ASHEVILLE ANIME REGIONAL CONVENTION
VENDOR AGREEMENT FORM
Asheville Anime Regional Convention, Staff, Security, Volunteers, The City of Asheville, and The US Cellular Center otherwise known as the Convention
Artist and Dealers otherwise known as the Vendor
This document sets forth the rules for the Artist Alley and the Dealer Room at Asheville Anime Regional Convention. By renting space(s) in the Convention Artist Alley or Dealer's Room, Vendors agree to abide by these rules by written acceptance below. Acceptance is based on the terms set forth below and the plan of exhibits, rates, and rules and regulations may be established as the Convention sees fit as set forth in updated and amended information, all of which constitute part of this contract. In any case where the Vendors’ Room Agreement is amended, all other terms and conditions of this agreement remain in full force and effect.
The Vendors’ Room for the 2018 US Cellular Center in Asheville, NC.
The date for the convention will be July 28th & 29th, 2018. Each booth space is at least (but not limited to) 10 feet by 10 feet and includes the following:
One (1) 6 foot Table
Two (2) Side Chairs
Pipes and drapes to enclose a vendor space can be rented for an additional price.
No preferential treatment is given to any Vendor in booth location in the Vendors’ Room. Spaces are chosen by the Convention for the best fit and flow of the room, not by order of payment received.
You may configure your booth(s) as you see fit, adding additional shelves, kiosks, etc., as long as they do not interfere with other Vendors’ areas or violate US Cellular Center requirements. To keep the walk ways clear, please refrain from placing any object that restricts or blocks the walkways. Do not hang anything that extends outwards from your booth space confinements.
Payment is due within 30 days from the time you receive your table space information and your acceptance into the Vendors’ Room. Once information is received, AARC will send you an email with information on how to process your payment.
Booth Cancellation: Should Vendor find they cannot attend the Convention, or need to reduce the number of booths purchased, they may cancel booths by contacting the Vendor Coordinator (Kat.AARC@gmail.com) to make arrangements. Vendor should also cancel any services they have ordered through the US Cellular Center other service providers. There will be no refund for cancelled booths beyond June 1st, 2018. Booths for which Vendor has cancelled or given up any claim or reservation are returned to the pool of available space at the standard booth rate.
Procedures for Vendor Protection of Valuables
The Convention will be providing as secure a Vendors’ Room as possible. Please take extra precautions in the placement of your merchandise and cash to guard against the possibility of theft. Vendor is responsible for their own property, merchandise, and money. Under no circumstances will the Convention or the US Cellular Center or its personnel be liable for loss or damage (including but not limited to) merchandise, equipment, or revenue.
Vendors’ Room Hours
Attendees will be allowed access to the exhibition hall between opening and closing. Convention Staff and Vendors will be allowed access to the hall 2 hours earlier than the public on the day of the convention. We require that you or your associate be present at all times during these hours.
Date / Time open for setup staff:
July 27th from 12:00 PM - 5:00 PM
Date/Time open to public:
July 28th Artist Alley 9:00 AM-7:00 PM / Dealer Room 10:00 AM-7:00 PM
July 29th Artist Alley 9:00 AM-5:00 PM / Dealer Room 10:00 AM-5:00 PM
These hours can change at any time, entirely at the Convention’s discretion. Best efforts will be made to notify Vendor of any changes.
Vendors’ Room Setup
Before unloading and setting up your merchandise, Vendor MUST check-in with the Vendor Coordinator. At that time, badges will be issued and then Vendor may unload. Times are subject to change at any time, and Vendor will be notified of changes.
Two badges will be given out for your first booth reserved and you will receive one additional badge for each additional booth reserved. For example, if you have 4 booths reserved, you will receive 2 for the first booth and 1 badge each for the remaining three. This would give you a total of 5 badges. Vendor badges must be worn at all times by any person working at a booth. Badges may not be sold, loaned, or otherwise transferred to persons who are not working for you. Vendors’ Room badges may be shared among employees, but the practice of using one badge shared among multiple employees simultaneously is prohibited and could result in the confiscation of badges. Every individual working your booth(s) must wear a badge at all times. If you are with a production house, animation/comic studio, or other part of the industry and wish to have more badges for your industry (i.e. non-retail) personnel, please contact the Vendor Coordinator at Kat.AARC.gmail.com.
Vendors’ Room Policies
Adult Materials Policy
In recent years, there has been a marked increase in the number of minors and families attending anime conventions. We ask that Vendors, particularly those with adult merchandise, please keep this in mind when setting up. Any Vendor selling adult material must ID purchasers to make sure they are 18 or older. The acceptability of adult displays is at the sole discretion of the Vendor Coordinator. AARC has a no tolerance policy regarding the sale of adult material to minors. Failure to comply with the AARC Adult Materials Policy may result in removal from the Convention and forfeiture of all vendor fees.
Bootleg / Piracy Policy
The Convention does not allow the sale of bootleg merchandise such as burned CDs/DVDs, music, DVDs, collectables, or general merchandise without observation of legitimate copyrights, etc. The Convention does not allow the advertising of bootleg or knockoff products/services, and "shuttle" service to other locations for the purchase of such products or services. Advertising legitimate products and services is, of course, both allowed and encouraged. AARC has a no tolerance policy regarding bootleg merchandise. If you are found to be selling or offering for sale bootleg merchandise, you will be immediately removed from the Vendors' Room, without refund, and will not return to the event at any future date. All bootleg merchandise identification and warnings are at the Convention’s discretion. Failure to comply with AARC Bootleg Policy or a subsequent violation may result in removal from the Convention and forfeiture of all vendor fees. The burden of proof as to the legitimacy of any item offered for sale rests solely with the vendor.
Items which may NOT be sold at the Convention include (but are not limited to)**
"Knockoff" or bootleg merchandise (for example: Son May and Ever Anime CDs).
“Grey Market” CDs (re-imports from other Asian countries).
Bootleg video tapes, video CDs, or DVDs (this includes bootlegged videos recorded on blank videotapes or DVDs with printed labels; pirate copies of any titles that have been released commercially in the United States, Japan, or elsewhere; titles taped off the air in Japan—and any and all “fansubs”).
Any posters, idol cards, etc., which read "Kodak," "Fuji," etc. on the back.
Any figures or model kits manufactured by "LWDragon", "GHD", "Bendi" or "Phantom".
Unlicensed reproductions of any products actually released by any Japanese or American companies.
Any items which depict, replicate, or portray characters or designs protected under intellectual property rights laws, and are manufactured without proper license. This includes but is not limited to figures, posters, wall scrolls, costumes, jewelry, key chains, accessories, prop or live steel weapons, etc.
Food, snacks, or beverages. The US Cellular Center holds an exclusive catering and concession contract.
Items which MAY be sold at the Convention include (but are not limited to)**
Fan Art in the form of Omage (in the Art Show).
Any and all genuine imported Japanese merchandise. This includes toys, CDs, LDs, posters, art books, manga, and anything else you can come up with, even if an American company is selling a translated version.
Items which have images of characters or designs which are protected under Parody and Fair Use laws.
Clothing and costumes not protected by intellectual property rights, such as Chinese dresses, kimonos, sufficiently generic school uniforms, historical outfits, etc.
Any and all legitimate American-produced merchandise.
**The Convention has final say over whether any specific item is allowed to be sold at the Convention, and reserves the right to deny any item from being sold at the Convention for any reason. We request that you do not bring any of the listed prohibited merchandise to the convention.
Vendors’ Room noise is to be kept to a minimum so as not to interfere with other Vendors and to permit attendees to hear Vendors and ask questions. All noise rules are subject to enforcement at Convention’s discretion.
No merchandise hawking with yelling; especially using cupped hands or bullhorns.
TV’s can be audible but must not interfere with neighboring Vendors.
Music can be audible but must not interfere with neighboring Vendors. The vendor must have the legal right to play any selection. Vendor assumes all responsibility for acquiring the license to play the music at their booth.
Service to Vendors
If there's anything else we can help you with, before or during the con, please let us know. We can't guarantee we can do it, but we will certainly try if possible.
Please keep in mind that we will need to vacate the vendor’s hall area by 9pm on Sunday evening. While we will have staff available, please plan in advance for this quick exit.
Vendor agrees to assume all risk, and to indemnify and hold harmless the Convention, the US Cellular Center, its Owners, their respective officers, subsidiaries, agents, affiliates, operators, officers, volunteers and employees (hereafter “the Indemnified Parties”) from and against any and all claims, demands, defense costs, liability, expense or damages of any kind arising out of or in connection with the Convention’s use of the leased premises or arising out of any act or omission of the Convention or any of the Convention’s employees, agents, contractors, representatives, patrons, guests or invitees; excepting such claims, demands, defense costs, liability, expense, or damages arising out of the sole negligence of one or more of the Indemnified Parties.
Vendor assumes responsibility and agrees to defend the Indemnified Parties from and against any and all claims, demands, defense costs, liability, expense or damages of any kind arising out of or in connection with Vendor’s or Convention’s use of the leased premises. Neither the Convention nor the Indemnified Parties will be responsible for any injury, loss or damage that may occur to Vendor, Vendor’s employees or property from any cause whatsoever.
Anyone visiting, viewing, or otherwise participating in Vendor’s exhibit is deemed to be the invitee or licensee of Vendor, rather than the invitee or licensee of the Convention. The Convention shall not be liable for any injury whatsoever to the persons conducting or otherwise participating in the conduct of Vendor’s exhibit or to invitees, licensees or guests of Vendor. Vendor assumes full responsibility for the actions of its agents, employees, or independent contractors, whether acting within or without the scope of their authority and agrees to hold harmless the Indemnified Parties from responsibility or liability resulting directly or indirectly, or jointly, from other causes which arise because of the actions or omissions of its agents, employees, or independent contractors.
There is no other agreement or warranty between Convention and Vendor except as set forth in this document. The rights of Convention under this contract shall not be deemed waived except as specifically stated in writing and signed by an authorized officer of the Convention. Any action which Convention or Vendor may bring against each other, based upon or in any way relating to this contract or its performance, shall be brought in the Buncombe County Municipal Court located within the County of Asheville, State of North Carolina, and Convention and Vendor hereby waive all defenses concerning personal jurisdiction and/or venue in order to give effect to this provision.
The subletting of exhibit space without prior permission of the Convention is prohibited. This includes sharing space with friends momentarily.
Vendor gives the Convention the right to Vendor’s name or image for promotional purposes. Vendor also grants to the Convention the right to release Vendor contact information to the public.
The Convention will not rent space in the Vendors’ Rooms to any person under the age of 18 years. This applies for both Artist and Dealers. A guardian over the age of 18 can rent the space for the underage person but will be required to stay at the booth as long as they have a valid and approved vendor badge.
Vendor acknowledges that neither the Convention nor the Indemnified Parties maintains insurance covering Vendor’s property and it is the Sole Responsibility of Vendor to obtain such insurance.
Right of Refusal
Recognition and acceptance of Vendor’s contract for AARC is entirely at the Convention’s discretion. While it is the Convention’s intention to provide opportunities to as many Vendors as possible, the Convention is not obliged to register any particular Vendor. Not registering a particular Vendor may be the result of not having an appropriate space available, documentation and the payment of fees not being completed in a timely manner, a previous history of Vendor problems, or many other factors.