FillyCon VENDOR Agreement 2016

This document sets forth the rules for the Vendors’ Room at FillyCon (henceforth known as “the Convention”). By renting space(s) in the Convention Vendors’ 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 Vendors’ Room Agreement is amended, all other terms and conditions of this agreement remain in full force and effect.

Vendors’ Room/Booths

  • The dates for the convention will be August 26th through August 28th, 2016.
  • Each “Artist Alley” space is defined by half of a “Single Table” equivalent, and includes the following:
    • One-half (½) of a 6 foot Table
    • One(1) Side Chair and One (1) Badge
  • Each “Single Table” space includes the following:
    • One (1) 6 foot Table
    • Two (2) Side Chairs and up to Two (2) Badges
  • Each “Double” space includes the following:
    • Two (2) 6 Foot Tables
    • Two (2) Side Chairs and up to two (2) Badges
  • Each “Anchor” space includes the following:
    • Three (3) 6 Foot Tables
    • Three (3) Side Chairs and up to three (3) Badges
  • Pipe and Drape to enclose a vendor space may be available for an additional fee.
  • Additional Vendor badges may be available for an additional fee.
  • 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.

State and Local Permits

  • The Convention does not provide business or tax licenses for operation within the City of Philadelphia or State of Pennsylvania. It is the Vendor’s responsibility to ensure they obtain and maintain any and all permits and licenses required.

Booth Configuration

  • 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 venue requirements.

Payment/Refund/Cancellation Policy

  • Payment is due in 30 days from the time you receive your acceptance into the Vendors’ Room. FillyCon 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 to make arrangements. Vendor should also cancel any services they have ordered through other service providers. There will be no refund for cancelled booths beyond July 25th, 2016. 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. - If vendor cancels after 30 days a $30.00 cancellation fee will be charged.

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, the Venue, 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 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.
  • 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.

Vendor Memberships

  • 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.

Vendors’ Room Policies

Food and Cosmetic Products Policy

Adult Materials Policy

  • FillyCon is an all ages convention. Convention Policies prohibit sale, transfer, or public display of any Pornographic, Suggestive, or inappropriate content in convention spaces, including the Vendor Hall. The Vendor Coordinator is responsible for maintaining a safe environment in the Vendor Hall, and may ask to examine and reject content and merchandise they deem inappropriate at their sole discretion. In addition, the Convention does not allow the advertising of such products or services to take place outside the Vendor Hall. Failure to comply with warnings may result in removal from the Vendors’ Room, the revocation of Vendor status and forfeiture of booth rental fees. The Convention has a no tolerance policy regarding the sale of adult material.

Bootleg / Piracy Policy

  • The Convention does not allow the sale of bootleg merchandise such as burned CDs/DVDs, music or DVDs that are manufactured without observation of legitimate copyrights, etc. The Convention does not allow the advertising of bootleg or knockoff products/services, or “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. The Convention 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. 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)

  • Prop or Live Steel Weapons.
  • Firearms or Firearm Replicas.
  • Material which you do not have the right to distribute.
  • Adult or Inappropriate Materials.
  • Any Content deemed inappropriate by the Vendor Coordinator.

Items which MAY be sold at the Convention include (but are not limited to)

  • Fan-Produced artwork which you have the right to distribute.
  • Licensed content for which you hold distribution rights.
  • Custom or Commissioned Items, or works of art.
  • Toys and/or accessories.
  • Cosplay Items. (That are not Weapons or replica Weapons)
  • Embroidered goods
  • Soft toys and wearable goods.
  • Comics and Table Games.

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.

Noise

  • 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.

Hold Harmless

  • Vendor agrees to assume all risk, and to indemnify and hold harmless the Convention, the Venue, 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.

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.

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.

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 Schuylkill County Municipal Court, located in Schuylkill County, Commonwealth of Pennsylvania, and Convention and Vendor hereby waive all defenses concerning personal jurisdiction and/or venue in order to give effect to this provision.

Subletting

  • The subletting of exhibit space without prior permission of the Convention is prohibited. This includes sharing space with friends momentarily.

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.

Vendor’s Age

  • The Convention will not rent space in the Vendors’ Room to any person under the age of 18 years.

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.

Right of Refusal

  • Recognition and acceptance of Vendor’s contract for FillyCon 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.

If you have any questions about this document or the rules put forth within, please contact Vendors@FillyCon.org