OokiiSoraCon 2019 Vendor Agreement
This contract between OokiiSoraCon and Vendor constitutes an agreement for OokiiSoraCon (“Organizer”) to provide Vendor with vendor space in the OokiiSoraCon 2019 Dealers’ Hall in exchange for the rental fee. By submitting a Vendor Application, Vendor 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. Vendor Space Rental Fee:
Vendor spaces are $125 for one (1) 8’ X 8′ square booth. A Vendor may rent a maximum of two (2) spaces. Each space includes one (1) 8′ table and two (2) chairs. Additional tables available upon request. All tables come unskirted.
Determination of Vendor Space 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 Vendor placement in the Dealers’ Hall as required per all fire and building codes.
5. Vendor Registration:
Vendors receive up to two (2) badges included with the purchase of each Vendor Space.
6. 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, who have not previously exhibited at a prior Convention or similar event held by the Organizer, to submit a description of the nature of their business and the items they intend to exhibit. 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 exhibit, which Organizer in its sole discretion determines to be objectionable, offensive, inappropriate or illegal.
7. Payment Terms:
Once a Vendor Application has been submitted and reviewed, OokiiSoraCon will contact approved Vendors and request payment. Failure to pay within 30 days of being contacted will result in Vendor forfeiting their Vendor Space and it will be passed on to another Vendor.
8. Install & removal time:
Vendors may begin setup at 7:00 am on July 19th.
Vendors must have their booths fully set up by 1:00 pm on July 19th.
Vendors must have their booths fully removed by 9:00 pm on July 21st.
9. Vendor’s 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.
10. Food & Beverage sales:
The Delta Colonial Hotel does not allow the sale of food or beverage on its property.
The Contact listed on the Vendor Application must be at least 18 years of age.
12. Limitation of Liability and Assumption of Risk:
Vendors expressly assume all risks associated with, resulting from, or arising in connection with the Vendor’s participation or presence at the Convention. Vendors 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 Vendor, their property, or wares. The Organizer shall not be held responsible for any legal liability that may arise from the actions of the Vendor. The Vendor is responsible for any legal liabilities that arise as a result of Vendor’s actions at the Convention, including but not limited to sales and copyrights.
13. Cancellation by Vendor:
Should for any reason a Vendor choose to cancel this contract at any time prior to the conclusion of the Convention, any money paid as a deposit to secure vendor space shall be deemed equivalent to the cancellation fee and shall not be refunded. Organizer reserves the right in its discretion to treat a Vendor’s downsizing of vendor space as cancellation of the original space and purchase of new vendor space. The Organizer may require a Vendor requesting a downsize of space to move to a new location.
14. Cancellation by Organizer:
If Vendor 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 Vendor’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 Vendor access to Convention if Vendor 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, Vendors’ vacating of its exhibit space or expulsion from said space will not release Vendor from any liability arising thereat. Organizer may also terminate this Contract, effective immediately upon service of written notice of termination on Vendor, if Vendor 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 Vendor from any liability arising as a result of or in connection with such breach.
15. 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, 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 drilling or coring holes into the Facility. Vendor shall promptly pay for any and all damages, whether intentional or accidental, it causes to the Delta Colonial Hotel or the property of other Vendors. A Vendor’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.
16. 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.
17. 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. Vendors must ensure that all adult material is made unavailable from the reach and/or view of minors. Vendors 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 vendor space. Vendor also agrees to bag said merchandise in an opaque bag or similar fashion upon sale.
18. Sale of Weapons:
Vendor 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. Vendor also agrees to wrap the sold item securely, using a card board container or similar, and notify the purchaser that they must take any weapons directly to their hotel room or vehicle upon exit of the Dealers’ Hall.
Vendor 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 Vendor from the Dealers’ Hall.
19. Listings and Promotional Materials:
By agreeing to this contract and attending the convention, the Vendor expressly grants to the Organizer a perpetual non-exclusive license, supported by valid consideration, to use, display, and reproduce the Vendor’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 Vendor agrees that the Organizer may also record images in any media form of the vendor’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.
By agreeing to this contract you, the Vendor, are agreeing to the rules and requirements stated above. Also, you agree that you have read and understood all additional rules set forth to be a Vendor 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.
The Organizer reserves the right to change any detail of the Convention or the Dealers’ Hall as it sees fit. Vendors will be notified promptly via email if any such changes occur.
OokiiSoraCon reserves the right to alter and to update these terms and conditions without prior notice.