TUPELO CON VENDOR APPLICATION:
GENERAL TERMS AND CONDITIONS
1. VENDOR’S UNDERSTANDING AND CONSENT
a. By submitting an application to be an Vendor, also known as Vendor, Artist, or Writer, at Tupelo Con, you, your employees, your business, and all business associates and others which may attend Tupelo Con on your behalf (collectively “Vendor” or “You”), should your application be accepted, agree to all terms, conditions, rules, and regulations set forth by Tupelo Con.
b. Vendor understands and agrees that Tupelo Con and its representatives, at its sole discretion, may alter the terms, conditions, rules, and regulations of any and all agreements, with or without prior notice, and that said alterations will supersede any and all terms and agreements made prior to said alterations.
c. Vendor understands and agrees that Tupelo Con will make every effort to resolve any dispute between Vendor and Tupelo Con and that any and all resolutions Tupelo Con provides are final.
2. PAYMENT FOR VENDOR SPACE
a. By submitting this application Vendor agrees that Vendor understands the payment policy and agrees to make payment to Tupelo Con in a timely fashion and in accordance with the terms set forth in this application.
b. There will be a $39.00 fee for returned checks
c. Tupelo Con requires a 25% deposit of the total cost to hold a space(s).
d. Vendor has ten (10) business days from day of email notification of acceptance into Tupelo Con to pay for space rental(s) in full or to pay a minimum 25% deposit. Space reservations will be canceled if no payment is received.
e. Payment in full is due by February 9, 2019.
f. Vendor agrees to pay a cancelation fee of 25% of the total cost owed to Tupelo Con for any and all cancelations. Refunds of any remaining balance will only be issued if Vendor cancels before February 9, 2019. If Vendor fails to cancel by this date set forth herein, no refund will be issued.
3. VENDOR SPACE
a. Tupelo Con will provide each vendor Vendor space: one 8ft table and two chairs. Artist and writer Vendor space is provided with one 6ft table and two chairs.
b. Any and all additional equipment and furnishings for your space are the responsibility of Vendor.
c. Power may be ordered for an additional charge when booths are reserved. Two outlets will be provided. You are responsible for bringing UL listed power strips and UL listed extension cords with an amperage rating of no less than 10 amps per cord.
d. Wi-Fi Access may be ordered for an additional charge when booths are reserved. All efforts are made to provide consistent wireless coverage on the Vendor floor, Artist Alley and Writers Row, however, the wireless internet connection is shared by all Vendors and no guarantees are made as to speed and/or uptime.
e. Tupelo Con and its representatives reserve the right to change or alter Vendor locations at their sole discretion with or without prior notice.
f. Subletting of space is not permitted.
4. VENDOR BADGES AND IDENTIFICATION
a. Vendors will be issued two Vendor badges for the first space rented and one badge with each additional space rented. Additional badges may be purchased at a discounted rate, however, Vendor may only purchase additional badges up to the allotted amount of badges the space comes with. Example: Vendor rents two Vendor spaces and receives three badges with the spaces. Vendor may purchase up to three additional Vendor badges, but no more.
b. No day passes shall be issued for Vendors. We highly encourage you to bring only workers who can work all three days (one load-in day, plus two convention days).
c. Children 10 and under are admitted free of charge and may attend your booth with no additional fee. Children 10 and under must acquire a wristband each day at Vendor check-in and must be attended at all times. Children over 10 require a weekend or Vendor pass.
d. Vendors and their staff must check in each morning (including children) at the designated check-in station. Valid identification (described as a driver’s license, state ID card, military ID, or passport) and Vendor badge with corresponding name must be presented at Vendor check-in each morning and anytime requested for any reason. Failure to do so will result in Vendor staff not being permitted onto, or removed from, the Vendor areas. [Children under the age of 16 will be exempt to the ID requirement. Children under 16 must be checked in by their parent.]
e. You agree that any and all badges issued to you remain the property of Tupelo Con and that all badges and corresponding privileges can be revoked at anytime. Upon revocation, Vendor agrees to return all badges.
f. You understand that any and all badges, including, but not limited to, Vendor badges, are to be issued to a single individual by legal first and last name (the name on the ID they intend to present for identity verification) and are non-transferable. Any attempt to transfer a badge will result in that badge being revoked and repossessed, at which point the offending parties will be asked to leave the premises. No replacement badge will be issued in its place.
g. Vendor agrees that you may only pickup Vendor badges during load-in on Friday. No Vendor passes will be issued or distributed after this time.
h. Vendor agrees that additional badges will only be available for purchase during Vendor load-in. Payment for badges purchased at Vendor load-in may only be made with a credit card.
i. Vendor badges will also allow access to all convention areas that standard badge holders have access to. In the case of limited availability of space in any area of the convention other than the Vendor areas, you agree that standard badge holders will be given priority over Vendor badge holders and Tupelo Con makes no guarantees about space, guest, panel, etc. availability throughout the convention.
5. LOAD-IN AND LOAD-OUT
a. Vendor agrees that load-in times will be scheduled by Tupelo Con, are not negotiable, and that Vendor and its representatives will be on time for load-in. Failure to arrive in a timely manner may result in your load-in being delayed or prohibited. No refunds will be issued based on Vendor’s failure to load-in during the allotted time.
b. Vendor will be notified of their scheduled load-in time through email correspondence, no less than seven (7) days in advance. Please note locations are subject to change without notice.
c. Vendor understands that there will be a limited amount of time to load-in and set-up on Friday and that a small amount of additional set-up time will be provided on Saturday morning before the convention opens.
d. Vendor agrees to have completed set-up, in its entirety, no later than 30 minutes before the convention opens to VIP badge holders each and every day of the convention.
e. Vendor agrees to have all Vendor spaces open and operational from open to close every day of the convention, including, but not limited to, the final day of the convention. No early break down, departure, or load-out is permitted.
f. Vendor understands that there will be a set amount of time to load-out on the final convention day and agree to remove all of Vendor’s product, belongings, and set-up within the allotted time. Failure to comply may result in additional costs from the host facility charged directly to the Vendor.
g. Vendor understands that load-in only takes place on the Friday before the convention begins and you will not be permitted to load-in any other day.
h. No child under the age of 18 is permitted in the facility during load-in or load-out times. This includes, but is not limited to, the Vendor Floor, Artist Alley, Writers Row, loading docks, truck staging areas, and/or service corridors.
6. DISPLAY RULES AND REGULATIONS
a. Vendors may make use of audio and visual equipment.
b. Vendor agrees to not display or output any offensive images or sound. Tupelo Con and its representatives reserve the right to determine what is offensive and at their sole discretion direct that offensive material is removed.
c. Vendor agrees to play any audio at a reasonable noise level. Tupelo Con and its representatives reserve the right to determine what is a reasonable level and may at any time direct Vendor to reduce the audio levels or stop audio output all together.
d. Vendor agrees not to display, play, permit the display or playing of, performance of, or distribution of any copyrighted material unless you have acquired all the necessary rights and approvals and have paid all necessary royalties, fees, and other payments required to gain permission to use said material.
e. Vendor understands that their Vendor space or final Vendor space setup may not block or interfere with any other space, booth, exhibit, or aisle. All of final Vendor space setup must remain inside of the dimensions of the space rented.
f. Vendor agrees that any damage Vendor, Vendor’s staff, and/or your representatives cause to the host facilities and/or their equipment is Vendor’s sole responsibility and that Vendor will be held liable for repairs and replacement by the host facility and that Tupelo Con will, at their request, provide them with your contact information in order for them to settle any claims or disputes with you directly.
7. MERCHANDISE FOR SALE
a. Vendor agrees to notify Tupelo Con through email correspondence, no later than January 1, 2019, if Vendor intends to sell weapons of any kind - real, fake, prop, costume, or otherwise - at Vendor’s booth.
b. Vendor agrees not to sell any adult material to minors. This includes, but is not limited to, the sale of weapons - real, fake, prop, costume, or otherwise.
c. All adult materials must be displayed behind tables, unless they are boxed, bagged, or otherwise sealed and cannot be opened.
d. All swords must be sold boxed or sheathed.
e. Vendor understands that all weapons of any kind sold must be peace-bonded at the booth using official Tupelo Con peace-bonding materials which Tupelo Con will provide. Furthermore, Vendor will instruct those customers that purchase swords that they must be left in the box and if no box is provided then they must be left in the sheath. Vendor agrees to notify them that failure to comply will result in their removal from Tupelo Con. Real firearms are not permitted for sale or display at Tupelo Con.
f. Any adult material containing nudity or images of a graphic and sexual nature must be covered and displayed in accordance with all state and local laws.
g. Vendor agrees that all merchandise/items you sell and/or bring onto the premises of the host facility and Tupelo Con are legal and licensed. No illegal or unlicensed items are allowed.
h. If a publisher, artist, copyright holder, or other finds that their property is being sold unlicensed by any Vendor at the convention or elsewhere and said publisher, artist, copyright holder, or other presses charges with the authorities, then that Vendor will be removed from the convention premises immediately. No refunds will be issued.
i. a. Outside food and beverage, including alcohol, are not allowed as SDG Conventions has numerous exclusive contracted service providers that offer food and beverage for purchase inside and outside the TFM. The exception to this rule is that Vendors may bring in a small beverage cooler each day before the convention opens. No food is permitted to be brought inside in the coolers or otherwise.
8. EXCLUSIVE/BRANDED MERCHANDISE FOR SALE
a. Vendor agrees that the sale of any item branded with Tupelo Con’s intellectual property, logos, images, type, slogans, etc., requires the completion and approval of licensing and permission application.
b. Vendor understands that it is at Tupelo Con’s sole discretion as to who is approved to sell Tupelo Con branded merchandise and at what quantities.
c. Vendor understands that selling Tupelo Con branded merchandise requires approval from, and a contract with, SDG Conventions Inc., and Vendor agrees to have at their booth and to present a copy of the contract if asked.
d. Vendor understands that selling, displaying, or providing free of charge, any Tupelo Con branded items or materials without expressed written consent from SDG Conventions Inc. is in direct violation of Tupelo Con’s rights and that violators will be prosecuted to the fullest extent of the law.
a. Tupelo Con, at its cost, will provide security at the main host facility.
b. Vendor agrees that Vendor is responsible for the security and safety of your own merchandise and/or product during load-in, load-out, and convention hours.
c. Vendor understands and agrees that Tupelo Con, its representatives, partners, or host facilities are not responsible for any property that is lost, stolen or damaged.
10. TAXES AND LICENSES
a. Vendor agrees to obtain any and all permits, licenses, identification numbers, and/or approvals under local, state, or federal law, at Vendor’s sole expense, that are applicable to your activities at Tupelo Con.
b. Vendor understands and agrees that Vendor is responsible to pay all taxes to Tupelo Con to be filed at the end of the event. Tax forms will be provided during Check in and are to be collected by 5pm Sunday May 5, 2018.
11. STATEMENT OF VALUES
a. Any Vendor that has been approved to do business at Tupelo Con is expected to conduct themselves in a manner that conforms with our Statement of Values before, during, and after the convention. The Statement of Values can be found on the Tupelo Con website (www.tupelocon.org).
b. Any Vendor that Tupelo Con deems to be have acted in a manner which is contradictory of our Statement of Values will have their privileges as an Vendor at Tupelo Con revoked. You agree and understand that no refunds will be issued.
12. LIABILITY AND FORCE MAJEURE
a. Under no circumstances shall SDG Conventions Inc. be liable for any lost profits or any incidental, indirect, special, consequential, or punitive damages whatsoever for any of the acts or omissions whether or not apprised of the possibility of any such lost profits or damages. In no event shall Tupelo Con’s maximum liability under any circumstances exceed the amount actually paid to Tupelo Con by the Vendor for Vendor space rental pursuant to this contract. Tupelo Con makes no representations or warranties, express or implied, regarding the number of persons who will attend Tupelo Con or regarding any other matter.
b. You agree to save, keep, protect and hold harmless SDG Conventions Inc. from any damage(s) or charge(s) imposed for violations of any regulation or ordinance by Vendor and Vendor’s employees or agents, or from Vendor’s failure to comply with the terms and agreements of this contract. Furthermore, Vendor shall at all times protect, indemnify, save, and keep harmless SDG Conventions Inc. against and from any liability, expense, loss, or cost damage which arises out of or from or by reason of any act or omission of Vendor, Vendor’s employees, or agents.
c. Tupelo Con makes no guarantees, representations, or warranties about the location of any Vendor space, the number of attendees during convention hours or any other time, and/or who any other Vendors may be and/or what they may sell or offer to convention attendees.
d. The scheduling of Tupelo Con is subject to change due to events beyond the control of SDG Conventions Inc. or its staff.
e. Vendor agrees to indemnify and/or hold Tupelo Con harmless for any and all injuries that occur within Vendor’s rented space, or for injuries that are caused by the actions of Vendor, Vendor’s employees, Vendor’s representatives, and/or Vendor’s other associates, not limited to, but including friends and family. Vendors must comply with all local, state, and federal laws.
13. TUPELO FURNITURE MARKET (TFM) - THE HOST FACILITY – POLICIES AND OPERATIONAL STANDARDS
a. Vendor will receive daily parking privileges via an Vendor parking pass distributed at Vendor load-in on Friday. Vendor badges will also be needed to park in the designated Vendor parking area. Overnight parking on the TFM property is strictly prohibited. No RV’s or other recreational vehicles are allowed in the Vendor parking area. Parking in the loading bay areas is prohibited.
b. Property left by Vendors will be considered abandoned after 48 hours from the end of the convention. Any property not claimed within 48 hours will be disposed of at the sole discretion of Tupelo Con or TFM.
c. The TFM does not accept deliveries from any Vendor before, during, or after the convention. SDG Conventions Inc. will accept pre-approved, prearranged deliveries in limited size and limited quantities. This service is typically reserved for celebrities and guest artists due to the nature of their travel arrangements.
d. No stock, supplies, equipment, displays, props, or exhibits are allowed to enter or leave through the front entrance of the TFM.
e. Vendor agrees that no music or artistic work or other property protected by copyright will be exhibited, used, performed, or produced, nor will the name of any entity protected by trademark be exhibited, reproduced, or used during Vendor’s use of the host facilities, unless Vendor has obtained license and expressed written permission from the copyright or trademark holder. Vendor covenants to comply strictly with all laws respecting copyright and trademarks and agree that you will not infringe any related statutory, common law or other rights of any person during your use of the host facilities. Vendor is responsible for remitting payment to appropriate agencies for use of copyrighted materials. Vendor will indemnify and hold SDG Conventions Inc., the Tupelo Furniture Market, and their respective officers, agents, representatives, and employees harmless from all costs and/or claims, liability, losses and/or damages (including court costs and attorney's fees) with respect to such copyright or trademark rights.
14. FAILURE TO COMPLY AND RECITALS
a. Vendor agrees and understands that failure to comply with any or all of the Terms and Conditions set forth in this agreement or any or all requests made of Vendor, Vendor’s staff, and/or Vendor’s representatives by Tupelo Con and its representatives constitutes a breach of contract between Vendor and Tupelo Con and could result in Vendor’s immediate removal from the convention. No refunds will be issued under these circumstances and Vendor forfeits any and all appeals and arbitrations that may have been available to Vendor.
b. Vendor acknowledges that these Terms and Conditions are intended to be as broad and inclusive as permitted by law and that if any portion of these Terms and Conditions is held invalid or otherwise unenforceable, the validity and enforceability of all remaining provisions, terms, and conditions shall not be impaired.
c. Vendor has carefully read these Terms and Conditions and fully understands the contents. Vendor voluntarily agrees with the Terms and Conditions. Vendor acknowledges that the terms and conditions set forth herein are contractual on fully enforceable and not a mere recital.