Ohayocon 13 | January 18th -20th, 2013



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		Thank You 2012 Ohayocon DealerS!! We will be opening up the 2013 Dealers room in June! Please Keep checking in for more INformation! Ohayocon 13 Dealers' Room Agreement Ohayocon LLC P.O. Box 257 Hebron, Kentucky 41048 This document sets forth the rules for the Dealers’ Room at Ohayocon (henceforth known as “the Convention”). By renting space(s) in the Convention Dealers’ Room, you (henceforth known as “Vendor”) 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 from time to time as set forth in updated and amended information, all of which constitute part of this contract. In any case where the Dealers' Room Agreement is amended, all other terms and conditions of this agreement remain in full force and effect. Section I. Dealers’ Room/Booths The Dealers’ Room for the 2013 Convention will be in the Battelle Ballroom at the Greater Columbus Convention Center. The dates for the convention will be January 18 – 20, 2013. Shipping guidelines will be attached to this contract. 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 No preferential treatment is given to any Vendor in booth location in the Dealers’ Room. Spaces are chosen by the Convention for the best fit and flow of the room, not by order of payment received. Vendors with more than one booth will be given contiguous booths, even if they request separated booths. Section II. Booth Configuration You may configure your booth(s) as you see fit, adding additional shelves, taller pipe & drape, kiosks, etc., as long as they do not interfere with other Vendors’ areas or violate Greater Columbus Convention Center requirements. Section III. Refund/Cancellation Policy Should Vendor find they cannot attend the Convention, or need to reduce the number of booths purchased, they may cancel booths by contacting the Dealers’ Room Coordinator to make arrangements. Vendor should also cancel any services they have ordered through the Greater Columbus Convention Center or other service providers. There will be no refund for cancelled booths beyond November 1, 2011. 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. Vendor will receive a full refund of booth fees minus a $20 service charge for booths cancelled before November 1, 2012. Section IV. Advance Shipping The Greater Columbus Convention Center WILL NOT accept advanced shipments. You must ship them to arrive January 17th, 2013. Please ship to the address below: Hyatt Regency Columbus (Regency Ballroom) 350 North High Street Columbus, Ohio, 43215 Tel: 614-463-1234 Fax: 614-280-3034 Section V. Procedures for Vendor Protection of Valuables The Convention will continue its tradition of providing as secure a Dealers’ 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, and under no circumstances will the Convention or the Greater Columbus Convention Center or its personnel be liable for loss or damage (including but not limited to) merchandise, equipment, or revenue. Section VI. Dealers’ Room Hours Attendees will be allowed access to the exhibition hall between opening and closing. Convention Staff and Special Needs Attendees will be allowed access to the hall 1/2 hour earlier than the public on Saturday and Sunday. We require that you or an associate be present at all times during these hours. DAY OPEN FOR SETUP___STAFF & SPECIAL ____OPEN TO THE PUBLIC NEEDS SHOPPING Thursday, Jan 17, 2013 Open for setup 3 pm-11 pm (dealer room not open to public) Friday, Jan 18, 2013 9 am Open to public 2 pm-8 pm Saturday, Jan 19, 2013 8:30 am 9:30 am Open to public 10 am-6 pm Sunday, Jan 20, 2013 8:30 am 9:30 am Open to public 10 am-4 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 in advance. Section VII. Dealers’ Room Setup Before unloading and setting up your merchandise, Vendor MUST check in with the Dealers’ Room Coordinator. At that time, badges will be issued and then dealers may unload. Times are subject to change at any time, and Vendor will be notified of changes. Section VIII. Vendor Memberships 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. Dealer 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. Dealers’ 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 our Dealers’ Room Coordinator. Section IX. Dealers Room Policies 1. Adult Materials Policy In recent years, there has been a marked increase in the number of minors and families attending anime conventions, including Ohayocon. We ask that dealers, particularly those with adult merchandise, please keep this in mind when setting up. The acceptability of adult displays is at the sole discretion of the Dealers’ Room coordinator; failure to comply with warnings may result in removal from the Dealers’ Room, the revocation of Dealer status and forfeiture of booth rental fees. In addition, all dealers selling adult material must ID purchasers to make sure they are 18 or older. Ohayocon has a no tolerance policy regarding the sale of adult material to minors. Failure to comply with the Ohayocon Adult Materials Policy may result in removal from the Convention and forfeiture of all dealer fees. 2. Bootleg / Piracy Policy The Convention does not allow the sale of bootleg merchandise such as burned CDs/DVDs, music or DVDs that are manufactured in China 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. Ohayocon 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 Dealers' 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 Ohayocon Bootleg Policy or a subsequent violation may result in removal from the Convention and forfeiture of all dealer fees. The burden of proof as to the legitimacy of any item offered for sale rests solely with the vendor. 3. 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 videotapes, 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 a Japanese or an American company. • 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 Greater Columbus Convention Center holds an exclusive catering and concession contract. • Due to prior problems with bootleg materials, unless merchandise is handcrafted, The Convention will no longer permit the sale of unlabeled, untagged and unpackaged 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. 4. Items which MAY be sold at the Convention include (but are not limited to) • Garage Kits/Figurines • Doujinshi/Fanzines • Fan Art (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. 5. Noise Dealers’ Room noise is to be kept to a minimum so as not to interfere with other Vendors and to permit attendees to hear dealers 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. Section X. 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. Section XII. Hold Harmless Vendor agrees to assume all risk, and to indemnify and hold harmless the Convention, the Greater Columbus Convention Center, its Owners, their respective officials, 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. Section XIII. Responsibility 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. Section XIV. Liability 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. Section XV. Warranty 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 Franklin County Municipal Court located within the County of Franklin, State of Ohio, and Convention and Vendor hereby waive all defenses concerning personal jurisdiction and/or venue in order to give effect to this provision. Section XVI. Subletting The subletting of exhibit space without prior permission of the Convention is prohibited. Section XVII. Artists' Alley Vendors may have booths in the Dealers' Room or tables in Artists' Alley, but may not sell merchandise in both locations. Vendors with booths in the Dealers' Room may not allow others to resell the Vendor's goods in Artists' Alley. Section XVIII. Vendor Privacy 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. Section XVIX. Vendor’s Age The Convention will not rent space in the Dealers’ Room to any person under the age of 18 years. Section XX. Insurance 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. Section XXI. Right of Refusal Recognition and acceptance of Vendor’s contract for Ohayocon 12 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, a previous history of Vendor problems, or other factors. Section XXII. Dealers Room Contact Information Greater Columbus Convention Center 400 North High Street Columbus, OH, 43215 Tel: 1-800-626-0241 Fax: 614-827-2659 Signature ___________________________ Date ______________________________ Print Name ___________________________