsion from the Convention without recourse, and may also result in additional penalties including but not limited to the suspension of Vendor and/or membership privileges for any duration up to and including a life-time ban with the duration to be decided by the Organizer at its sole discretion. If Organizer removes or restricts a Vendor which Organizer considers to be objectionable, offensive, inappropriate, or illegal, then no refund will be due Vendor for the rental of the vendor space.
8. Cancellation by Vendor: Should for any reason a Vendor choose to cancel this contract, at any time during and until the conclusion of the Convention, any goods, services or monies paid as a partial or full deposit to secure vendor space shall be deemed equivalent to the cancellation fee or liquidated damages and shall not be refunded. This includes but is not limited to any product received in kind from Vendor to Organizer. Organizer also reserves the right at its discretion to treat a Vendor’s downsizing of booth space(s) as cancellation of the original contracted space and will constitute the necessity of purchasing a new booth space. The Organizer may require Vendor requesting to downsize its original contracted booth space to move to a new location. *Cancellation requests received in writing by Organizer from Vendor within fourteen (14) days of the confirmation of a Vendor’s application will be released from Vendor contract and any/all monies received by Organizer will be refunded.
9. Cancellation by Organizer: If Vendor fails to make a/any payment required by this Contract in a timely manner, or otherwise materially violates a provision of this Contract, Organizer may immediately terminate this Contract and Vendor’s participation in the Convention without further notice or further obligation to refund any monies previously paid. Organizer also reserves the right at its discretion to refuse Vendor access to Convention if Vendor has failed to pay any/all monies due to Organizer or Facility. Organizer is expressly authorized, but without obligation, expressed or implied, to occupy or dispose of any space vacated or made available by reason of action taken under this paragraph. Organizer may occupy or dispose of such space in any manner it may deem best. Additionally, Vendors’ vacating of its vendor space or expulsion from said space will not release Vendor from any liability arising thereof. Organizer may also terminate this Contract, effective immediately upon service of written notice of termination to Vendor should Vendor breach any of its obligations under the contract. Such termination shall not create any obligation, expressed or implied, for the Organizer to refund any payments previously made. Nor shall such termination effect to release Vendor from any liability arising as a result of or in connection with such breach.
10. Cancellation of Convention: If Organizer is forced to cancel the Convention due to circumstances beyond Organizer’s reasonable control, Organizer shall refund to each Vendor any fees already paid for vendor space. Such refund shall be considered full satisfaction of Organizer's liabilities to Vendor. Vendor expressly recognizes Organizer’s right to cancel, rename or relocate the Convention or change the Convention Dates. If Organizer changes the name of the Convention, relocates the Convention to another Facility within St. Louis County, Missouri or changes the Convention Dates, with the new dates not being more than thirty (30) days before or thirty (30) days after than the original Convention Dates, then no refund will be due to Vendor provided that Organizer designates to Vendor a comparable vendor space at the new Facility. This Contract’s terms and conditions of the Vendor’s use of the Facility’s vendor space shall also apply to the Vendor’s use of the vendor space at the new Facility. If Organizer elects to cancel the Convention for reasons other than previously described in this paragraph, move the Convention outside of Collinsville, Illinois, or change the Conventions Dates outside of the thirty (30) day scope discussed above, then Organizer shall refund to Vendor all monies paid to secure vendor space. Such refund shall be considered full and total obligation for any and all claims that Vendor may have against the Organizer or Facility Host for the canceling of the Convention.
11. Vendor Space Occupancy and Operation: Organizer shall expressly specify dates and hours for installing, occupying and dismantling Vendor booth at the “Facility”. If Vendor fails to set up assigned booth in its assigned space prior to the official commencement of the Convention or leaves its space unattended during the Convention hours, Organizer shall have the right to take possession of the space. In such instance, Vendor’s payment for such space shall be deemed forfeited and Vendor shall receive no refund from Organizer. If, per the terms of this paragraph, Organizer takes possession of Vendor’s vendor space, Organizer may seize any abandoned merchandise located in the vendor space. Vendor expressly recognizes that any bailment thereby created is a gratuitous bailment as it is for the sole benefit of the Vendor. All Vendors must be open for business during all agreed upon times (Item #8, Vendor hours). Vendors are prohibited from dismantling any display or vendor booth until the published Vendor hours have officially ended as established by the Organizer. Vendors are also prohibited from selling any merchandise outside of their rented exhibition space. The selling of merchandise outside of the designated exhibition space, but within the Convention Facility, shall be grounds for an offending Vendor’s immediate expulsion from the Convention.
12. Listings and Promotional Materials: In executing this Contract and by attending the Convention, Vendor expressly grants to Organizer a perpetual nonexclusive license, supported by valid consideration, to use, display and reproduce the Vendor’s name, trade names and product names in any directory (print, electronic or other media) and to use such names in the Organizer’s promotional materials. Organizer shall not be liable for any errors in any listing or descriptions, or for omitting any Vendor from a directory or any other compilation of informational or promotional material. Vendor agrees that Organizer may also record images (in any media format) of Vendor's booth space, exhibit and personnel during, before or after the open hours of the Convention and use such images for any legitimate promotional purpose relating to the Convention.
13. Care of Convention Facility: Throughout the duration of the Convention, Vendors are required to collect and remove any garbage, refuse or recyclables in the immediate vicinity of their exhibition space, and deposit them into the designated receptacles. When installing their exhibits, banners, displays and decorations, etc., the Vendor shall not nail, tack, staple, tape, glue or otherwise fasten to ceilings, walls, painted surfaces or columns. Vendors are also strictly prohibited from punching, drilling or coring holes into the Facility. Vendor shall promptly pay for any and all damages, whether intentional or accidental, it causes to the Convention Facility or associated facilities, booths, equipment or the property of other Vendors. A Vendor whose failure to promptly pay for any damage it caused may, at the Organizer’s sole discretion, be banned from future Conventions and/or events held by Organizer. Vendor shall be charged an additional clean-up fee for any excessive debris left behind after tearing down the space vacated.
14. Taxes, Licenses and Insurance: Vendor shall be solely responsible for obtaining any and all applicable licenses, permits and/or approvals under federal, state or local law applicable to its activities at the Convention. Vendor shall also obtain any and all necessary tax identification numbers and permits, and be solely responsible for paying all taxes, license fees, usage fees, or other fees, charges, levies or penalties that become due to any governmental authority, or to the Facility, in connection with its activities at the Convention. Prior to the Convention Dates, all Vendors are required to obtain a Universal Business Identification (UBI) number, irrespective of whether they are vendors originating from in-state or from out-of-state. Vendor understands that neither the Organizer nor the Facility will maintain any insurance covering any Vendor’s property, displays or merchandise, and it is the Vendor’s sole responsibility to obtain such insurance in amounts large enough to cover the combined value of all of the Vendor’s property, displays and merchandise. Upon the Organizer’s request, at any time prior to or during the Convention, Vendor shall provide a copy of the certificate of said insurance coverage.
15. Copyrighted Materials: Vendors shall not play or permit the playing, performance, or distribution of any copyrighted material at the Convention unless it has obtained all necessary rights and/or licenses and paid all required royalties, fees or other payments.
16. Observance of Laws: Vendor shall abide by and observe all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Convention Facility including, but not limited to, any union labor work rules. Without limiting the generality of the foregoing, Vendor shall construct its exhibits and booth to comply with the Americans with Disabilities Act.
17. Additional Terms and Conditions: Organizer has sole control over attendance policies. Except as provided to the contrary in this Contract, all monies paid by Vendor shall be deemed fully earned and non-refundable at the time of payment. Vendor shall conduct itself at all times in accordance with normal standards of decorum and good taste. Any Vendor who fails or refuses to abide by any of the terms of this Contract and/or any of the accompanying rules and regulations may, at the Organizer’s sole discretion, be banned from future Conventions and/or events held by Organizer. Any amendment or modification to this Contract must be in writing and signed by an authorized representative of Organizer. Vendor may not assign this contract or any right herein nor may Vendor sublet or assign any portion of its vendor space without the prior written consent of Organizer. The decision whether to grant such consent shall be at the Organizer's sole discretion.
18. Incorporation of Rules and Regulations: Any and all matters pertaining to the Convention and not specifically covered by the terms and conditions of this Contract shall be subject to determination by the Organizer at its sole discretion. The Organizer may adopt rules or regulations from time to time governing such matters and may amend or revoke them at any time, upon reasonable notice to Vendor. Any such rules and regulations are an integral part of this Contract and are incorporated herein by reference and shall have the full force and effect as if such rules and regulations are fully set forth herein. Vendor is expected to observe and abide by these additional and/or amended rules and regulations.
19. Governing Law: This Contract is governed by the laws of the State of Illinois as applied to contracts entered into and entirely performed within such state. Vendor agrees that the courts located in the State of Illinois shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this Contract or the breach of any provision of this Contract. Vendor waives any right to assert lack of personal or subject matter jurisdiction and agrees that Momo Summertime Enterprises Inc properly lies in Madison County.
20. Character of Displays, Use of Aisles and Common Areas: Distribution of samples, printed matter of any kind and any promotional material is restricted to within the Vendor’s rented space. All Vendors shall display products or services in a tasteful manner as determined in the Organizer’s sole discretion. The aisles, passageways and overhead spaces remain strictly under control of the Organizer and the Facility, and no signs, decorations, banners, advertising material or special Vendor will be permitted in any of these spaces except by written permission of the Organizer. Uniformed attendants, models and other employees must remain within the booths occupied by the Vendors. Equipment must be arranged so that show visitors do not stand in the aisle while examining equipment or watching demonstrations. Any entertainment or moving advertisements outside of a Vendor’s designated vendor space is prohibited.
21. Display of Adult and/or Mature Material: At least one hour prior to opening of the Vendor Facility each day of the Convention, the Organizer will conduct an inspection of all Vendor booths and displays to ensure that all Adult and/or Mature Material is displayed in a manner consistent with the terms of this Contract. For this purpose, all Vendors must ensure that any Adult and/ or Mature Material is displayed away from the view and/or reach of minors. Any Adult and/or Mature Material not properly displayed prior to the commencement of the inspection period may not be sold or displayed that day. In its sole discretion, should the Organizer determine that a Vendor’s display is not in compliance with the terms of this Contract, the Organizer may demand that the Vendor alter or remove a display. If the Organizer, in its sole discretion, determines certain Adult and/or Mature Material to be patently inappropriate for display or sale at the Convention, the Organizer may demand the immediate removal of such material from the premises of the Convention Facility. Should any Vendor defy any request, instruction or demand of the Organizer concerning the display of Adult and/or Mature material, or should any Vendor add merchandise to, change, expand, or otherwise materially alter a display after the above-mentioned inspection period has concluded, then the Organizer may confiscate the offending articles and dispose of them in any manner it deems appropriate including but not limited to destruction without liability to the Organizer. Furthermore, a violation of this provision may result in the Vendor’s immediate expulsion from the Convention without recourse, and may also result in additional penalties including, but not limited to the suspension of Vendor and/or membership privileges for any duration up to a life-time ban, with the duration to be decided by the Organizer at its sole discretion. If Organizer removes or restricts any vendor which Organizer considers to be objectionable, offensive, inappropriate, or illegal, then no refund will be due Vendor for the rental of the vendor space.
22. Sale of Adult and/or Mature Material: As a prerequisite to allowing any attendee to handle, inspect or purchase any Adult and/or Mature Material, the Vendor must confirm the age of the attendee by requesting legally valid proof of age of majority (18). Legally valid proof of age of majority (18) shall include any valid driver’s license, military identification card or similar such identification bearing the cardholder’s picture and date of birth. The Vendor is required to request such proof of age of majority (18), regardless of the attendee’s appearance or apparent age whether it be eighteen or ninety-five. A violation of this provision may result in the Vendor’s immediate expulsion from the Convention without recourse, and may also result in additional penalties including but not limited to the suspension of Vendor and/or membership privileges for any duration up to a life-time ban with the duration to be decided by the Organizer at its sole discretion. In the event that the Vendor is expelled, then no refund will be due Vendor for the rental of the vendor space.
23. Sound Advertisements: The use of devices for mechanical reproduction of sound or music is permitted, but must be reasonable. Vendors are specifically prohibited from operating noise-creating devices such as drums, bells, horns, pyrotechnics, loudspeakers or megaphones. The Organization reserves the right to determine sound interference with other vendors and Vendor shall comply with any request by the Organization to reduce the volume of or discontinue any sound, music or employment of any noisy or disruptive advertising or sales technique including, but not limited to ‘barking’.
24. Fire and Safety: Federal, State, County and City laws, ordinances and administrative codes must be strictly observed by all Vendors. A full listing of these fire and safety regulations can be obtained at the Convention facility upon request.
25. Pirated Merchandise: Pirated or bootlegged merchandise, including but not limited to, unauthorized copies of CDs, DVDs, video games, plushies, toys or any other copyrighted goods will NOT be permitted for sale or even display under any circumstances. If the Organizer discovers that any Vendor is offering pirated merchandise for sale or offered free as a sample or promotional item, then they will be immediately expelled from the Convention Facility, and will not be permitted to attend the Convention in any capacity for a period of not less than five (5) years. In the event that the Vendor is expelled, then no refund will be due Vendor for the rental of the vendor space.
26. Authorization to Display Weapons: At least one week prior to the Convention Date, any Vendor considering the display, retail or commercial sale of weapons or weapon replicas at the Convention Facility, must provide to Organizer a detailed written description of each such weapon or weapon replica along with an explanation as to whether the Vendor intends to use such weapon or weapon replica for display, retail or commercial purposes. After reviewing said description, the Organizer at its discretion may take one of three actions: 1) grant provisional authorization for the Vendor to display, vend or sell only the specifically described weapons or weapon replicas; 2) make a written request for additional information regarding the weapons or weapon replicas; 3) prohibit the Vendor from displaying, vending or selling any or all of the specifically described weapons or weapon replicas. Should the Organizer choose to prohibit the display, vendor or commercial use of any weapon or weapon replica, then the Organizer shall specifically state so in writing to Vendor. Take note, however, that the sale or display of projectile weapons of any kind, i.e. crossbows, pistols and rifles, etc., is strictly prohibited.
27. Display of Weapons: At least one-hour prior to opening of the Vendor Booth each day of the Convention, the Organizer will conduct an inspection of all Vendor Booths and displays to ensure that all weapons or weapon replicas are displayed in a manner consistent with the terms of this Contract. For this purpose, all Vendors must ensure that any weapons or weapon replicas are displayed away from the reach of minors. Any weapons or weapon replicas not properly displayed prior to the commencement of the inspection period may not be sold or displayed that day. At its sole discretion, should Organizer determine that a Vendor’s display is not in compliance with the terms of this Contract, or any/all State, County or City laws applicable, the Organizer may demand that the Vendor alter or remove a display. If the Organizer, at its sole discretion, determines certain weapons or weapon replicas to be too dangerous for display or sale at the Convention, the Organizer may demand the immediate removal of such material from the premises of the Convention Facility. Should an Vendor defy any request, instruction or demand of the Organizer concerning the display of weapons or weapon replicas, or should a Vendor add merchandise to, change, expand, or otherwise materially alter a display after the above-mentioned inspection period has concluded, then the Organizer may confiscate the offending articles and dispose of them in any manner it deems appropriate, including but not limited to disposal or destruction of said item(s). Note: The sale or display of projectile weapons of any kind, i.e. crossbows, pistols and rifles, etc., is strictly prohibited.
28. Sale of Weapons: As a prerequisite to allowing any attendee to handle, inspect or purchase any weapon or weapon replica including, but not limited to, throwing stars, swords, blades, knives, or any unreasonably dangerous bludgeoning instruments, etc., the Vendor must confirm the age of the attendee by requesting legally valid proof of age of majority (18). Legally valid proof of age of majority (18) shall include any valid driver’s license, military identification card or similar such identification bearing the card holder’s picture and date of birth. The Vendor is required to request such proof of age of majority (18) regardless of the attendee’s apparent age whether it be eighteen or ninety-five. At its sole discretion, the Organizer may expel from the Convention any Vendor caught violating this provision. Furthermore, any weapon(s) sold must be packaged and sealed. Purchaser must remove weapon purchase from Convention facility at conclusion of the sale. Vendor may hold purchase for Convention attendee until close of Vendor participation at the Convention, at which time, Vendor will release purchased weapon(s) to purchaser, with the express agreement that item(s) are to be immediately removed from Convention premises. 29. Special Circumstances: Vendors who enter into special arrangements with Organizer (i.e., Barter or trade agreements) are subject to damages if Vendor cancels thirty (30) days or less before Convention date(s). In consideration of any goods, services or monies paid as a partial or full deposit to secure vendor space, any/all shall be deemed equivalent to the cancellation fee or liquidated damages and shall not be refunded. This includes but is not limited to any product received in kind from Vendor to Organizer.
30. AUTHORIZED AGENTS: Momo Summertime Enterprises Corp. will not ask for deposits on booth space at NatsuCon 2015. ANY PAYMENTS MADE TO NATSUCON MUST BE MADE VIA PAYPAL AT ‘RPRICE@NATSUCON.ORG’ OR THROUGH THE EVENTBRITE LINK THAT WILL BE PROVIDED UPON APPROVAL OF YOUR APPLICATION. CASH PAYMENTS WILL NOT BE ACCEPTED. Any payments made to persons claiming to act as representatives of NatsuCon will be considered void, and Momo Summertime Enterprises Corp. reserves the right to refuse service to merchants who have not paid except through the aforementioned acceptable channels.
Any Exhibitor who does not provide any necessary license(s) prior to, or at setup, on July 22th, 2016, may be denied access to NatsuCon 2016 until such time a license is presented. There will be no refunds.
PLEASE PRINT THIS FORM AS THIS AGREEMENT CONTAINS ALL OF YOUR RIGHTS AND RESPONSIBILITIES UNDER THIS CONTRACT.