OokiiSoraCon 2019 Artist Agreement
This contract between OokiiSoraCon and Artist constitutes an agreement for OokiiSoraCon (“Organizer”) to provide Artist with booth space in the OokiiSoraCon 2019 Dealers’ Hall in exchange for the rental fee. By submitting an Artist Application, Artist hereby acknowledges and agrees to the terms and conditions set forth herein and to such other rules and regulations as may from time to time be established by the Organizer.
1. Location of Convention:
Delta Colonial Hotel, 2301 Colonial Dr, Helena, MT 59601
2. Date of Convention:
Friday July 19, 2019 to Sunday July 21, 2019
3. Location of Dealers’ Hall:
Capitol/State room at the Delta Colonial Hotel.
4. Artist Booth Rental Fee:
Artist booths are $75 and include one (1) 8’ table, one chair, and one (1) Adult full weekend badge. Additional chairs can be provided upon request. All tables come unskirted.
Determination of Artist booth location is on a first-come, first-served basis. All locations are subject to change as required by the State of Montana fire and building codes. The Organizer reserves the right to change Artist placement in the Dealers’ Hall as required per all fire and building codes.
5. Artist Registration:
Each Artist receives one badge included with the purchase of their Artist Booth. If your booth has more than one Artist, or has an Artist Assistant, an additional badge can be purchased at a reduced cost.
6. Qualifications of Artist:
Organizer, in its sole discretion, shall have the right to determine whether a prospective Artist is eligible to participate in the Convention. At any time prior to or during the Convention, Organizer reserves the right to restrict or remove any booth, which Organizer in its sole discretion determines to be objectionable, offensive, inappropriate or illegal.
7. Payment Terms:
Once an Artist Application has been submitted and reviewed, OokiiSoraCon will contact approved Artists and request payment. Failure to pay within 30 days of being contacted will result in Artist forfeiting their Artist Booth and it will be passed on to another Artist.
8. Install & removal time:
Artists may begin set up at 7:00 am on July 19th.
Artists must have their booths fully set up by 1:00 pm on July 19th.
Artists must have their booths fully removed by 9:00 pm on July 21st.
9. Dealers’ Hall hours:
Friday: 1:00 pm to 6:00 pm
Saturday: 10:00 am to 6:00 pm
Sunday: 10:00 am to 4:00 pm
Organizer reserves the right to change Dealers’ Hall and setup hours of OokiiSoraCon 2019, as it may deem necessary.
Artist or Artist Assistant must remain at their booth during the entirety of the Dealers’ Hall hours. If Artist needs to leave their booth for a brief period of time, an OokiiSoraCon staff member will watch the booth for up to 30 minutes.
OokiiSoraCon is not liable for any loss or damage to Artist’s merchandise or displays while Artist is away.
11. Food & Beverage sales:
The Delta Colonial Hotel does not allow the sales of food or beverage on its property.
The Contact listed on the Artist Application must be at least 18 years of age.
13. Limitation of Liability and Assumption of Risk:
Artist expressly assume all risks associated with, resulting from, or arising in connection with the Artist’s participation or presence at the Convention. Artists are solely responsible for their property and wares. The Organizer will not be held responsible for any theft, damage, or other loss to such property, whether or not stored in any courtesy area or parking area. Under no circumstances shall the Organizer or the Delta Colonial Hotel be held liable for any injury, loss of equipment, merchandise, revenue, or any other direct or indirect damages to the Artist, their property, or wares. The Organizer shall not be held responsible for any legal liability that may arise from the actions of the Artist. The Artist is responsible for any legal liabilities that arise as a result of Artist’s actions at the Convention, including but not limited to sales and copyrights.
14. Cancellation by Artist:
Should for any reason an Artist choose to cancel this contract at any time prior to the conclusion of the Convention, any money paid as a deposit to secure artist space shall be deemed equivalent to the cancellation fee and shall not be refunded.
15. Cancellation by Organizer:
If Artist fails to make a 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 Artist’s participation in the Convention without further notice and without obligation to refund money previously paid. Organizer also reserves the right at its discretion to refuse Artist access to Convention if Artist has failed to pay all money 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. To be sure, Artist’ vacating of its exhibit space or expulsion from said space will not release Artist from any liability arising thereat. Organizer may also terminate this Contract, effective immediately upon service of written notice of termination on Artist, if Artist breaches 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 Artist from any liability arising as a result of or in connection with such breach.
16. Care of Convention Facility:
All freight, cargo, merchandise and wares must enter the Facility through the designated loading area. When installing their exhibits, banners, displays and decorations, etc., the Artist shall not nail, tack, staple, tape, glue or otherwise fasten to ceilings, walls, painted surfaces or columns. Artists are also strictly prohibited from, drilling or coring holes into the Facility. Artist shall promptly pay for any and all damages, whether intentional or accidental, it causes to the Delta Colonial Hotel or the property of other Artists. An Artist’s 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.
17. Copyrighted Materials:
Artist cannot sell commercially produced or unlicensed anime or manga items. This includes the resale of manga, DVDs, clothing, plushies, and figurines, etc. Artist may not sell or make product available that uses a title, logo, character name, or similar type distinction of work you do not possess the copyright or intellectual property rights too. Artist may not use downloaded, scanned, or redrawn copies of images that are not its own work to create merchandise to sell.
Fanart must conform to the above restrictions regarding copyrighted and trademarked materials. Artist may not use names or logos of the series the fanart is derived from to promote their fanart. This includes using trademarked materials for titles, descriptions, or signage anywhere in the Artist’s booth.
19. Display and Sales of “Adult” Material:
Adult material is defined as anything sexually explicit, portraying sexual acts, nudity, or material that contains excessive amounts of violence, gore, or language OokiiSoraCon deems inappropriate. Adult material is allowed so long as it is clearly marked, covered, and supervised at all times. Artists must ensure that all adult material is made unavailable from the reach and/or view of minors. Artists are responsible for verifying that purchasers are 18 years of age or older. Failure to properly cover adult material or to verify age may result in losing artist booth. Artist also agrees to bag said merchandise in an opaque bag or similar fashion upon sale.
20. Sale of Weapons:
Artist agrees that the sale of all weapons will be restricted to persons of age 18 or older and that they are responsible for verification of age before any sale. Artist also agrees to wrap the sold item securely, using a cardboard container or similar, and will notify purchaser that they must take any weapons directly to their hotel room or vehicle, upon exit of the Dealers’ Hall.
Artist agrees and understands that OokiiSoraCon reserves the right to ban or restrict the sale of weapons or weapon-like merchandise at any time during the Convention. Failure to comply with this rule will result in immediate expulsion of the offending Artist from the Dealers’ Hall.
21. Listings and Promotional Materials:
By agreeing to this contract and attending the convention, the Artist expressly grants to the Organizer a perpetual nonexclusive license, supported by valid consideration, to use, display and reproduce the Artist’s name, trade names and product names in any directory, such as print, electronic or other media, and to use such names in the Organizer’s promotional materials. The Artist agrees that the Organizer may also record images in any media form of the artist’s booth, wares, and personnel during, before, or after the operational hours of the Convention and use such images for any legitimate promotional purpose relating to the Convention.
Should any part of this contract be found to be unenforceable, in whole or in part, the remaining obligations shall continue to be applicable.
The Organizer reserves the right to change any detail of the Convention or the Dealers’ Hall as it sees fit. Artists will be notified promptly via email if any such changes occur.
By agreeing to this contract you, the Artist, are agreeing to the rules and requirements stated above. Also, you agree that you have read and understand all additional rules set forth to be an Artist at OokiiSoraCon 2019, including OokiiSoraCon’s Attendee Code of Conduct. You agree to provide and sell your merchandise, or provide your other services or solicitations, during the Convention Dates. By agreeing you have also indicated that you are at least 18 years of age. You understand that if you fail to comply with all rules and requirements stated above, the Organizer reserves the right to take corrective action, leading up to removal without refund and barring from re-entering the Convention Facility.
OokiiSoraCon reserves the right to alter and to update these terms and conditions without prior notice.