Legal

Artist Alley

ANIME EXPO® 2018

SCHEDULE A: STANDARD TERMS AND CONDITIONS: ARTIST ALLEY  

    1. Defined Terms
      READ THESE TERMS AND CONDITIONS CAREFULLY. By contracting to rent an artist table at Anime Expo® (“AX”) 2018 and by exhibiting your art at AX’s Artist Alley, you agree to abide by these Standard Terms and Conditions (the “Standard Terms”). The "Event" means Anime Expo®, currently scheduled July 4, 2018 through July 8, 2018 ("Event Dates") at the Los Angeles Convention Center ("Event Facility"). The Event is owned, produced, and managed by The Society for the Promotion of Japanese Animation ("SPJA"). "SPJA" means SPJA and its authorized representatives. "Artist" means: (i) the artist, (ii) the artist’s company, (iii) those staffing the artist’s table or otherwise acting as artist’s representative or agent with regard to the Event; (iv) any other entity or person that applied for artist space rental and signed this contract for artist; and (v) each of artist’s owners, officers, directors, members, shareholders, employees, contractors, agents, representatives, and invitees. Artist Alley Packet and Regulations are rules and regulations for Artists. “Minor” means a person under 18 years old. Artists are solely responsible for verifying age where applicable.
    2. Youth Protection Policy
      (a) All personnel who will be present at the Event on Artist’s behalf shall read SPJA’s Youth Protection Policy (“YPP”), and are strongly encouraged to view the YPP training videos. Both the Youth Protection Policy and the YPP training videos at: http://www.youthprotectionportal.org/ (b) Although not required, Artist is strongly encouraged to conduct criminal background checks on all personnel who will be present at the Event on Artist’s behalf, and may do so at SPJA’s expense through its third party vendor. No one may attend the Event who is disqualified under YPP Section 5, “Disqualifying Criteria”.
    3. Contract Acceptance & Remedies
      This contract shall become binding and effective when fully executed by both Artist and SPJA. If Artist violates this Agreement, the Standard Terms, the Youth Protection Policy, other SPJA Policies, or any of the Artist Alley Packet and Regulations, SPJA may in its sole discretion and without limiting any of its other remedies, close a table, withdraw acceptance of this Agreement, or refuse to permit the Artist to participate in future events.
    4. Qualifications of Artist
      To participate in Artist Alley, Artist must purchase an Anime Expo® 2018 Artist Alley Table Package. SPJA, in its sole discretion, has the right to determine whether a prospective artist is eligible to participate in the Event. All applicants may be required to submit additional information about their business and the art that they intend to exhibit.
    5. Payment Terms
      Artist must pay one hundred percent (100%) of the total Anime Expo® 2018 Artist Alley Table Package fee immediately upon applying for Artist Alley on-line. (b) For all Program Guide advertising, Artist must pay one hundred percent (100%) of the total fee upon SPJA’s approval of Artist’s application for space in the Program Guide. All fees paid are non-refundable and nontransferable, except as set forth in Section 31 (Cancellation by Artist). Checks shall be payable to SPJA and noted as “AX 2018 Artist Alley”.
    6. Artist’s Failure to Pay
      (a) If Artist fails to make any payment required by that payment’s deadline, SPJA may terminate the Agreement and Artist’s participation in the Event immediately without further notice and without any obligation to refund monies previously paid, the table space shall revert back to SPJA, and the Artist shall remain liable for the full payment for the Table Package. (b) Applications will not be accepted unless an Artist has complied with all past financial obligations to date with respect to SPJA. (c) SPJA reserves the right at its discretion to refuse Artist permission to move in and set
      up a table if any payment due to SPJA is in arrears. (d) SPJA may, but has no obligation to occupy or dispose of any space vacated or made available by reason of action authorized by this Agreement, without releasing Artist from any liability hereunder. (e) Releasees reserve the right to enforce their rights under this Agreement, including but not limited to their indemnification rights.
    7. Rights of Offset; Enforcement
      SPJA may apply funds due to Artist under this contract, if any, to offset any other debt or obligation that Artist owes to SPJA whether or not such indebtedness arises from this Agreement.
    8. Assignment of Table Space
      SPJA has the sole discretion to assign Artist Alley table space. Such assignment does not imply that similar space will be assigned for future events. SPJA reserves the absolute right to change the floor plan or to move an Artist to another location prior to or during the Event.
    9. Table Space Occupancy
      SPJA has sole discretion to designate hours and dates for installing, occupying, and dismantling tables. If Artist fails to install its display in its assigned space by one hour before the Event opens or leaves its space unattended during the Event hours, SPJA shall have the right to take possession of the space and no refund will be due to Artist. Artist may not dismantle the display until the Event is officially closed by SPJA. If additional labor hours or overtime, are required for installation and/or removal of the table, then Artist shall pay such charges within thirty (30) days of the Event as billed. Nothing in this Section 9 shall limit SPJA’s rights under Section 31 (Cancellation by Artist).
    10. Artist Alley Passes
      Provided the Artist has paid in full on time, the Artist shall receive one (1) Artist Alley Pass for either the One Table or Two Table Artist Alley Table Packages, which badge shall be for the primary artist only. For an additional fee, Artist may purchase up to two 2) additional Artist Alley Passes per Artist Alley Table Package, which badges will be sold to
      Artist at a later date by means of an access code provided to Artist by SPJA. There may be only one (1) subsidiary artist per table. For example, the One (1) Artist Table Package may have two (2) non-artist helpers OR (1) subsidiary artist; and the Two (2) Artist Table Package may have two (2) subsidiary artists and three (3) non-artist helpers, OR one (1) subsidiary artist and four (4) non-artist helpers, OR five (5) non-artist helpers. Regular badges to Anime Expo do NOT provide access to Artist Alley during set-up and take-down hours, and do NOT provide permission to sit behind an Artist Alley table. No parking vouchers or parking passes are available.
    11. Artist Alley Packet and Regulations
      Before the Event, SPJA will prepare an Artist Alley Packet and make it available online. The Artist is solely responsible for ensuring it downloads and reads the Artist Alley Packet. The Artist Alley Packet will include information essential to participation in the Event, including but not limited to Artist Regs, registration information, table display rules, and move-in/move-out schedules. SPJA may amend, revoke, or adopt Artist Regs from time-to-time, upon three (3) hours’ notice to Artist, or without notice if the Exhibit Facility changes its rules and regulations without advance notice to SPJA. Artist agrees that all information containing terms and conditions provided to Artist by SPJA shall be deemed fully read and that Artist shall thereby be bound. Whether or not in Artist Alley Packet or Regs, Artist and all those attending the Event on Artist’s behalf shall abide by all SPJA Policies posted on www.anime-expo.org.
    12. Conduct at Event and Table
      Artist shall conduct itself at all times in accord with normal standards of decorum and good taste at an event open to minors, and in accord with the Code of Conduct. All exhibits shall display products or services in a tasteful manner as determined in SPJA’s sole discretion. Live animals, nudity, partial nudity, carnival-type attractions, and gambling are prohibited. Entertainment or advertisements outside of an Artist's table are prohibited. The aisles, passageways, and overhead spaces remain strictly under control of SPJA and may not be blocked. No signs, decorations, banners, advertising material, or special exhibits will be permitted in any of these spaces except by special written permission of SPJA. Those staffing the Artist’s table or acting on Artist’s behalf must remain within the Artist’s table space while working.
    13. Sound Policy & Excessive Noise
      Artists are prohibited from operating noise creating devices such as but not limited to music, bells, horns, or megaphones, and shall pay the costs of removal of such items. SPJA has sole discretion to determine acceptable noise levels, with a maximum noise level of 85 decibels. Artist shall comply with any request by SPJA, the Event Facility, or the City to discontinue any sound or music. If SPJA, in its sole discretion, finds Artist in violation of this sound policy, SPJA may: (a) on first violation, give Artist a written warning; (b) if a second violation occurs, disconnect Artist’s power for the remainder of the Event, and Artist shall not be entitled to any refund or reimbursement whatsoever. If SPJA has disconnected the Artist’s power for a sound violation at a prior event, SPJA may immediately disconnect the Artist’s power for the remainder of the Event upon the Artist’s first sound violation. SPJA may, at its sole discretion, require separate, binding agreements with sound policy violators to review and approve sound policy violators’ table space design, and other related issues before sound policy violators are permitted to book space in future events.
    14. Fire and Safety Laws
      Artist shall comply with all federal, state, and local fire and safety laws at all times. Artist is solely responsible for ensuring its compliance with such laws.
    15. Anti-Piracy Policy/Grey Market Goods
      Sale, distribution, or display of “Infringing Content” is strictly prohibited at the Event. “Infringing Content” is material that violates any copyright, trademark, patent, trade secret, privacy or publicity rights, or is defamatory to or violates the privacy, of any person or entity, such as but not limited to pirated, grey market, unlicensed, or bootlegged products, merchandise, costumes, characters or art work. Artist represents and warrants that its table shall not contain, display, sell, distribute or make available any Infringing Content, and that the Artist shall not play or permit the playing or performance of, or distribution of any copyrighted material at the Event unless it has paid all required royalties, fees, or other payments and has obtained all necessary licenses in writing. SPJA may require Artist to produce Artist’s written license or authorization to display, reproduce or distribute materials in Artist’s table, and Artist shall keep such written licenses and authorizations in the table at all times. If such authorization is not produced upon SPJA’s request, SPJA may, without further warning and without incurring any liability whatsoever, require Artist to remove it from the premises, eject the Artist from the Event, and/or disqualify Artist from participating in future Events. SPJA shall not be liable for any Infringing Content, or failure to discover or remove such content.
    16. Only Original Art at Artist Alley
      All items on sale and display must be the original creation of the Artist. Artist shall not copy, sell or display any counterfeit or official products or merchandise of any anime, manga, video game, television show, movie, etc., regardless of whether Artist has a license from the Intellectual Property holder to do so.
    17. No Weapons or Adult Material
      No firearms, weapons or adult materials of any kind (“Prohibited Materials”) may be sold at Artist Alley. SPJA may determine in its sole discretion whether any particular material is Prohibited Material. SPJA may require that Artist immediately remove all Prohibited Materials from the premises. SPJA may require the immediate removal of any Artist that fails to comply with SPJA’s request to remove Prohibited Materials, but SPJA is not required to provide any advance notice or request before removal of an Artist for violation of this Section. If SPJA removes or restricts an exhibit that SPJA considers to be objectionable or inappropriate, no refund will be due to Artist.
    18. Credit Card Acceptance. In the event Artist accepts credit cards for payment in the Artist Alley (“Credit Card Taker”), Credit Card Taker will, in the course of such credit card payment services, come into possession of Personal Information of individuals who pay with credit cards (“Cardholder(s)”) “Personal Information” means information that identifies or can be used, alone or in combination with other information to identify an individual. “Cardholder Data” shall have the meaning given to it by the Payment Card Industry Data Security Standard then applicable to the credit card industry (“PCI DSS”). Credit Card Taker agrees to treat Personal Information of Cardholders gathered by it or provided to it in accordance with all applicable laws and to treat Cardholder Data in accordance with PCI DSS. Credit Card Taker agrees that pursuant to PCI DSS and the requirements of the credit card associations, it shall not transfer or make available Cardholder Data to any unauthorized third parties. Nothing herein limits Credit Card Taker’s use of Personal Information (and other information) relating to Cardholders for any lawful purpose, provided, that Credit Card Taker agrees not to sell such Personal Information to third parties. In the event that there is a suspected or confirmed security incident that could reasonably be expected to lead to the inadvertent disclosure from Artist of Sensitive Personal Data relating to Cardholders, Credit Card Taker shall report such security incident within 2 business days to SPJA. Credit Card Taker shall make such reports to (714) 937-2994 and by email to: anne.kim@spja.org; finance@spja.org; brooke@50Balmy.com. Upon request, Credit Card Taker shall cooperate with SPJA in providing such additional information as SPJA may reasonably request about the incident, its causes, and its results. "Sensitive Personal Data" shall mean Personal Information or Cardholder Data for which applicable law requires notice of inadvertent disclosure or access to the applicable Cardholder. In the event of a suspected or confirmed security incident, Credit Card Taker shall take all steps as it determines to be required by applicable laws, including with respect to notifying affected Cardholders and will use commercially reasonable efforts to discuss the nature of its response, including the form and content of any such notices with SPJA prior to the sending thereof. Nothing herein shall be construed to mean that SPJA is liable or responsible in any way for Artist failing to comply with this section or other PCI requirements.
    19. Event Listings, Promotions, & Live
      Simulcasts. Artist agrees that its Event participation is to widely promote anime, manga and Japanese culture, and to reach fans internationally. In order to permit fans to participate in the Event and other SPJA activities in person and online, SPJA promotes the Event widely and may “live” simulcast portions of it (“Promotional Purposes”) Artist gives SPJA permission to take still photographs and moving sound and audiovisual recordings of Artist's table, art work, products, productions, signs and personnel displayed in places open to Event attendees at the Event (“Public Displays”) during and after the open hours of the Event in any manner or medium now known or later discovered (the “SPJA Recordings”). For Promotional Purposes, SPJA may, but is not obligated, to include SPJA Recordings of Artist’s Public Displays in SPJA Event programs, listings and other SPJA promotional materials including Live Simulcasts of the Event. For Promotional Purposes, Artist expressly grants to SPJA a fully paid, perpetual nonexclusive license to display, reproduce, and distribute artist, company and product information, art, names, logos, trademarks, copyrighted materials, voices, and likenesses in Public Displays at the Event, or that Artist provides to SPJA for Promotional Purposes. SPJA will not be liable for any errors in any listings or descriptions or for omitting any Artist from any program, listing, or promotional material. SPJA shall own the copyrights in the SPJA Recordings (including any extensions and renewals thereof) throughout the world, in perpetuity. Specifically, but without limitation, Artist grants SPJA the right to simulcast “live” Artist’s Public Displays by means of radio (terrestrial and digital radio), television, the internet, and wireless/mobile systems or similar live streaming internet platforms, and all related services, software, and networks that allow for authorized streaming and distribution of video content over the internet (but not for downloads by the end viewer) (“Live Simulcasts”). The grant of rights for Live Simulcast includes the right for SPJA to receive any and all revenues earned from Live Simulcasts, including but not limited to behind-pay-wall ticket sales, license fees, shares of commercial advertising, promotions, donations, and purchases made during the Live Simulcast, if any.
    20. Trademarks and Logos
      SPJA reserves all right, title, and interest in all SPJA trademarks and logos (the "Marks"), including but not limited to: ANIME EXPO; AX; SOCIETY FOR THE PROMOTION OF JAPANESE ANIMATION; SPJA; PROJECT ANIME; PA; LOUNGE 21; and SPJA mascots, such as Max. any other trademarks or logos in which SPJA has or may obtain statutory or common law trademark rights, derivations thereof, and marks substantially similar thereto, whether or not such marks or logos are registered by SPJA. Artist shall have no right to use the Event logo, trademark, service mark, or any other intellectual property rights of SPJA, and shall not reproduce SPJA’s Marks on products, merchandise, or commercially unless such rights are provided separately in writing. If SPJA provides such written permission, then the Artist may use the Marks only in the form, style, and type prescribed by SPJA. Artist shall neither directly or indirectly obtain nor attempt to obtain any right, title, or interest in or to SPJA's Marks, and hereby expressly waives any right that it may have to do so.
    21. Care of Event Facility
      Artist shall promptly pay for any and all damages caused by Artist to the Event Facility or associated facilities, table equipment, or the property of others. Artist may not sell food or drink or give away free samples of food or drink in the Event Facility. SPJA reserves the right to cause Artist to immediately cease all distribution of food and drink, even free samples, at SPJA’s sole discretion.
    22. Permits and Taxes
      Artist shall obtain any licenses, permits, or approvals (“Permits”) under federal, state, or local law applicable to its activities at the Event at its sole expense. Artist shall obtain any necessary tax identification numbers and permits and shall be solely responsible for paying all taxes, including but not limited to sales taxes, license fees, use fees, or other fees, charges, levies, or penalties that become due to any governmental authority in connection with its activities at the Event.
    23. Insurance
      Effective for 2018, SPJA will make best reasonable efforts to contract with a third party insurer to provide limited general commercial liability insurance for Artist Alley participants under a separate insurance program. SPJA can provide this insurance only so long as its carrier offers the program at reasonable rates, and may discontinue such insurance at any time. SPJA makes no representations or warranties about the sufficiency or coverage of such insurance, and Artists may secure additional insurance at their own expense. No discounts will be offered to Artists who have or obtain independent insurance coverage. If SPJA informs Artist that it has not been not able to obtain to obtain such coverage for Artists by March 1, 2018, Artist shall make reasonable efforts to obtain and must pay for adequate personal and property damage liability, Commercial General Liability. Separately and every case, Artist shall make reasonable efforts to obtain, and bear the expense of, adequate Worker’s Compensation, and vehicle insurance coverage if Artist has employees or uses vehicles in connection with Artist Alley with “adequate” meaning reasonably related to the size, scope and nature of Artist’s employees and vehicle use at and for the Event. The minimum coverage acceptable shall be not less than $1 million per occurrence/$2 million aggregate. The Yen equivalent is acceptable. Artist will provide SPJA with a Certificate of Insurance for Worker’s Compensation, and vehicle insurance if Artist has employees or uses vehicles in connection with Artist Alley at least sixty (60) days prior to the Event. Such insurance must name SPJA and the Event Facility and its operators as additional insured, in accord with sample language available from SPJA. The insurance shall cover the full period of occupancy at the Event Facility by the Artist, its agents, servants, representatives, employees, guests, and/or invitees.
    24. Artist’s Assumption of Risks
      Artist expressly assumes all risks and liabilities arising from or related to Artist's participation, acts or omissions at the Event, including without limitation, all risks of harm or loss of any kind suffered by anyone attending, producing, organizing or affiliated with the Event, the Exhibit Facility, and the City of Los Angeles (the “City”), which risks include but are not limited to theft, harm, damage or injury to a person (including death), property, intellectual property, copyrights, trademarks, business, or profits, from whatever cause or source. Artist is solely and exclusively responsible for its property and any theft, damage, or other loss to Artist’s property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by an insurer). The SPJA, the Exhibit Facility, and the City of Los Angeles (collectively, the “Releasees”) have no responsibility or liability, nor is a bailment created, for property delivered by or to Artist.
    25. Release and Indemnification
      Artist hereby completely releases and shall indemnify, defend, discharge, and hold harmless the Releasees, individually and collectively, and their present and former officers, directors, shareholders, partners, members, affiliates, employees, agents, representatives, sponsors, funders, attendees, insurers, attorneys, and predecessors, assignees and successors of each of them, from any and all demands, damages, losses, liabilities, causes of action, lawsuits, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, attorneys' fees, and claims of every kind or nature, whether known or unknown, in law, equity, or otherwise that either may now have or have had or that may hereafter accrue, individually, collectively, or otherwise in connection with, relating to or arising from Artist's participation in the Event. This Section 25 applies to, without limitation: (a) any debt owed by Artist or breach by Artist of any agreements, covenants, promises or other obligations to third parties; (b) any matter for which Artist is responsible under this Agreement; (c) any third party claim for infringement of any patent, copyright, trademark, trade secret, or other proprietary right; (d) any defamation or similar claim; and (e) harm or injury (including death) to any person or third party. Artist shall not settle or compromise any claims against any Releasee without that Releasee’s prior written consent.
    26. Waiver. Artist acknowledges the possibility that, after signing this Agreement, Artist may discover facts or incur or suffer claims that were unknown or unsuspected at the time this Agreement was executed, and which if known by Artist at that time may have materially affected Artist’s decision to sign this Agreement. Artist acknowledges and agrees that Artist is assuming any risk of such unknown facts and such unknown and unsuspected claims. Artist has been advised of the existence of Section 1542 of the California Civil Code ("Section 1542"), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Notwithstanding such provisions, Artist knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law, or rule of similar effect. This release does not apply to acts of gross negligence or intentional or willful misconduct on the part of the Releasees, to the fullest extent permitted by law.
    27. Limitation of Liability
      UNDER NO CIRCUMSTANCES WILL ANY RELEASEE BE LIABLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT IT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY LOST PROFITS OR DAMAGES. The maximum liability of any Releasee will not, under any circumstance, exceed the amount actually paid to SPJA by Artist for table space rental under this Agreement. SPJA makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or any other matters.
    28. Independent Contractors.
      The parties are independent contractors, and are not and shall not be construed to be agents, joint venturers, or partners. Each party shall be solely responsible for compensating its own employees and contractors and for their benefits, if any. Neither party may enter into contracts or incur liabilities on behalf of the other. SPJA may establish reasonable standards of performance. Artist shall provide Artist’s own tools and equipment. Each party is responsible for conducting its own business.
    29. Compliance with Laws & Policies.
      Artist shall comply with all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Event Facility (including, without limitation, copyrights, trademarks, and any union labor work rules, and PCI compliance). Artist and those attending the Event on Artist’s behalf shall comply with SPJA Policies and Code of Conduct while at the Event. Noncompliance with this Section may result in immediate removal of the Artist.
    30. Export Control Laws
      Artist shall not violate or cause SPJA to be in violation of Export Control Laws.
    31. Cancellation by Artist
      Artist may cancel participation in the Event at any time upon written notice to SPJA. SPJA must receive written notice of cancellation by email to:
      artistalley@anime-expo.org. If SPJA receives such notice of cancellation on or before March 1, 2018 (the “Cancellation Deadline”), SPJA, will retain fifty percent (50%) of the contracted amount as a cancellation fee and will return the remaining fifty percent (50%) to Artist. If SPJA receives such notice on or after March 1, 2018, or if Artist fails to staff its table through the end of the Event or otherwise forfeits its table for violating this contract, then one hundred percent of the contracted amount cancelled is due and non-refundable. On cancellations received after the Cancellation Date, SPJA may retain all payments already received, regardless of whether SPJA resells or otherwise reassigns canceled or forfeited tables. SPJA reserves the right to resell or otherwise reassign canceled or forfeited tables.
    32. Restriction or Termination by SPJA
      SPJA may restrict or remove any table that SPJA, in its sole discretion, believes is objectionable, inappropriate or illegal. If SPJA restricts or removes such a table, no refund will be due to Artist. SPJA may also terminate this contract effective upon written notice of termination if Artist (a) breaches any of its obligations under the contract or (b) is adjudicated as insolvent, declares bankruptcy, or files or has filed against it, any petition in bankruptcy, or fails to continue its business. In either of these cases, SPJA shall have no obligations, expressed or implied, to refund any payments previously made.
    33. Event Cancellation or Change
      SPJA reserves the right to cancel, re-name or re-locate the Event, or change the dates on which it is held. If SPJA cancels the Event due to a Force Majeure event or for any other reason, or changes the Event dates to dates that are not within thirty (30) days of its originally scheduled date, and Artist does not wish to participate in a rescheduled Event, SPJA shall refund Artist for payments made to date, less any costs and expenses that SPJA incurred as of the cancellation, which shall be deemed full satisfaction of SPJA's liabilities to Artist. If SPJA changes the name of the Event, relocates the Event to another facility, or changes the Event dates to dates that are within thirty (30) days of its originally scheduled date, no refund will be due to Artist. SPJA is not required to cancel or relocate the Event, or make any refunds, if the Event Facility is under construction.
    34. Force Majeure
      SPJA shall not be liable for any damages sustained from delay or non-performance due to events beyond its reasonable control, including, without limitation, acts of God, disaster, acts of war or terror, labor disputes, weather, earthquakes, fires, failure of power or utilities, government acts, curtailment of transportation facilities preventing or unreasonably delaying the Event, unavailability of the Exhibit Facility, or other cause. Thereupon, this Agreement may be terminated or the Event may be moved to another appropriate location, at the sole discretion of SPJA, and Artist hereby waives any claim for any damages or compensation.
    35. Non-Discrimination
      Artist represents and warrants that it does not discriminate in employment, hiring, participation, accommodations, or provision of services on any illegal grounds. Artist shall construct its table to comply with the Americans with Disabilities Act and related laws.
    36. Reporting Obligations
      Artist understands and agrees that SPJA may be required to disclose financial information, contracts, information about salaries and other employee information, and other information to government agencies, in public federal and state tax returns, and elsewhere in accord with local, state, and federal "sunshine" or other disclosure laws and regulations that now or may in the future apply to SPJA as a nonprofit organization. SPJA shall be entitled to rely upon data, information, and representations provided by Artist. Artist shall correct and report any errors to SPJA.
    37. RFID Technology
      SPJA may use RFID technology for attendees at the Event. Artist may not alter or ask an attendee to alter any RFID equipment, or use RFID equipment in violation of FCC rules. NEITHER SPJA OR EVENTBRITE WILL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO USE OF THE RFID EQUIPMENT IN VIOLATION OF THE FCC RULES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,] DATA OR OTHER INTANGIBLE LOSSES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
      SUCH DAMAGES).
    38. Governing Law
      This Agreement is governed by the laws of California and U.S. intellectual property laws. Artist agrees that the courts located in Los Angeles, California shall constitute the exclusive venue and forum for the resolution of all disputes arising from or related to this Agreement. If SPJA brings suit to enforce any of its rights hereunder, then Artist shall reimburse SPJA for all fees and costs of the suit, including reasonable attorneys’ fees.
    39. Additional Terms and Conditions
      Any matters pertaining to the Event and not specifically covered by the terms and conditions of this Agreement shall be subject to determination by SPJA in its sole discretion. This Agreement (including the Artist Regs, the Artist Alley Packet, the Youth Protection Policy, and SPJA Policies on www.anime-expo.org are the entire agreement of the parties on the subject
      matter hereof. Any amendment or modification to this contract must be in
      writing and signed by SPJA. Artist may not assign this contract or any right hereunder, or sublet or license all or any portion of its table space without the SPJA’s prior written consent.
    40. Severability If any term of this Agreement is declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. This Agreement (including the Artist Regs, the Artist Alley Packet, the Youth Protection Policy, and any schedules) shall be binding upon Artist’s heirs and successors, and constitutes the entire agreement between Artist and SPJA. SPJA’s obligations are expressly conditioned upon Artist’s full performance of this Agreement including, without limitation, payment and actual participation in the Event as an Artist.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

Vendor

SCHEDULE A

STANDARD TERMS AND CONDITIONS FOR VENDOR SERVICES

TO THE SOCIETY FOR THE PROMOTION OF JAPANESE ANIMATION

  1. AGREEMENT AND DEFINITIONS. These Standard Terms and Conditions are fully incorporated into and are a material part of the Master VSA between SPJA and VENDOR.  The following definitions apply to the Master VSA and all of its Project Orders:
    • For convenience, SPJA and VENDOR are each a “Party” and together are the “Parties.” Any person or entity who is not a party to this contract is a “Third Party,” and no Third Party beneficiary rights are created by this Master VSA.
    • “Anti-Corruption Laws” mean, collectively: (i) the United States Foreign Corrupt Practices Act (the “FCPA”); (ii) the Japanese Unfair Competition Prevention Act (“UCPA”); any applicable legislation or regulation implementing the Organization for Economic Cooperation and Development Convention Against Bribery of Foreign Public Officials in International Business Transactions; and (iii) all other applicable laws, regulations, orders, judicial decisions, conventions, and international financial institution rules regarding domestic or international corruption, bribery, ethical business conduct, money laundering, political contributions, gifts and gratuities, or lawful expenses to public officials and private persons, agency relationships, commissions, lobbying, books and records, and financial controls.
    • Deliverable” shall be the final version of the Work that VENDOR delivers to SPJA in fulfillment of the performance and specifications required in a Project Order, such as a final report, architectural design, business plan, treatment, screenplay, artwork, script, or other deliverable.
    • Export Control Laws” mean all U.S. or other laws and regulations relating to the export or re-export of commodities, technologies, or services, including, but not limited to, the Export Administration Act of 1979, 24 U.S.C. §§2401-2420, the International Emergency Economic Powers Act, 50 U.S.C. §§1701-1706, the Trading with the Enemy Act, 50 U.S.C. §§1 et. seq.; the Arms Export Control Act, 22 U.S.C. §§2778, 2779; the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et. seq.; and the International Boycott Provisions of I.R.C. §999.
    • "Intellectual Property" means the intangible yet valuable products of the human intellect for which property rights are recognized by law, including but not limited to brand names and logos; musical, literary, and artistic works; discoveries and inventions; words, phrases, symbols and designs; participant, volunteer, employee, vendor, funder, client, service provider, and other contact information and lists. "Intellectual Property Right" means any right or protection existing from time to time in a specific jurisdiction, whether registered or not, under any copyrights, trademarks, patent rights, industrial design and invention rights, trade secret rights, rights in a person's name, voice, likeness and signature (publicity rights); moral rights of integrity and attribution, rights against unfair competition, or similar laws and includes rights set forth in governmental statutes, regulations, ordinances and rules and rights established by judicial decisions under common law or equity, and applications and registrations for the foregoing.  Intellectual Property Right also includes all possible claims (including claims against third parties) arising from or related to the foregoing, including but not limited to claims for infringement of Intellectual Property Rights.  "Derivative Work” means any creative work based upon or that includes elements of one or more pre-existing works, such as a translation, arrangement, redesign, dramatization, fictionalization, and other derivation.
    • “Personal Information” means information that identifies or can be used, alone or in combination with other information, to identify an individual.
    • Services” shall be the time, advice, skill, and expertise that VENDOR devotes to creating the Work and providing Deliverables (as defined above).
    • "Work" shall be defined as, collectively, the tangible preliminary drafts, products, and materials (including preliminary, preparatory or draft materials) delivered by VENDOR to SPJA.
  2. INDEPENDENT CONTRACTORS. The Parties are and shall be construed to be independent contractors, and not as agents, joint venturers, or legal partners, notwithstanding use of words like “collaborator” or “partner” in publicity or otherwise.  Neither Party shall participate in the other Party’s employee benefit nor compensation plans.  Each Party shall be solely responsible for compensating its own employees and contractors and for paying their worker’s compensation and other benefits, if any.  Neither Party may enter into contracts or incur liabilities on behalf of the other.  VENDOR shall control its method of work while fulfilling its obligations to SPJA, although SPJA may establish reasonable standards of performance and the quality of Deliverables it expects.  Except for work that must be performed at SPJA’s facilities or using SPJA’s tools and equipment, VENDOR will provide Services away from SPJA’s place of business using VENDOR’s tools and equipment.  Each Party shall be responsible for the conduct of its own business and will comply fully with applicable laws.
  3. TAXES. All payments made to VENDOR shall be made without deduction for federal, state, or local payroll, withholding or social security taxes, or unemployment or workers' compensation insurance.  VENDOR shall solely pay all taxes due on such payments and comply with all government requirements pertaining to income, employment, social security and other taxes.
  4. STANDARDS OF PERFORMANCE. VENDOR shall perform all Services in a professional and courteous manner, using VENDOR’s best reasonable efforts, safely, and consistent with the standards of care and performance that service providers having a similar level of experience and expertise in the relevant industry or field customarily provide, and to SPJA’s reasonable satisfaction.  VENDOR shall have and maintain any licenses or certifications legally required to perform the types of Services required of VENDOR, if any.
    • (a) Services shall be performed in compliance with SPJA’s policies and procedures, with applicable laws and regulations, to SPJA’s reasonable satisfaction, and in fulfillment of Project Order requirements. VENDOR shall report regularly, accurately, and fully to SPJA, and shall respond to SPJA’s inquiries promptly.  VENDOR understands that failure to comply with these requirements shall be considered a material breach of the Master VSA and grounds for termination of the Agreement and applicable Project Order pursuant to the termination for cause provisions of this Schedule A
    • (b) SPJA may request that VENDOR modify interim work product delivered to SPJA, or change the manner in which Services are being provided. If the requested changes are within the scope of Services in the applicable Project Order, VENDOR shall make those changes.  If the requested changes exceed the scope of Services contemplated in the applicable Project Order, or VENDOR otherwise reasonably considers them to require a major modification of Work or Deliverables already done, VENDOR shall notify the SPJA and the parties shall make good faith efforts to agree upon the terms of a change order.  If they cannot agree, then SPJA may terminate a Project Order or this Master VSA pursuant to the termination for cause provisions of this Schedule A.
  5. OWNERSHIP OF RESULTS AND INTELLECTUAL PROPERTY. Except to the extent expressly transferred, licensed, or limited in writing separately:
    •  (a) VENDOR’S WORK & DELIVERABLES. VENDOR retains all of its rights, title, and interest in and to its Intellectual Property, such as its trademarks (“VENDOR’s Intellectual Property”) and to its Work, as distinguished from its Deliverables hereunder.  As to the Deliverables, and except to the extent expressly reserved or licensed back to VENDOR in writing, and upon payment in full of all sums due and owing to VENDOR under the applicable Project Orders, SPJA shall own and VENDOR hereby assigns and transfers all and exclusive right, title, and interest in and to Deliverables delivered to SPJA by VENDOR, including copyrights, domain names, trademarks, and all Intellectual Property Rights in the Deliverables, throughout the world, including exclusive rights to make derivative works.  To the extent possible under law, VENDOR’s Deliverables shall be deemed to be Works Made For Hire under the Copyright Act of 1976, 17 U.S.C. 101 et seq. and international copyright treaties.  VENDOR shall secure all rights needed from third parties whose Intellectual Property is included in VENDOR’s Deliverables in order for SPJA to own and exercise all rights, title and interest granted herein, unless specified otherwise in a Project Order.  SPJA has no obligation to use any Deliverable, and may use any part of any Deliverable, without obligation to use the entire Deliverable.
    • (b) SPJA’S WORK & DERIVATIVES. SPJA retains all of its rights, title, and interest in and to its Intellectual Property including but not limited to SPJA’s Marks, its Work, and derivatives thereof.  All Third Party' Intellectual Property provided to VENDOR by SPJA is reserved to such third parties unless set out separately in writing.  SPJA makes no representations or warranties concerning Third Parties’ Intellectual Property.
  1. CREDITS. VENDOR and SPJA each may use the other’s name and logo to: i) identify the other as a collaborator; ii) describe the collaboration on each’s website, in grant proposals, and otherwise in mutually agreeable language (or derivatives thereof), iii) to demonstrate each’s accomplishments; and iv) as may be agreed upon in writing by the Parties, provided that such identifying credit is consistent with SPJA’s nonprofit purposes and mission.  For example, but without limitation, SPJA’s name may not be used to endorse candidates or legislation.  Otherwise, neither Party shall publish or use the other Party’s names, logos, or other Intellectual Property without express written consent.
  2. PHOTOGRAPHS AND GRANT OF RIGHTS. VENDOR for itself and those working on its behalf in connection with the provision of Services or Deliverables hereunder grants SPJA the right to create photographs, video, digital, audio, or other recordings (“SPJA Recordings”) of them and the right to reproduce, display, distribute, perform, digitize, transmit, broadcast and otherwise use the SPJA Recordings in any and all media and manners now known or hereafter discovered throughout the world in perpetuity, in whole or in part, modified or altered, either by themselves, or in combination with other photographs, recordings or materials, without payment of royalties, license fees, or any other compensation in addition to that paid pursuant to this Master VSA or a Project Order.  Vendor shall obtain all necessary third party clearances and agreements for Intellectual Property related to the Appearances and the rights granted to SPJA herein. Failure to do so constitutes a material breach of this Agreement
  3. LIVE SIMULCASTS.  VENDOR for itself and those working on its behalf in connection with the provision of Services or Deliverables hereunder grants SPJA the exclusive right to produce, record, and exploit VENDOR’s appearances at the Show (the “Appearances”) as follows without payment to VENDOR: (a) the Appearances may be simulcast “live” at the Show; and (b) the Appearances may be simulcast “live” by means of radio (terrestrial and digital radio), television, the internet, and wireless/mobile systems or similar live streaming internet platforms, and all related services, software applications and networks that allow for the authorized streaming and distribution of video content over the internet (but not for downloads by the end viewer) (“Live Simulcasts”). Specifically, but without limitation, VENDOR grants SPJA the right to “Live Simulcast” the Appearances by means of Twitch (available at the URL http://www.twitch.tv) or similar internet platforms, networks, or software. SPJA will provide advance written notice to VENDOR if any of VENDOR’s Appearances will be Live Simulcast. The parties agree that such Live Simulcasts are included among the permitted SPJA Recordings.  Notwithstanding any restrictions in this Agreement, the grant of rights for Live Simulcast includes the right for SPJA to receive any and all revenues earned from such Live Simulcasts, including but not limited to behind-pay-wall ticket sales, license fees, shares of commercial advertising, promotions, donations, and purchases made during the Live Simulcast, if any.
  4. MUTUAL CONFIDENTIALITY. Each Party may be exposed to certain Confidential Information of the other in the course of performance of the Services.  The term “Confidential Information” means any and all information that is disclosed to one Party (“Recipient”) by the other Party (“Discloser”), in any form, concerning the Discloser’s operations, techniques, procedures, methods, permits, security, facilities, funding, sponsors, participation, products, contacts, contact lists, business plans, and the personal lives of Discloser’s employees, staff, directors, or associates, whether or not marked “Confidential.”  Confidential Information does not include information that (a) is already public information or already known by the Recipient at the time of disclosure; (b) is independently developed by the Recipient; (c) is acquired by the Recipient from a third party whom is not, to the Recipient’s knowledge, under any obligation not to disclose such information, (d) which becomes public through no breach by the Recipient of this Agreement; or (e) is information that the Discloser includes in materials approved by the Discloser for public distribution.  Nothing herein precludes either Party from continuing to use its own Confidential Information after disclosure.  Subject to the Nonprofit Public Disclosure obligations and whistleblower notice set out below, each Party agrees that it will not disclose to any Third Party, except its accountant, or attorney or pursuant to a subpoena, any Confidential Information of the other without prior written consent.  Each Party agrees that it will not make any statements to the press or media for, on behalf of, or about the other without prior written approval.  Upon written request, VENDOR shall have its personnel who are directly involved in performing Services under the Agreement sign a confidentiality agreement mutually agreeable to SPJA and VENDOR.  Important Notice: A new law, the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1833(b) (the “DTSA”), provides some protections to whistleblowers who confidentially disclose a trade secret to their Attorney, a government official, or in a court filing made under seal. While not a contractual obligation, you are urged to familiarize yourself with the provisions of the DTSA to determine if any disclosure you intend to make qualifies for such protection, or for protection under other applicable whistleblower laws.
  5. NONPROFIT PUBLIC DISCLOSURES. Because it is a non-profit, SPJA may be required to disclose its financial information, contracts, highly-compensated contractors, employees, and other information in public tax filings and returns, and otherwise in accord with “sunshine” or other disclosure laws, regulations, and requirements (“Nonprofit Public Disclosure Obligations”).  VENDOR agrees that SPJA shall not be in breach of this Master VSA and shall have no liability for disclosures made in compliance with law, rules, regulations, grants, or other public funding requirements.
  6. NON-COMPETITION.
    • (a) VENDOR agrees not to use SPJA’s Confidential Information or Intellectual Property to compete with SPJA, and that it will not sell, lease, license, transfer, market, or develop, or cause to be sold, leased, licensed, transferred, marketed, or developed, SPJA’s Confidential Information or Intellectual Property except as directly required and expressly permitted to fulfill VENDOR’s performance obligations to SPJA. VENDOR agrees not to establish, produce, market, or cause to be established, produced or marketed any business that is reasonably considered to be in competition with SPJA in [Los Angeles, California], or other primary geographical location in or to which VENDOR provided services to SPJA.  VENDOR may not copy or take for VENDOR’s separate use any non-public spreadsheet, email, or database of SPJA without written permission from SPJA.
    • (b) If the provisions contained herein are deemed to exceed the time or geographic limits or any other limits imposed by applicable law in any jurisdiction, then such provision shall be deemed reformed in such jurisdiction to the maximum extent permitted by applicable law.
  1. INSURANCE. Unless agreed otherwise in writing, VENDOR shall maintain at its own expense the following minimum insurance coverage for the duration of the Master VSA and all Project Orders, and as long as reasonably necessary thereafter to adequately cover the obligations set out in the Master VSA and Project Orders:  1) general commercial liability (“GCL”) in amounts not less than $2,000,000.00 per claim and $4,000,000.00 aggregate, and may provide an Umbrella Policy in addition to the GCL policy to reach those limits; 2) hired and owned vehicle insurance, including Med-Pay coverage, in the same amounts to cover all vehicles used by VENDOR in connection with the Master VSA; and 3) workers’ compensation insurance to cover all of VENDOR’s employees, if any; 4) errors and omissions insurance in the same amounts or higher, if mutually agreed; 5) for licensed professionals only, professional liability insurance in the same amounts, if VENDOR is providing professional licensed services to SPJA; and 6) media liability insurance, in the same amounts, if VENDOR is providing any media or publicity or marketing services to SPJA.  VENDOR shall provide to SPJA a Certificate of Insurance as proof of such insurance naming SPJA as an additional insured for the duration of the Master VSA or applicable Project Orders.
  2. LIABILITY AND INDEMNITY.
    • (a) VENDOR agrees to completely release and hold SPJA and its officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, successors, and assigns harmless from any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, and/or claims of every kind or nature, whether known or unknown, in law or equity, including employment claims and acts or omissions by third parties such as medical providers, arising from VENDOR’s engagement with SPJA. This release does not apply to acts of gross negligence or intentional, willful, or wanton misconduct on the part of SPJA.  VENDOR agrees to secure this release in writing from its personnel and others providing services or participating in activities connected with VENDOR’s provision of services hereunder of these dangers and before allowing them to participate in services, activities or events arising from or related to this Agreement or to perform Services hereunder.
    • (b) To the extent legally permissible, each Party shall indemnify, defend, and hold harmless the other Party and the other Party’s officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, successors, and assigns from and against any and all Third Party claims, damages and costs, including reasonable attorneys’ fees, arising out of or connected with the indemnifying Party’s acts, omissions, or performance of Services hereunder (“Indemnified Claims”), including but not limited to those for breach of a Third Party’s Intellectual Property Rights, claims by a Party’s employees or subcontractors against a Party, personal or property injury, or for payment owed to a Third Party by the Party whose indemnification is sought (the “Indemnifying Party”). A Party seeking indemnification shall provide the Indemnifying Party with reasonable notice, authority, and information to defend against such Indemnified Claims and will cooperate with the Indemnifying Party’s defense efforts.  The Party seeking indemnification may retain its own counsel to defend such Indemnified Claims at the Indemnifying Party’s expense if the Indemnifying Party fails to reasonably and timely respond to the tender of an Indemnified Claim for defense and indemnification.
    • (c) VENDOR acknowledges its obligation to obtain appropriate insurance coverage as set forth in the Insurance provision herein for its services, goods, activities, and participation in relation to SPJA. VENDOR shall also cause to be released of record any mechanics’ or materials suppliers’ liens encumbering SPJA’s or its clients’ property which arise out of VENDOR’s Services, Work, or Deliverables.
  1. RETURN OF RECORDS. VENDOR shall return to SPJA all materials that belong to or were disclosed by SPJA that are in VENDOR’s possession, custody, control (and all copies thereof).  VENDOR may retain a sample of VENDOR’s Deliverables for documentation of VENDOR’s experience and as licensed in the Master VSA.
  2. TERMINATION AND NOTICE TO CURE. The Agreement or a Project Order may be terminated as follows:
    • (a) TERMINATION FOR CAUSE.  The Master VSA or any Project Order may be terminated by either Party for “Cause” by written notice to the other Party if that Party fails to cure such Cause within ten (10) days of receipt of written notice specifying the Cause.  “Cause” shall mean: (i) the Parties’ inability to agree upon the terms of a change order; (ii) dishonesty or malfeasance in the performance of a Party’s duties under the Master VSA; (iii) the material breach of a Party’s obligations under the Master VSA or any Project Order, including but not limited to failure to deliver Deliverables on time, failure to make payments due, failure to cooperate with reasonable requests, or failure to comply with the confidentiality, non-competition, or performance standards hereunder; (iv) infliction of material injury to the reputation, business, or goodwill of the terminating Party or its Associates; or (v) dissolution, bankruptcy, or insolvency.  Additionally, SPJA may terminate the Master VSA or a Project Order for Cause at any time if it reasonably believes that VENDOR’s requests or requirements are inconsistent with SPJA’s nonprofit mission.
    • (b) FOR ANY REASON.  Any Project Order may be terminated without cause and for any reason upon ten (10) days’ written notice, but neither the Master VSA nor a Project Order may be terminated without Cause within thirty (30) days of a scheduled SPJA event that is the subject of a Project Order.
    • (c) UPON TERMINATION.  Upon Termination of the Master VSA or a Project Order, SPJA shall make payments of reasonable fees and pre-approved expenses that have been accrued by and are due to VENDOR under the Master VSA and all of its Project Orders, or the terminated Project Order(s) as of the date of Termination.
  1. DISPUTE RESOLUTION. The Parties agree to meet and confer in good faith to attempt to resolve any dispute arising out of or related to the Master VSA.  Any dispute that is not resolved within forty-five (45) days and that exceeds the jurisdictional limits of small claims court shall be submitted to binding arbitration in Los Angeles, CA before JAMS under JAMS arbitration rules.  The arbitration shall be held with only one mutually agreeable arbitrator, or, if one cannot be found, under the rules of JAMS for choosing an arbitrator. The arbitrator may order limited discovery in accord with JAMS' Recommended Arbitration Discovery Protocols and JAMS' Comprehensive Arbitration Rule 17 (or any amendment thereof).  The arbitrator may not revise or alter the terms of the Master VSA. The arbitrator shall be empowered to grant preliminary and permanent equitable relief in addition to awarding damages.  Each Party shall have the right to be represented by counsel at arbitration, and the prevailing Party in any arbitration or lawsuit shall be entitled to recover its reasonable attorneys’ fees and costs.  The Parties agree to abide by all decisions and awards rendered in the arbitration, and the arbitrator’s decisions and awards, including any decision about which Party shall pay costs and/or attorneys’ fees, shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection.  Any small claims action must be brought in the Superior Court of Los Angeles., California. Notwithstanding the above, if either Party determines in good faith that injunctive relief is needed, it may seek such injunctive relief in any state or federal court.
  2. FORCE MAJEURE. Neither Party shall be liable for a delay in its events, projects, activities, installations, or performance of its obligations under this Master VSA due to causes beyond its control, including, without limitation, weather, natural disaster, unavailability of energy, telecommunication, utility, internet, or other transmission services, war, riot, labor difficulties, supplier or carrier failures, national, regional, or local emergency, vandalism, explosion, federal, state or municipal law, order, regulation, or request, damage or destruction of the facilities or locations where performance is required, denial of permits or permissions required for performance, or any other causes, contingencies, or circumstances anywhere in the World which prevent or make that Party’s performance under this Master VSA or Project Order impracticable or impossible (a “Force Majeure Event”).  If a Force Majeure Event occurs, the non-performing Party shall not be deemed to have breached this Master VSA or applicable Project Order.  Further, in the event that a Party is unable to meet its obligations because of such Force Majeure Event and that Party’s events, projects or activities are cancelled, the non-performing Party shall have no obligation to reschedule or refund fees paid hereunder.
  3. NON-DISCRIMINATION. VENDOR represents and warrants that it does not discriminate in hiring, employment, participation or services rendered on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, height, weight, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status) or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by it.
  4. ANTI-CORRUPTION LAWS. VENDOR acknowledges and confirms understanding of the applicable Anti-Corruption Laws. Neither VENDOR nor its officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, public officials, successors, or assigns will, directly or indirectly, pay, promise or offer to pay, or authorize the payment of, any money or give any promise or offer to give, or authorize the giving of anything of value, to a public official or entity for purposes of obtaining or retaining business for or with, or directing business to, any person, including, without limitation, the SPJA, by (i) influencing any official act, decision or omission; (ii) inducing such public official or entity to do or omit to do any act in violation of their lawful duty (iii) securing any improper advantage; or (iv) inducing such public official or entity to affect or influence any act or decision of another public official or entity. VENDOR agrees that the SPJA has the right to audit books and records related to the Master VSA. Notwithstanding any other provision contained herein, the SPJA may immediately terminate the Master VSA with no obligation to reimburse any expense incurred or pay for any service performed by VENDOR if, in the SPJA’S reasonable opinion, (i) VENDOR has failed to provide adequate documentation or information regarding an expense or service, or (ii) an expense reimbursement or service payment would cause a violation of any Anti-Corruption Law.
  5. EXPORT CONTROL LAWS. VENDOR acknowledges and confirms understanding of the applicable Export Control Laws. Neither VENDOR nor any of its officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, public officials, successors, or assigns will, directly or indirectly, violate Export Control Laws in the course of the performance under the Master VSA or any Project Order.
  6. PERSONAL INFORMATION.
    • (a) VENDOR acknowledges and agrees that, in the course of providing the Services VENDOR may come into possession of Personal Information about buyers and prospective buyers of registrations, tickets, reservations, merchandise or other goods and services related to SPJA events. If processing credit cards is part of the Services that VENDOR offers to SPJA, VENDOR agrees that Cardholder Data is Personal Information. “Cardholder Data” shall have the meaning given to it by the Payment Card Industry Data Security Standard then applicable to VENDOR (“PCI DSS”).
    • (b) VENDOR agrees to treat Personal Information gathered by or provided to VENDOR in accordance with all applicable privacy and other laws. In addition, VENDOR shall treat Cardholder Data in accordance with PCI DSS.
  7. PCI COMPLIANCE & DATA SECURITY. If information technology is part of the Services that VENDOR offers to SPJA or if VENDOR collects Cardholder Data using any of VENDOR’S terminals, devices, or websites, VENDOR represents and warrants that:
    • (a) VENDOR has implemented and maintains an information security program that contains administrative, technical, and physical safeguards that are commercially reasonable in light of its company’s size and complexity, the nature and scope of its activities and the services VENDOR is providing to SPJA, and the sensitivity of any information at issue, including Cardholder Data.
    • (b) As of and during the term of the Master VSA and any applicable Project Order, VENDOR has complied with all applicable requirements to be considered PCI DSS compliant, and has performed the necessary steps to validate its compliance with PCI DSS. VENDOR will supply the current status of its PCI DSS compliance and evidence of its most recent validation of compliance not more frequently than twice yearly upon SPJA request and shall notify SPJA of any change in compliance status. In all other cases, VENDOR will notify SPJA within 5 business days.
    • (c) For purposes of this section, "Sensitive Personal Data" shall mean Personal Information or Cardholder Data for which applicable law requires notice of inadvertent disclosure or access to the applicable buyer. In the event that there is a suspected or confirmed security incident that could reasonably be expected to lead to VENDOR’S inadvertent disclosure of Sensitive Personal Data, VENDOR shall report such security incident within 2 business days to SPJA.  VENDOR shall make such reports to (714) 937-2994 and by email to: chiang@spja.org and legal@spja.org. Upon request, VENDOR shall cooperate with SPJA in providing such additional information as SPJA may reasonably request about the incident, its causes, and its results.
    • (d) In the event of a suspected or confirmed security incident described in subsection (c) above, VENDOR shall take all steps as it determines to be required by applicable laws, including with respect to notifying affected buyers and will use commercially reasonable efforts to discuss the nature of its response, including the form and content of any such notices with SPJA prior to the sending thereof.
    • (e) In the event of a suspected or confirmed security incident not covered by subsection (c) above where VENDOR elects to provide notice (i.e., where not required by applicable law) to affected Cardholders, VENDOR shall first give SPJA notice of such action and shall use commercially reasonable efforts to discuss the form and content of such notices with SPJA prior to the sending thereof.
  8. YOUTH PROTECTION POLICY. The provisions of the Master Vendor Services Agreement concerning SPJA’s Youth Protection Policy supersede and control this Schedule A.
  9. RFID TECHNOLOGY. SPJA may use RFID technology for attendees at the Event. Vendor may not alter or ask an attendee to alter any RFID equipment, or use RFID equipment in violation of FCC rules. NEITHER SPJA OR EVENTBRITE WILL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO USE OF THE RFID EQUIPMENT IN VIOLATION OF THE FCC RULES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
  10. ADDITIONAL TERMS.
    • (a) SURVIVAL. The following Sections shall survive termination of this Master VSA:
·  Section 1 (Definitions) ·  Section 10 (Nonprofit Disclosures)
·  Section 3 (Taxes) ·  Section 11 (Non-Competition)
·  Section 5 (Ownership) ·  Section 13 (Liability & Indemnity)
·  Section 6 (Credits) ·  Section 14 (Return of Records)
·  Section 7 (Photos) ·  Section 16 (Dispute Resolution)
·  Section 8 (Simulcast) ·  Section 24 (Additional Terms)
·  Section 9 (Confidentiality)  

 

  • (b) GENERAL TERMS. This Agreement constitutes the entire agreement between the Parties and supersedes any and all prior agreements between the Parties relating to this subject matter, whether written or oral, and may be amended only by a later writing signed by both Parties.  No Party has relied upon any promise, representation or warranty, other than those contained herein in executing this Master VSA.  No waiver or amendment, including those made by custom, usage of trade, course of dealing, or failure of either Party to exercise any right provided for herein, will be effective unless in writing and shall not be deemed a waiver of any other breach or right hereunder.  This Agreement shall be construed using the intellectual property laws of the United States, and the laws of the State of California, except as they apply to conflicts of law.  The Parties consent to the jurisdiction of any federal or state court within Los Angeles, California.  The language in all parts of this Master VSA shall be construed as a whole in accord with its fair meaning, not for or against any Party, and without regard to any statutes which provide for the language of an agreement to be construed against the drafter.  If any provision of this Master VSA is determined to be invalid or unenforceable, this Master VSA shall remain in effect, and the offending provision shall be modified to the extent required to make the provision valid or enforceable, or if that is not possible, then that provision shall be stricken and other provisions shall remain in effect.  Paragraph headings used herein are for convenience only and shall not affect the interpretation nor be deemed to be a part of this Master VSA.  This Agreement may not be subcontracted, assigned or transferred by VENDOR to any other person, firm, corporation, or entity without SPJA’S prior written consent; otherwise, this Master VSA shall bind and be for the benefit of the Parties and their heirs, fiduciaries, successors and permitted assigns.  Correspondence will be to the Parties at the addresses on the front page of this Master VSA, or to such other places that the Parties designate from time to time in writing.  The person signing this Schedule A, the Master VSA, and any Project Order represents and warrants that s/he has the authority to sign and bind any company on whose behalf s/he purports to sign.  This Schedule A, the Master VSA, and any Project Order may be signed in counterparts, which together shall constitute one contract.  Faxed or scanned signatures shall be construed to be as valid as originals.

 

 

Entertainment Hall Interactive Exhibitor

ANIME EXPO® SCHEDULE A: STANDARD TERMS AND CONDITIONS:

2018 ENTERTAINMENT HALL INTERACTIVE EXHIBITORS AND SPONSORS

  1. Defined Terms. By contracting to rent an exhibit booth space or an EMO at Anime Expo® (“AX”) and providing an interactive demonstration in the Entertainment Hall 2018, you agree to abide by these Standard Terms and Conditions (the “Standard Terms”). The "Event" means Anime Expo®, currently scheduled July 4-July 8, 2018 ("Event Dates") at the Los Angeles Convention Center ("Show Facility"). The Event is owned, produced, and managed by The Society for the Promotion of Japanese Animation ("SPJA"). "SPJA" means SPJA and its authorized representatives. "Exhibitor/Sponsor" means: (i) the exhibitor and/or sponsor, (ii) the exhibitor’s or sponsor’s company, (iii) those staffing the exhibitor’s/sponsor’s booth or otherwise acting as exhibitor’s or sponsor’s representative or agent concerning the Event; (iv) any other entity or person that applied for exhibit space rental or an EMO and signed this contract for exhibitor and/or sponsor; and (v) each of exhibitor’s and/or sponsor’s owners, officers, directors, members, shareholders, employees, contractors, agents, representatives, and invitees. Exhibitor Services Manual (“ESM”) are rules and regulations for Exhibitors. “Minor” means a person under 18 years old. Exhibitors are fully responsible for verifying minor’s age.

 

  1. Youth Protection Policy. (a) All personnel who will be present at the Event on Exhibitor/Sponsor’s behalf must read SPJA’s Youth Protection Policy (“YPP”), and all such personnel are strongly encouraged to view the YPP training videos. Both the Youth Protection Policy and the YPP training videos are at: www.YouthProtectionPortal.org/SPJA. (b) Although not required, Exhibitor/Sponsor is strongly encouraged to conduct criminal background checks on all personnel who will be present at the Event on Exhibitor/Sponsor’s behalf. No one who is disqualified under YPP Section 5, “Disqualifying Criteria”, may attend the Event.

 

  1. Contract Acceptance & Remedies. This contract shall become binding and effective when fully executed by both Exhibitor/Sponsor and SPJA. If Exhibitor/Sponsor violates this Agreement, the Standard Terms, the Youth Protection Policy, or if Exhibitor violates any of the Exhibitor Services Manual, SPJA may, in its sole discretion and without limiting any of its other remedies, close an exhibit, remove an EMO, withdraw acceptance of this Agreement, or refuse to permit the Exhibitor/Sponsor to participate in future events.

 

  1. Qualifications of Exhibitor/Sponsor. SPJA, in its sole discretion, has the right to determine whether a prospective Exhibitor/Sponsor is eligible to participate in the Event. All applicants may be required to submit additional information about their business and items that they intend to exhibit. SPJA’s countersignature on the Exhibit/Sponsor application means that the Exhibitor/Sponsor has been deemed eligible to participate.

 

  1. Payment Terms. (a) Exhibitor/Sponsor must pay one hundred percent (100%) of the total exhibit or EMO fee immediately upon signing this application; (b) Checks shall be payable to SPJA. Please note in the memo “AX 2018 Exhibit Hall/EMO”. All fees paid are non-refundable and non-transferable, except as set forth in Section 31 (Cancellation).

 

  1. Exhibitor/Sponsor’s Failure to Pay.  (a) If Exhibitor/Sponsor fails to make any payment required by that payment’s deadline, SPJA may terminate the Agreement and Exhibitor’s participation in the Event immediately without further notice and without any obligation to refund monies previously paid; the booth space shall revert back to SPJA and the Exhibitor/Sponsor shall remain liable for the full payment for the Exhibit or EMO; (b) Applications will not be accepted unless an Exhibitor/Sponsor has complied with all past financial obligations to date with respect to SPJA; (c) SPJA reserves the right at its discretion to refuse Exhibitor/Sponsor permission to move in and set up an exhibit or EMO if any payment due to SPJA is in arrears; (d) SPJA may, but has no obligation to occupy or dispose of any space vacated or made available by reason of action authorized by this Agreement, without releasing Exhibitor/Sponsor from any liability hereunder; (e) Releasees reserve the right to enforce their rights under this Agreement, including but not limited to their indemnification rights.

 

  1. Rights of Offset; Enforcement. SPJA may apply refunds due to Exhibitor/Sponsor under this contract, if any, to offset any other debt or obligation that Exhibitor/Sponsor owes to SPJA, whether or not such indebtedness arises from this Agreement.

 

  1. Assignment of Exhibit/EMO Space. SPJA has the sole discretion to assign Event exhibit and EMO space. Such assignment does not imply that similar space will be assigned for future events. SPJA reserves the absolute right to change the floor plan or to move an Exhibitor/Sponsor to another location prior to or during the Event. However, a fully paid EMO shall be installed at the location designated on the EMO Agreement unless Sponsor agrees to such relocation, unless relocation is required to protect the safety or security at the Event.

 

  1. Exhibit Space Occupancy. SPJA has sole discretion to designate hours and dates for installing, occupying, and dismantling exhibits and EMOs. If Exhibitor fails to install its display in its assigned space by one hour before the Event opens or leaves its space unattended during the Event hours, SPJA shall have the right to take possession of the space and no refund will be due to Exhibitor/Sponsor. Exhibitor/Sponsor may not dismantle any booth or display until the Event is officially closed by SPJA.  If additional labor hours or overtime, are required for installation and/or removal of the exhibit, then Exhibitor shall pay such charges within thirty (30) days of the Event as billed. Nothing in this Section shall limit SPJA’s rights under Section 31 (Cancellation by Exhibitor/Sponsor).

 

  1. Exhibitor/Sponsor Badges. Exhibitor/Sponsor shall receive complimentary badges as set out in the Exhibitor or Sponsor/EMO Application as accepted by SPJA. No parking vouchers or passes are available.

 

  1. Exhibitor Kit; Exhibitor Services Manual. Before the Event, SPJA will send an Exhibitor’s Kit to the Exhibitor Contact listed on the first page of the Agreement. If Exhibitor does not receive an Exhibitor’s Kit by May 31 before the Event, Exhibitor is solely responsible for requesting one. The “Exhibitor’s Kit” will include information essential to participation in the Event, including but not limited to Exhibitor Services Manual, official contractor order forms, registration, shipping and drayage, utilities and building services, exhibitor display rules, and move-in/move-out schedules. SPJA may amend, revoke, or adopt Exhibitor Services Manual from time-to-time, upon three (3) hours’ notice to Exhibitor, or without notice if the Exhibit Facility changes its rules and regulations without advance notice to SPJA. Exhibitor Services Manual (whether or not included in an Exhibitor’s Kit) are incorporated here fully by reference. Exhibitor agrees that all information containing terms and conditions provided to Exhibitor by SPJA shall be deemed fully read and understood by Exhibitor and that Exhibitor shall thereby be bound.

 

  1. Conduct at Event. Exhibitor/Sponsor shall conduct itself at all times in accord with normal standards of decorum and good taste at an event open to minors. All exhibits shall display products or services in a tasteful manner as determined in SPJA’s sole discretion. Live animals, nudity, partial nudity, carnival-type attraction, and gambling are prohibited. Advertising distributions must be made only from within an Exhibit booth or EMO. The aisles, passageways, and overhead spaces remain strictly under control of SPJA. No signs, decorations, banners, advertising material, or special exhibits will be permitted in any of these spaces except by special written permission of SPJA. Those staffing the Exhibitor’s booth or otherwise acting as its representative or agent with regard to the Event must remain within the Exhibitor’s booth while working. Exhibitor’s displays must be arranged so that booth visitors do not block aisles. Entertainment or advertisements outside of an Exhibitor's booth or EMO are prohibited.

 

  1. Sound Policy & Excessive Noise. Controlled mechanical reproduction of sound or music is permitted. Sound must not be projected outside the exhibit booth or EMO. SPJA has the sole discretion to determine acceptable noise levels, with a maximum noise level of 85 decibels.  Exhibitor/Sponsors are prohibited from operating noise-creating devices such as but not limited to bells, horns, or megaphones, and shall pay the costs of removal of such items. Exhibitor/Sponsor shall comply with any request by SPJA, the Exhibit Facility, or the City to discontinue any such sound or music. If SPJA, in its sole discretion, finds Exhibitor/Sponsor in violation of this sound policy, SPJA may: (a) on first violation, give Exhibitor/Sponsor a written warning; (b) if a second violation occurs, disconnect Exhibitor/Sponsor’s power for the remainder of the Event, and Exhibitor/Sponsor shall not be entitled to any refund or reimbursement whatsoever. If the SPJA has disconnected the Exhibitor/Sponsor’s power for a sound violation at a prior event, SPJA may immediately disconnect the Exhibitor/Sponsor’s power for the remainder of the Event upon the Exhibitor/Sponsor’s first sound violation. SPJA may, at its sole discretion, require separate, binding agreements with sound policy violators to review and approve sound policy, violators’ exhibit space design, and other related issues before sound policy violators are permitted to book space in future events.

 

  1. Fire and Safety Laws. Exhibitor/Sponsor shall comply with all federal, state, and local fire and safety laws at all times. Exhibitor/Sponsor is solely responsible for ensuring its compliance with such laws.

 

  1. Anti-Piracy / Grey Market Goods. Sale, distribution, or display of “Infringing Content” is strictly prohibited at the Event. “Infringing Content” is material that violates any copyright, trademark, patent, trade secret, privacy or publicity rights, or is defamatory to or violates the privacy, of any person or entity, such as but not limited to pirated, grey market, unlicensed, or bootlegged products, merchandise, costumes, characters or art work. Exhibitor/Sponsor represents and warrants that its exhibit booth and/or EMO shall not contain, display, sell, distribute or make available any Infringing Content, and that the Exhibitor/Sponsor shall not play or permit the playing or performance of, or distribution of any copyrighted material at the Event unless it has paid all required royalties, fees, or other payments and has obtained all necessary licenses in writing. SPJA may require Exhibitor/Sponsor to produce Exhibitor/Sponsor’s written license or authorization to display, reproduce or distribute materials in Exhibitor/Sponsor’s booth, and Exhibitor/Sponsor shall keep such written licenses and authorizations in the booth at all times. If such authorization is not produced upon SPJA’s request, SPJA may, without further warning and without incurring any liability whatsoever, require Exhibitor/Sponsor to remove it from the premises, eject the Exhibitor/Sponsor from the Event, and/or disqualify Exhibitor/Sponsor from participating in future Events. SPJA shall not be liable for any Infringing Content, or failure to discover or remove such content.

 

  1. Weapons and Adult Material. No firearms may be sold at the Event. Exhibitor/Sponsor shall ensure that no weapons or adult material will be displayed, offered, or sold to or handled by a Minor. Exhibitor/Sponsors may only sell weapons that are in a box sealed in a manner approved by the SPJA.  Exhibitor/Sponsor shall comply fully with all municipal codes and federal and California laws, regulations, and licensing requirements applicable to the sale of weapons, including generally prohibited weapons laws. Adult materials must be draped or otherwise not visible or accessible to Minors. SPJA has the sole discretion to determine whether adult materials are properly concealed from Minors, and may require Exhibitor/Sponsor to further conceal adult materials, or to separate the exhibition of adult materials from the general exhibition space.  SPJA may require that Exhibitor/Sponsor immediately remove all weapons or adult materials from the premises. All Exhibitor/Sponsors displaying or selling weapons or adult material must display signage approved by the SPJA that specifies all the requirements for purchase of weapons or adult materials. The sign must be approved by the SPJA prior to the Event and the sign must be visible at all times during the Event. If a sign is not on display, the SPJA may, in its sole discretion, provide the Exhibitor/Sponsor with a sign for which the Exhibitor/Sponsor must immediately pay the SPJA. The SPJA may require the immediate removal of any Exhibitor/Sponsor that fails to comply with this Section. If SPJA removes or restricts an exhibit that SPJA considers to be objectionable or inappropriate, no refund will be due to Exhibitor/Sponsor.

 

  1. Credit Card Acceptance. In the event Exhibitor/Sponsor accepts credit cards for payment in the Exhibit Hall (“Credit Card Taker”), Credit Card Taker will, in the course of such credit card payment services, come into possession of Personal Information of individuals who pay with credit cards (“Cardholder(s)”). “Personal Information” means information that identifies or can be used, alone or in combination with other information to identify an individual.  “Cardholder Data” shall have the meaning given to it by the Payment Card Industry Data Security Standard then applicable to the credit card industry (“PCI DSS”).  Credit Card Taker agrees to treat Personal Information of Cardholders gathered by it or provided to it in accordance with all applicable laws and to treat Cardholder Data in accordance with PCI DSS.  Credit Card Taker agrees that pursuant to PCI DSS and the requirements of the credit card associations, it shall not transfer or make available Cardholder Data to any unauthorized third parties.  Nothing herein limits Credit Card Taker’s use of Personal Information (and other information) relating to Cardholders for any lawful purpose, provided, that Credit Card Taker agrees not to sell such Personal Information to third parties.  In the event that there is a suspected or confirmed security incident that could reasonably be expected to lead to the inadvertent disclosure from Exhibitor/Sponsor of Sensitive Personal Data relating to Cardholders, Credit Card Taker shall report such security incident within 2 business days by email to SPJA at ray.chiang@spja.org, finance@spja.org, and legal@spja.org. Upon request, Credit Card Taker shall cooperate with SPJA in providing such additional information as SPJA may reasonably request about the incident, its causes, and its results.  "Sensitive Personal Data" shall mean Personal Information or Cardholder Data for which applicable law requires notice of inadvertent disclosure or access to the applicable Cardholder. In the event of a suspected or confirmed security incident, Credit Card Taker shall take all steps as it determines to be required by applicable laws, including with respect to notifying affected Cardholders and will use commercially reasonable efforts to discuss the nature of its response, including the form and content of any such notices with SPJA prior to the sending thereof.  Nothing herein shall be construed to mean that SPJA is liable or responsible in any way for Exhibitor/Sponsor failing to be in compliance with this section or any other PCI-compliance.

 

  1. Listings & Promotional Materials. Exhibitor/Sponsor expressly grants to SPJA a fully paid, perpetual nonexclusive license to display, reproduce, and distribute company and product information, names, logos, trademarks, copyrighted materials, voices, and likenesses provided by Exhibitor/Sponsor to SPJA in any Event directory and promotional materials. SPJA will not be liable for any errors in any listing or descriptions or for omitting any Exhibitor/Sponsor from any such directory or promotional material. Exhibitor/Sponsor gives SPJA permission to take still photographs and moving sound and audiovisual recordings of Exhibitor's booth space, EMO, exhibit and personnel during and after the open hours of the Event in any manner or medium now known or later discovered (the “SPJA Recordings”). SPJA shall own the copyrights in the SPJA Recordings (including any extensions and renewals thereof) throughout the world, in perpetuity.

 

  1. Live Simulcasts. The Exhibitor grants SPJA the exclusive right to produce, record, and exploit the Exhibitor’s appearances at the Show (the “Appearances”) as follows without payment to the Exhibitor: (a) the Appearances may be simulcast “live” at the Show; and (b) the Appearances may be simulcast “live” by means of radio (terrestrial and digital radio), television, the internet, and wireless/mobile systems or similar live streaming internet platforms, and all related services, software applications and networks that allow for the authorized streaming and distribution of video content over the internet (but not for downloads by the end viewer) (“Live Simulcasts”). Specifically, but without limitation, Exhibitor grants SPJA the right to “Live Simulcast” the Appearances by means of Twitch (available at the URL http://www.twitch.tv) or similar internet platforms, networks, or software.  SPJA will provide advance written notice to the Exhibitor if any of Exhibitor’s Appearances will be Live Simulcast. The parties agree that such Live Simulcasts are included among the permitted SPJA Recordings.  Notwithstanding any restrictions in this Agreement, the grant of rights for Live Simulcast includes the right for SPJA to receive any and all revenues earned from such Live Simulcasts, including but not limited to behind-pay-wall ticket sales, license fees, shares of commercial advertising, promotions, donations, and purchases made during the Live Simulcast, if any.

 

  1. Trademarks and Logos.  SPJA reserves all right, title, and interest in all SPJA trademarks and logos (the "Marks"), including but not limited to: ANIME EXPO; AX; SOCIETY FOR THE PROMOTION OF JAPANESE ANIMATION; SPJA; PROJECT ANIME; PA; LOUNGE 21, AX MASCOTS; any other trademarks or logos in which SPJA has or may obtain statutory or common law trademark rights, derivations thereof, and marks substantially similar thereto, whether or not such marks or logos are registered by SPJA. Exhibitor/Sponsor shall have no right to use the Show logo, trademark, service mark, or any other intellectual property rights of SPJA, and shall not reproduce SPJA’s Marks on products, merchandise, or commercially unless such rights are provided separately in writing.   Exhibitor/Sponsor shall neither directly or indirectly obtain nor attempt to obtain any right, title, or interest in or to SPJA's Marks, and hereby expressly waives any right that it may have to do so, without separate written permission of SPJA. Exhibitor/Sponsor may use the Marks only in the form, style, and type prescribed by SPJA.

 

  1. Care of Show Facility. Exhibitor/Sponsor shall promptly pay for any and all damages caused by Exhibitor/Sponsor to the Show Facility or associated facilities, booth equipment, or the property of others. Exhibitor/Sponsor agrees that no food or drink may be sold by Exhibitor/Sponsor in the Show Facility or otherwise. If Exhibitor/Sponsor is permitted by SPJA to give away free samples of food or drink, Exhibitor/Sponsor will be bound by and will follow the Show Facility’s, City regulations, and all applicable food handling and other laws with regard to such samples. SPJA reserves the right to cause Exhibitor/Sponsor to immediately cease all distribution of food and drink, even free samples, at SPJA’s sole discretion.

 

  1. Permits and Taxes.  Exhibitor/Sponsor shall obtain any licenses, permits, or approvals (“Permits”) under federal, state, or local law applicable to its activities at the Event at its sole expense. Sponsors who merely provide materials for display at or in connection with the Event and nothing more are not required to obtain Permits.   Exhibitor/Sponsor shall obtain any necessary tax identification numbers and permits and shall be solely responsible for paying all taxes, including but not limited to sales taxes, license fees, use fees, or other fees, charges, levies, or penalties that become due to any governmental authority in connection with its activities at the Event.

 

  1. Insurance.  Exhibitor/Sponsor shall obtain, and bear the expense of, adequate personal and property damage liability, Commercial General Liability, Worker’s Compensation, and Vehicle insurance coverage for its services, goods, activities, and participation in the Event, with “adequate” meaning reasonably related to the size, scope and nature of Exhibitor/Sponsor’s activities at the Event and materials provided to the SPJA for the Event, and the minimum coverage acceptable shall be not less than $1 million per occurrence/$2 million aggregate.  The Yen equivalent is acceptable.  Exhibitor/Sponsor will provide SPJA with a Certificate of Insurance at least sixty (60) days prior to the Event. Such insurance must name the SPJA and the Show Facility and its operators as additional insured, in accord with sample language available from SPJA. The insurance shall cover the full period of occupancy at the Show Facility by the Exhibitor/Sponsor, its agents, servants, representatives, employees, guests, and/or invitees.

 

  1. Exhibitor/Sponsor Risk Assumption. Exhibitor/Sponsor expressly assumes all risks and liabilities arising from or related to Exhibitor/Sponsor's participation, acts or omissions at the Event, including without limitation, all risks of harm or loss of any kind suffered by anyone attending, producing, organizing or affiliated with the Event, the Exhibit Facility, and the City of Los Angeles (the “City”), which risks include but are not limited to theft, harm, damage or injury to a person (including death), property, intellectual property, copyrights, trademarks, business, or profits, from whatever cause or source. Exhibitor/Sponsor is solely and exclusively responsible for its property and any theft, damage, or other loss to Exhibitor/Sponsor’s property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by an insurer). The SPJA, the Exhibit Facility, and the City of Los Angeles (collectively, the “Releasees”) have no responsibility or liability, nor is a bailment created, for property delivered by or to Exhibitor/Sponsor.

 

  1. Release and Indemnification.  Exhibitor/Sponsor hereby completely releases and shall indemnify, defend, discharge, and hold harmless the Releasees, individually and collectively, and their present and former officers, directors, shareholders, partners, members, affiliates, employees, agents, representatives, sponsors, funders, attendees, insurers, attorneys, and predecessors, assignees and successors of each of them, from any and all demands, damages, losses, liabilities, causes of action, lawsuits, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, attorneys' fees, and claims of every kind or nature, whether known or unknown, in law, equity, or otherwise that either may now have or have had or that may hereafter accrue, individually, collectively, or otherwise in connection with, relating to or arising from Exhibitor/Sponsor's participation in the Event. This Section applies to, without limitation: (a) any debt owed by Exhibitor/Sponsor or breach by Exhibitor/Sponsor of any agreements, covenants, promises or other obligations to third parties; (b) any matter for which Exhibitor/Sponsor is responsible under this Agreement; (c) any third party claim for infringement of any patent, copyright, trademark, trade secret, or other proprietary right; (d) any defamation or similar claim; and (e) harm or injury (including death) to any person or third party.  Exhibitor/Sponsor shall not settle or compromise any claims against any Releasee without that Releasee’s prior written consent.

 

  1. Waiver. Exhibitor/Sponsor acknowledges the possibility that, after signing this Agreement, it may discover facts or incur or suffer claims that were unknown or unsuspected at the time this Agreement was executed, and which if known by it at that time may have materially affected its decision to sign it. Exhibitor/Sponsor acknow- ledges and agrees that it is assuming any risk of such unknown facts and such unknown and unsuspected claims. Exhibitor/Sponsor has been advised of the existence of Section 1542 of the California Civil Code ("Section 1542"), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Notwithstanding such provisions, Exhibitor/Sponsor knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law, or rule of similar effect. This release does not apply to acts of gross negligence or intentional or willful misconduct on the part of the Releasees, to the fullest extent permitted by law.

 

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY RELEASEE BE LIABLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT IT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY LOST PROFITS OR DAMAGES. The maximum liability of any Releasee will not exceed the amount actually paid to SPJA by Exhibitor/Sponsor for exhibit space rental and an EMO under this Agreement. SPJA makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or any other matters.

 

  1. Independent Contractors. The parties are independent contractors, and are not and shall not be construed to be agents, joint venturers, or partners. Each party shall be solely responsible for compensating its own employees and contractors and for their benefits, if any. Neither party may enter into contracts or incur liabilities on behalf of the other. SPJA may establish reasonable standards of performance. Exhibitor/Sponsor shall provide Exhibitor/Sponsor’s own tools and equipment, unless SPJA has committed to provide services under the Sponsorship/EMO Agreement. Each party is responsible for conducting its own business.

 

  1. Compliance with Laws & Policies. Exhibitor/Sponsor shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations, and those of the Show Facility (including, without limitation, copyrights, trademarks, any union work rules, and PCI compliance). Exhibitor/ Sponsor and those attending the Event on Exhibitor/Sponsor’s behalf shall comply with SPJA Policies and Code of Conduct while at the Event.  Noncompliance may result in immediate removal of the Exhibitor/Sponsor.

 

  1. Export Control Laws. Exhibitor/Sponsor shall not violate or cause SPJA to be in violation of any Export Control Law.

 

  1. Cancellation by Exhibitor/Sponsor. Exhibitor/Sponsor may cancel participation in the Event at any time upon written notice to SPJA. SPJA must receive written notice of cancellation by email AND priority mail or overnight delivery by FedEx. If such notification is received before May 1, 2018 (theCancellation Deadline”), SPJA will retain fifty percent (50%) of the contracted amount as a cancellation fee and will return the remaining fifty percent (50%) to Exhibitor/Sponsor. If SPJA receives such notice on or after May 1, 2018, or if Exhibitor fails to staff its booth through the end of the Event or otherwise forfeits its booth for violating this contract, or if Sponsor fails to provide the materials required for its EMO on time, then one hundred percent (100%) of the contracted amount contracted for is due and non-refundable. On cancellations received after the Cancellation Deadline, SPJA may retain all payments already received, and the remaining balance due on the cancellation must be received by SPJA WITHIN 15 DAYS OF THE CANCELLATION, regardless of whether SPJA resells or reassigns canceled or forfeited exhibit space or EMOs.  SPJA reserves the right to resell or otherwise reassign canceled or forfeited exhibit space and EMOs.

 

  1. Restriction or Termination by SPJA. SPJA may restrict or remove any exhibit that SPJA, in its sole discretion, believes is objectionable, inappropriate or illegal. If SPJA restricts or removes such an exhibit or EMO, no refund will be due to Exhibitor/Sponsor. SPJA may also terminate this contract effective upon written notice of termination if Exhibitor/Sponsor (1) breaches any of its obligations under the contract or (2) is adjudicated as insolvent, declares bankruptcy, or files or has filed against it, any petition in bankruptcy, or fails to continue its business. In either of these cases, SPJA shall have no obligations, expressed or implied, to refund any payments previously made.

 

  1. Event Cancellation or Change. SPJA reserves the right to cancel, re-name or re-locate the Event, or change the dates on which it is held. If SPJA cancels the Event due to a Force Majeure event or for any other reason, or changes the Event dates to dates that are not within thirty (30) days of its originally scheduled date, and Exhibitor does not wish to participate in a rescheduled Event, SPJA shall refund Exhibitor/Sponsor for payments made to date, less any costs and expenses that SPJA incurred as of the cancellation, which shall be deemed full satisfaction of SPJA's liabilities to Exhibitor/Sponsor. If SPJA changes the name of the Event, relocates the Event to another facility, or changes the Event dates to dates that are within thirty (30) days of its originally scheduled date, no refund will be due to Exhibitor/Sponsor. SPJA is not required to cancel or relocate the Event, or make any refunds, if the Event Facility is under construction.

 

  1. Force Majeure. SPJA shall not be liable for any damages sustained from delay or non-performance due to events beyond its reasonable control, including, without limitation, acts of God, disaster, acts of war or terror, labor disputes, weather, earthquakes, fires, failure of utilities, government acts, curtailment of transportation halting or unreasonably delaying the Event, unavailability of the Facility, or other cause. Thereupon, this Agreement may be terminated or the Event may be moved to another appropriate location, at SPJA’s sole discretion, and Exhibitor/Sponsor hereby waives any claim for property or other damages or compensation.

 

  1. Non-Discrimination. Exhibitor/Sponsor represents and warrants that it does not discriminate in employment, hiring, participation, accommodations, or provision of services on any illegal grounds. Exhibitor/Sponsor shall construct its exhibits to comply with the Americans with Disabilities Act and related laws.

 

  1. Reporting Obligations. Exhibitor/Sponsor agrees that SPJA may be required to disclose financial information, contracts, information about salaries and other employee information, and other information to government agencies, in public federal and state tax returns, and elsewhere in accord with local, state, and federal "sunshine" or other disclosure laws and regulations that now or may in the future apply to SPJA as a nonprofit.

 

  1. RFID Technology. SPJA may use RFID technology for attendees at the Event. Exhibitor/Sponsor may not alter or ask an attendee to alter any RFID equipment, or use RFID equipment in violation of FCC rules. NEITHER SPJA OR EVENTBRITE WILL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO USE OF THE RFID EQUIPMENT IN VIOLATION OF THE FCC RULES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

 

  1. Governing Law. This Agreement is governed by the laws of California and U.S. intellectual property laws. Exhibitor/Sponsor agrees that the courts located in Los Angeles, California shall constitute the exclusive venue and forum for the resolution of any and all disputes arising from or related to this Agreement. If SPJA brings suit to enforce any of its rights hereunder, then Exhibitor/Sponsor shall reimburse SPJA for all fees and costs of the suit, including reasonable attorneys’ fees.

 

  1. Additional Terms and Conditions. Any matters pertaining to the Event and not specifically covered by the terms and conditions of this Agreement shall be subject to determination by SPJA in its sole discretion. This Agreement (including the Exhibitor Services Manual, the Exhibitor’s Kit, the Youth Protection Policy, and any schedules as amended from time to time) are the entire agreement of the parties on the subject matter hereof. Any amendment or modification to this contract must be in writing and signed by both parties. Exhibitor/Sponsor may not assign this contract or any right hereunder, or sublet or license all or any portion of its exhibit space without the SPJA’s prior written consent.

 

  1. Severability. If any term of this Agreement is declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. This Agreement (including the Exhibitor Services Manual, the Exhibitor’s Kit, the Youth Protection Policy, and any schedules) shall be binding upon Exhibitor/Sponsor’s heirs and successors, and constitutes the entire agreement between Exhibitor/Sponsor and SPJA. SPJA’s obligations are expressly conditioned upon Exhibitor/Sponsor’s full performance of this Agreement including, without limitation, payment and actual participation in the Event as an Exhibitor/Sponsor.

Exhibitor & Sponsor

ANIME EXPO®  2018 EXHIBITORS & SPONSORS SCHEDULE A: STANDARD TERMS AND CONDITIONS:

  1. Defined Terms. By contracting to rent an exhibit booth space or an EMO at Anime Expo® (“AX”) 2018, you agree to abide by these Standard Terms and Conditions (the “Standard Terms”). The "Event" means Anime Expo®, currently scheduled July 5 through July 8, 2018 ("Event Dates") at the Los AngelesConvention Center ("Event Facility"). The Event is owned, produced, and managed by The Society for the Promotion of Japanese Animation ("SPJA"). "SPJA" means SPJA and its authorized representatives. "Exhibitor/Sponsor" means: (i) the exhibitor and/or sponsor, (ii) the exhibitor’s or sponsor’s company, (iii) those staffing the Exhibitor’s/Sponsor’s booth or acting on Exhibitor’s/Sponsor’s behalf with regard to the Event; (iv) any other entity or person that applied for exhibit space rental or an EMO and signed this contract for exhibitor and/or sponsor; and (v) each of exhibitor’s and/or sponsor’s owners, officers, directors, members, shareholders, employees, contractors, agents, representatives, and invitees.” Exhibitor Service Manual” (“ESM”) are rules and regulations for Exhibitors. “Minor” means a person under 18 years old. Exhibitor/Sponsors are solely responsible for verifying age where applicable.
  2. Youth Protection Policy. (a) All personnel who will be present at the Event on Exhibitor/Sponsor’s behalf must read SPJA’s Youth Protection Policy (“YPP”), and all such personnel are strongly encouraged to view the YPP training videos. Both the Youth Protection Policy and the YPP training videos are at: http://www.youthprotectionportal.org/ (b) Although not required, Exhibitor/ Sponsor is strongly encouraged to conduct criminal background checks on all personnel who will be present at the Event on Exhibitor/Sponsor’s behalf. No one may attend the Event who is disqualified under YPP Section 5, “Disqualifying Criteria”.
  3. Contract Acceptance & Remedies. This contract shall become binding and effective when fully executed by both Exhibitor/ Sponsor and SPJA. If Exhibitor/Sponsor violates this Agreement, the Standard Terms, the Youth Protection Policy, or if Exhibitor violates any of the Exhibitor Services Manual, SPJA may, in its sole discretion and without limiting any of its other remedies, close an exhibit, remove an EMO, withdraw acceptance of this Agreement, or refuse to permit Exhibitor/ Sponsor to participate in future events.
  4. Qualifications of Exhibitor/Sponsor. SPJA, in its sole discretion, has the right to determine whether a prospective Exhibitor/Sponsor is eligible to participate in the Event. All applicants may be required to submit additional information about their business and items that they intend to exhibit. SPJA’s countersignature on the Exhibit/Sponsor application means that the Exhibitor/Sponsor has been deemed eligible to participate.
  5. Payment Terms. (a) Exhibitor must pay one hundred percent (100%) of the total exhibit fee immediately upon signing this application; (b) For all EMOs before June 1st, fifty percent (50%) of the total fee is due immediately upon signing and the remaining fifty percent (50%) is due no later than thirty (30) days after Sponsor’s receipt of confirmation of the EMO. After June 1st, one hundred percent (100%) of the total fee is due immediately upon signing. (c) Checks shall be payable to SPJA. Please note in the memo “AX 2018 Exhibit Hall/EMO”. All fees paid are non-refundable and non- transferable, except as set forth in Section 30 (Cancellation by Exhibitor/Sponsor).
  6. Exhibitor/Sponsor’s Failure to Pay. (a) If Exhibitor/Sponsor fails to make any payment required by that payment’s deadline, SPJA may terminate the Agreement and Exhibitor’s participation in the Event immediately without further notice and without any obligation to refund monies previously paid; the booth space shall revert back to SPJA and the Exhibitor/Sponsor shall remain liable for the full payment for the Exhibit or EMO; (b) Applications will not be accepted unless an Exhibitor/Sponsor has complied with all past financial obligations to date with respect to SPJA; (c) SPJA reserves the right at its discretion to refuse Exhibitor/ Sponsor permission to move in and set up an exhibit or EMO if any payment due to SPJA is in arrears; (d) SPJA may, but has no obligation to occupy or dispose of any space vacated or made available by reason of action authorized by this Agreement, without releasing Exhibitor/ Sponsor from any liability hereunder; (e) Releasees reserve the right to enforce their rights under this Agreement, including but not limited to their indemnification rights.
  7. Rights of Offset; Enforcement. SPJA may apply refunds due to Exhibitor/Sponsor under this contract, if any, to offset any other debt or obligation that Exhibitor/Sponsor owes to SPJA, whether or not such indebtedness arises from this Agreement.
  8. Assignment of Exhibit/EMO Space. SPJA has the sole discretion to assign Event exhibit and EMO space. Such assignment does not imply that similar space will be assigned for future events. SPJA reserves the absolute right to change the floor plan or to move an Exhibitor/ Sponsor to another location prior to or during the Event. However, a fully paid EMO shall be installed at the location designated on the EMO Agreement unless Sponsor agrees to such relocation, unless relocation is required to protect the safety or security at the Event.
  9. Exhibit Space Occupancy. SPJA has sole discretion to designate hours and dates for installing, occupying, and dismantling exhibits and EMOs. If Exhibitor fails to install its display in its assigned space by one hour before the Event opens or leaves its space unattended during the Event hours, SPJA shall have the right to take possession of the space and no refund will be due to Exhibitor. Exhibitor/Sponsor may not dismantle any booth or display until the Event is officially closed by SPJA. If additional labor hours or overtime are required for installation and/or removal of the exhibit, then Exhibitor shall pay such charges within thirty (30) days of the Event as billed. Nothing in this Section shall limit SPJA’s rights under Section 30 (Cancellation by Exhibitor/Sponsor).
  10. Exhibitor/Sponsor Badges. Exhibitor/Sponsor shall receive complimentary badges as set out in the Exhibitor or Sponsor/EMO Application. Parking vouchers or passes are not available at all.
  11. Exhibitor Kit & ESM. Before the Event, SPJA will send an Exhibitor’s Kit to the Exhibitor Contact listed on the first page of the Agreement. If Exhibitor does not receive an Exhibitor’s Kit by May 31 before the Event, Exhibitor is solely responsible for requesting one. The “Exhibitor’s Kit” will include information essential to participation in the Event, including but not limited to Exhibitor Services Manual (ESM), official contractor order forms, registration, shipping and drayage, utilities and building services, exhibitor display rules, and move- in/move-out schedules. SPJA may amend, revoke, or adopt Exhibitor Services Manual from time-to-time, upon three (3) hours’ notice to Exhibitor, or without notice if the Exhibit Facility changes its rules and regulations without advance notice to SPJA. Exhibitor Services Manual (whether or not included in an Exhibitor’s Kit) are incorporated here fully by reference. All information containing terms and conditions provided to Exhibitor/Sponsor by SPJA shall be deemed fully read and Exhibitor/Sponsor shall thereby be bound. Whether or not in the ESM, Exhibitor/ Sponsor shall abide by all SPJA Policies posted on www.anime-expo.org.
  12. Conduct at Event. Exhibitor/Sponsor shall conduct itself at all times in accord with normal standards of decorum and good taste at an event open to minors. All exhibits shall display products or services in a tasteful manner as determined in SPJA’s sole discretion. Live animals, nudity, partial nudity, carnival-type attraction, and gambling are prohibited. Advertising distributions must be made only from within an Exhibit booth or EMO. The aisles, passageways, and overhead spaces remain strictly under control of SPJA. No signs, decorations, banners, advertising material, or special exhibits will be permitted in any of these spaces except by special written permission of SPJA. Those staffing the Exhibitor’s booth or otherwise acting as its representative or agent with regard to the Event must remain within the Exhibitor’s booth while working. Exhibitor’s displays must be arranged so that booth visitors do not block aisles. Entertainment or advertisements outside an Exhibit booth orEMO are prohibited.
  13. Sound Policy & Excessive Noise. Controlled mechanical reproduction of sound or music is permitted. Sound must not be projected outside the exhibit booth or EMO. SPJA has the sole discretion to determine acceptable noise levels, with a maximum noise level of 85 decibels. Exhibitor/Sponsors are prohibited from operating noise-creating devices such as but not limited to bells, horns, or megaphones, and shall pay the costs of removal of such items. Exhibitor/Sponsor shall comply with any request by SPJA, the Exhibit Facility, or the City to discontinue any such sound or music. If SPJA, in its sole discretion, finds Exhibitor/Sponsor in violation of this sound policy, SPJA may: (a) on first violation, give Exhibitor/Sponsor a written warning; (b) if a second violation occurs, disconnect Exhibitor/Sponsor’s power for the remainder of the Event, and Exhibitor/ Sponsor shall not be entitled to any refund or reimbursement whatsoever. If the SPJA has disconnected the Exhibitor/Sponsor’s power for a sound violation at a prior event, SPJA may immediately disconnect the Exhibitor/ Sponsor’s power for the remainder of the Event upon Exhibitor/ Sponsor’s first sound violation. SPJA may, at its sole discretion, require separate, binding agreements with sound policy violators to review and approve sound policy, violators’ exhibit space design, and other related issues before sound policy violators are permitted to book space in future events.
  14. Fire and Safety Laws. Exhibitor/ Sponsor shall comply with all federal, state, and local fire and safety laws at all times. Exhibitor/Sponsor is solely responsible for ensuring its compliance with such laws.
  15. Anti-Piracy / Grey Market Goods. Sale, distribution, or display of “Infringing Content” is strictly prohibited at the Event. “Infringing Content” is material that violates any copyright, trademark, patent, trade secret, privacy or publicity rights, or is defamatory to or violates the privacy, of any person or entity, such as but not limited to pirated, grey market, unlicensed, or bootlegged products, merchandise, costumes, characters or art work. Exhibitor/Sponsor represents and warrants that its exhibit booth and/or EMO shall not contain, display, sell, distribute or make available any Infringing Content, and that the Exhibitor/Sponsor shall not play or permit the playing or performance of, or distribution of any copyrighted material at the Event unless it has paid all required royalties, fees, or other payments and has obtained all necessary licenses in writing. SPJA may require Exhibitor/Sponsor to produce Exhibitor/Sponsor’s written license or authorization to display, reproduce or distribute materials in Exhibitor/Sponsor’s booth, and Exhibitor/Sponsor shall keep such written licenses and authorizations in the booth at all times. If such authorization is not produced upon SPJA’s request, SPJA may, without further warning and without incurring any liability whatsoever, require Exhibitor/Sponsor to remove it from the premises, eject the Exhibitor/Sponsor from the Event, and/or disqualify Exhibitor/ Sponsor from participating in future Events. SPJA shall not be liable for any Infringing Content, or failure to discover or remove such content.
  16. Weapons and Adult Material. No firearms may be sold at the Event. Exhibitor/Sponsor shall ensure that no weapons or adult material will be displayed, offered, or sold to or handled by a Minor. Exhibitor/Sponsors may only sell weapons that are in a box sealed in a manner approved by the SPJA. Exhibitor/Sponsor shall comply fully with all municipal codes and federal and California laws, regulations, and licensing requirements applicable to the sale of weapons, including generally prohibited weapons laws. Adult materials must be draped or otherwise not visible or accessible to Minors. SPJA has the sole discretion to determine whether adult materials are properly concealed from Minors, and may require Exhibitor/Sponsor to further conceal adult materials, or to separate the exhibition of adult materials from the general exhibition space. SPJA may require that Exhibitor/Sponsor immediately remove all weapons or adult materials from the premises. All Exhibitor/ Sponsors displaying or selling weapons or adult material must display signage approved by the SPJA that specifies all the requirements for purchase of weapons or adult materials. The sign must be approved by the SPJA prior to the Event and the sign must be visible at all times during the Event. If a sign is not on display, the SPJA may, in its sole discretion, provide the Exhibitor/ Sponsor with a sign for which the Exhibitor/ Sponsor must immediately pay the SPJA. The SPJA may require the immediate removal of any Exhibitor/ Sponsor that fails to comply with this Section. If SPJA removes or restricts an exhibit that SPJA considers to be objectionable or inappropriate, no refund will be due to Exhibitor/Sponsor.
  17. Credit Card Acceptance. In the event Exhibitor/Sponsor accepts credit cards for payment in the Exhibit Hall (“Credit Card Taker”), Credit Card Taker will, in the course of such credit card payment services, come into possession of Personal Information of individuals who pay with credit cards (“Cardholder(s)”). “Personal Information” means information that identifies or can be used, alone or in combination with other information to identify an individual. “Cardholder Data” shall have the meaning given to it by the Payment Card Industry Data Security Standard then applicable to the credit card industry (“PCI DSS”). Credit Card Taker agrees to treat Personal Information of Cardholders gathered by it or provided to it in accordance with all applicable laws and to treat Cardholder Data in accordance with PCI DSS. Credit Card Taker agrees that pursuant to PCI DSS and the requirements of the credit card associations, it shall not transfer or make available Cardholder Data to any unauthorized third parties. Nothing herein limits Credit Card Taker’s use of Personal Information (and other information) relating to Cardholders for any lawful purpose, provided, that Credit Card Taker agrees not to sell such Personal Information to third parties. In the event that there is a suspected or confirmed security incident that could reasonably be expected to lead to the inadvertent disclosure from Exhibitor of Sensitive Personal Data relating to Cardholders, Credit Card Taker shall report such security incident within 2 business days to SPJA. Credit Card Taker shall make such reports to (714) 937-2994 and by email to: anne.kim@spja.org, finance@spja.org, and brooke@50Balmy.com. Upon request, Credit Card Taker shall cooperate with SPJA in providing such additional information as SPJA may reasonably request about the incident, its causes, and its results. "Sensitive Personal Data" shall mean Personal Information or Cardholder Data for which applicable law requires notice of inadvertent disclosure or access to the applicable Cardholder. In the event of a suspected or confirmed security incident, Credit Card Taker shall take all steps as it determines to be required by applicable laws, including with respect to notifying affected Cardholders and will use commercially reasonable efforts to discuss the nature of its response, including the form and content of any such notices with SPJA prior to the sending thereof. Nothing herein shall be construed to mean that SPJA is liable or responsible in any way for Exhibitor/Sponsor failing to comply with this section or other PCI requirements.
  18. Event Listings, Promotions, & Live Simulcasts. Exhibitor/Sponsor agrees that its Event participation is to widely promote anime, manga and Japanese culture, to reach fans internationally. In order to permit fans to participate in the Event and other SPJA activities in person and online, SPJA promotes the Event widely and may “live” simulcast portions of it (“Promotional Purposes”). Exhibitor/Sponsor gives SPJA permission to take still photographs and moving sound and audiovisual recordings of Exhibitor's booth space, EMO, exhibits, products, productions, signs and personnel displayed in places open to Event attendees at the Event (“Public Displays”) during and after the open hours of the Event in any manner or medium now known or later discovered (the “SPJA Recordings”). For Promotional Purposes, SPJA may, but is not obligated, to include SPJA Recordings, Exhibitor/Sponsor’s Public Displays in SPJA Event programs, listings and other SPJA promotional materials including Live Simulcasts of the Event. For Promotional Purposes, Exhibitor/Sponsor expressly grants to SPJA a fully paid, perpetual nonexclusive license to display, reproduce, and distribute company and product information, names, logos, trademarks, copyrighted materials, voices, and likenesses on Public Display at the Event, or that Exhibitor/Sponsor provides to SPJA for such Promotional Purposes. SPJA will not be liable for any errors in any listings or description or for omitting any Exhibitor/ Sponsor from any program, listing, or promotional material. SPJA shall own the copyrights in the SPJA Recordings (including any extensions and renewals thereof) throughout the world, in perpetuity. Specifically, but without limitation, Exhibitor/Sponsor grants SPJA the right to simulcast “live” Exhibitor/Sponsor’s Public Displays by means of radio (terrestrial and digital radio), television, the internet, and wireless/mobile systems or similar live streaming internet platforms, and all related services, software, and networks that allow for authorized streaming and distribution of video content over the internet (but not for downloads by the end viewer) (“Live Simulcasts”). The grant of rights for Live Simulcast includes the right for SPJA to receive any and all revenues earned from Live Simulcasts, including but not limited to behind-pay-wall ticket sales, license fees, shares of commercial advertising, promotions, donations, and purchases made during the Live Simulcast, if any.
  19. Trademarks and Logos. SPJA reserves all right, title, and interest in all SPJA trademarks and logos (the "Marks"), including but not limited to: ANIME EXPO; AX; SOCIETY FOR THE PROMOTION OF JAPANESE ANIMATION; SPJA; PROJECT ANIME; PA; A LOUNGE 21; and the SPJA mascots, such as Max. any other trademarks or logos in which SPJA has or may obtain statutory or common law trademark rights, derivations thereof, and marks substantially similar thereto, whether or not such marks or logos are registered by SPJA. Exhibitor/Sponsor shall have no right to use the Event logo, trademark, service mark, or any other intellectual property rights of SPJA, and shall not reproduce SPJA’s Marks on products, merchandise, or commercially unless such rights are provided separately in writing. Exhibitor/Sponsor shall neither directly or indirectly obtain nor attempt to obtain any right, title, or interest in or to SPJA's Marks, and hereby expressly waives any right that it may have to do so, without separate written permission of SPJA. Exhibitor/ Sponsor may use the Marks only in the form, style, and type prescribed by SPJA.
  20. Care of Event Facility. Exhibitor/ Sponsor shall promptly pay for any and all damages caused by Exhibitor/Sponsor to the Event Facility or associated facilities, booth equipment, or the property of others. Exhibitor/Sponsor agrees that no food or drink may be sold by Exhibitor/Sponsor in the Event Facility or otherwise. If Exhibitor/Sponsor is permitted by SPJA to give away free samples of food or drink, Exhibitor/Sponsor will be bound by and will follow the Event Facility’s, City regulations, and all applicable food handling and other laws with regard to such samples. SPJA reserves the right to cause Exhibitor/ Sponsor to immediately cease all distribution of food and drink, even free samples, at SPJA’s sole discretion.
  21. Permits and Taxes. Exhibitor/Sponsor shall obtain any licenses, permits, or approvals (“Permits”) under federal, state, or local law applicable to its activities at the Event at its sole expense. Sponsors who merely provide materials for display at or in connection with the Event and nothing more are not required to obtain Permits. Exhibitor/Sponsor shall obtain any necessary tax identification numbers and permits and shall be solely responsible for paying all taxes, including but not limited to sales taxes, license fees, use fees, or other fees, charges, levies, or penalties that become due to any governmental authority in connection with its activities at the Event.
  22. Insurance. Exhibitor/Sponsor shall obtain, and bear the expense of, adequate personal and property damage liability, Commercial General Liability, Worker’s Compensation, and Vehicle insurance coverage for its services, goods, activities, and participation in the Event, with “adequate” meaning reasonably related to the size, scope and nature of Exhibitor/ Sponsor’s activities at the Event and materials provided to the SPJA for the Event, and the minimum coverage acceptable shall be not less than $1 million per occurrence/$2 million aggregate. The Yen equivalent is acceptable. Exhibitor/Sponsor will provide SPJA with a Certificate of Insurance at least sixty (60) days prior to the Event. Such insurance must name the SPJA and the Event Facility and its operators as additional insured, in accord with sample language available from SPJA. The insurance shall cover the full period of occupancy at the Event Facility by the Exhibitor/Sponsor, its agents, servants, representatives, employees, guests, and/or invitees.
  23. Exhibitor/Sponsor Risk Assumption. Exhibitor/Sponsor expressly assumes all risks and liabilities arising from or related to Exhibitor/Sponsor’s participation, acts or omissions at the Event, including without limitation, all risks of harm or loss of any kind suffered by anyone attending, producing, organizing or affiliated with the Event, the Exhibit Facility, and the City of Los Angeles (the “City”), which risks include but are not limited to theft, harm, damage or injury to a person (including death), property, intellectual property, copyrights, trademarks, business, or profits, from whatever cause or source. Exhibitor/Sponsor is solely and exclusively responsible for its property and any theft, damage, or other loss to Exhibitor/Sponsor’s property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by an insurer). The SPJA, the Exhibit Facility, and the City of Los Angeles (collectively, the “Releasees”) have no responsibility or liability, nor is a bailment created, for property delivered by or to Exhibitor/Sponsor.
  24. Release and Indemnification. Exhibitor/Sponsor hereby completely releases and shall indemnify, defend, discharge, and hold harmless the Releasees, individually and collectively, and their present and former officers, directors, shareholders, partners, members, affiliates, employees, agents, representatives, sponsors, funders, attendees, insurers, attorneys, and predecessors, assignees and successors of each of them, from any and all demands, damages, losses, liabilities, causes of action, lawsuits, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, attorneys' fees, and claims of every kind or nature, whether known or unknown, in law, equity, or otherwise that either may now have or have had or that may hereafter accrue, individually, collectively, or otherwise in connection with, relating to or arising from Exhibitor/Sponsor's participation in the Event. This Section applies to, without limitation: (a) any debt owed by Exhibitor/ Sponsor or breach by Exhibitor/Sponsor of any agreements, covenants, promises or other obligations to third parties; (b) any matter for which Exhibitor/Sponsor is responsible under this Agreement; (c) any third party claim for infringement of any patent, copyright, trademark, trade secret, or other proprietary right; (d) any defamation or similar claim; and (e) harm or injury (including death) to any person or third party. Exhibitor/Sponsor shall not settle or compromise any claims against any Releasee without that Releasee’s prior written consent.
  25. Waiver. Exhibitor/Sponsor acknowledges the possibility that, after signing this Agreement, it may discover facts or incur or suffer claims that were unknown or unsuspected at the time this Agreement was executed, and which if known by it at that time may have materially affected its decision to sign it. Exhibitor/Sponsor acknowledges and agrees that it is assuming any risk of such unknown facts and such unknown and unsuspected claims.Exhibitor/Sponsor has been advised of the existence of Section 1542 of the California Civil Code ("Section 1542"), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Notwithstanding such provisions, Exhibitor/Sponsor knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law, or rule of similar effect. This release does not apply to acts of gross negligence or intentional or willful misconduct on the part of the Releasees, to the fullest extent permitted by law.
  26. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY RELEASEE BE LIABLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT IT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY LOST PROFITS OR DAMAGES. The maximum liability of any Releasee will not, under any circumstance, exceed the amount actually paid to SPJA by Exhibitor/Sponsor for exhibit space rental or any EMO under this Agreement. SPJA makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or any other matters.
  27. Independent Contractors. The parties are independent contractors, and are not and shall not be construed to be agents, joint venturers, or partners. Each party shall be solely responsible for compensating its own employees and contractors and for their benefits, if any. Neither party may enter into contracts or incur liabilities on behalf of the other. SPJA may establish reasonable standards of performance. Exhibitor/ Sponsor shall provide Exhibitor/Sponsor’s own tools and equipment, unless SPJA has committed to provide services under the Sponsorship/ EMO Agreement. Each party is responsible for conducting its own business.
  28. Compliance with Laws. Exhibitor/ Sponsor shall comply with all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Event Facility (including, without limitation, copyrights, trademarks, and any union labor work rules, and PCI compliance). Noncompliance with this Section may result in immediate removal of the Exhibitor/Sponsor.
  29. Export Control Laws. Exhibitor/ Sponsor shall not violate or cause SPJA to be in violation of Export Control Law.
  30. Cancellation by Exhibitor/Sponsor. Exhibitor/Sponsor may cancel participation in the Event at any time upon written notice to SPJA. SPJA must receive written notice of cancellation by email AND priority mail or overnight delivery by FedEx. If such notice is received before March 1, 2018 (the “Cancellation Deadline”), SPJA will retain fifty percent (50%) of the contracted amount as a cancellation fee and will return the remaining fifty percent (50%) to Exhibitor/Sponsor. If SPJA receives such notice on or after March 1, 2018, or if Exhibitor fails to staff its booth through the end of the Event or otherwise forfeits its booth for violating this contract, or if Sponsor fails to provide the materials required for its EMO on time, then one hundred percent of the contracted amount cancelled is due and non-refundable. On cancellations received after the Cancellation Date, SPJA may retain all payments already received, and the remaining balance due on the cancellation must be received by SPJA WITHIN FIFTEEN DAYS OF THE CANCELLATION, regardless of whether SPJA resells or otherwise reassigns canceled or forfeited exhibit space or EMOs. SPJA reserves the right to resell or otherwise reassign canceled or forfeited exhibit space and EMOs.
  31. Restriction or Termination by SPJA. SPJA may restrict or remove any exhibit that SPJA, in its sole discretion, believes is objectionable, inappropriate or illegal. If SPJA restricts or removes such an exhibit or EMO, no refund will be due to Exhibitor/Sponsor. SPJA may also terminate this contract effective upon written notice of termination if Exhibitor/Sponsor (1) breaches any of its obligations under the contract or (2) is adjudicated as insolvent, declares bankruptcy, or files or has filed against it, any petition in bankruptcy, or fails to continue its business. In either of these cases, SPJA shall have no obligations, expressed or implied, to refund any payments previously made.
  32. Event Cancellation or Change. SPJA reserves the right to cancel, re-name or re- locate the Event, or change the dates on which it is held. If SPJA cancels the Event due to a Force Majeure event or any other reason, or changes the Event dates to dates that are not within thirty (30) days of the Event’s originally scheduled date, and Exhibitor does not wish to participate in a rescheduled Event, SPJA shall refund Exhibitor/Sponsor for payments made to date, less any costs and expenses that SPJA incurred as of the cancellation, which shall be deemed full satisfaction of SPJA's liabilities to Exhibitor/ Sponsor. If SPJA changes the name of the Event, relocates the Event to another facility, or changes the Event dates to dates that are within thirty (30) days of its originally scheduled date, no refund will be due to Exhibitor/Sponsor. SPJA is not required to cancel or relocate the Event, or make any refunds, if the Event Facility is under construction.
  33. Force Majeure. SPJA shall not be liable for any damages sustained from delay or non-performance due to events beyond its reasonable control, including, without limitation, acts of God, disaster, acts of war or terror, labor disputes, weather, earth- quakes, fires, failure of power or utilities, government acts, curtailment of transportation facilities preventing or unreasonably delaying the Event, unavailability of the Exhibit Facility, or other cause. Thereupon, this Agreement may be terminated or the Event may be moved to another appropriate location, at the sole discretion of SPJA, and Exhibitor/Sponsor hereby waives any claim for any damages or compensation.
  34. Non-Discrimination. Exhibitor/ Sponsor represents and warrants that it does not discriminate in employment, hiring, participation, accommodations, or provision of services on any illegal grounds. Exhibitor/Sponsor shall construct its exhibits to comply with the Americans with Disabilities Act and related laws.
  35. Reporting Obligations & Data. Exhibitor/Sponsor understands and agrees that SPJA may be required to disclose financial information, contracts, information about salaries and other employee information, and other information to government agencies, in public federal and state tax returns, and elsewhere in accord with local, state, and federal "sunshine" or other disclosure laws and regulations that now or may in the future apply to SPJA as a nonprofit organization. SPJA shall be entitled to rely upon data, information, and representations provided by Exhibitor/ Sponsor. Exhibitor/Sponsor shall correct and report any errors to SPJA.
  36. RFID Technology. SPJA may use RFID technology for attendees at the Event. Exhibitor/Sponsor may not alter or ask an attendee to alter any RFID equipment, or use RFID equipment in violation of FCC rules. NEITHER SPJA OR EVENTBRITE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO USE OF THE RFID EQUIPMENT IN VIOLATION OF THE FCC RULES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
  37. Governing Law. This Agreement is governed by the laws of California and U.S. intellectual property laws. Exhibitor/ Sponsor agrees that the courts located in Los Angeles, California shall constitute the exclusive venue and forum for the resolution of all disputes arising from or related to this Agreement. If SPJA brings suit to enforce any of its rights hereunder, then Exhibitor/Sponsor shall reimburse SPJA for all fees and costs of the suit, including reasonable attorneys’ fees.
  38. Additional Terms and Conditions. Any matters pertaining to the Event and not specifically covered by the terms and conditions of this Agreement shall be subject to determination by SPJA in its sole discretion. This Agreement (including the Exhibitor Services Manual, the Exhibitor’s Kit, the Youth Protection Policy, and SPJA Policies on www.anime- expo.org) are the entire agreement of the parties on the subject matter hereof. Any amendment or modification to this contract must be in writing and signed by both parties. Exhibitor/Sponsor may not assign this contract or any right hereunder, or sublet or license all or any portion of its exhibit space without the SPJA’s prior written consent.
  39. Severability. If any term of this Agreement is declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. This Agreement (including the ESM, the Exhibitor’s Kit, the YPP, and any schedules) shall be binding upon Exhibitor/ Sponsor’s heirs and successors, and constitutes the entire agreement between Exhibitor/Sponsor and SPJA. SPJA’s obligations are expressly conditioned upon Exhibitor/Sponsor’s full performance of this Agreement including, without limitation, payment and actual participation in the Event as an Exhibitor/Sponsor.

Guest of Honor

SCHEDULE A: SPJA GOH CONTRACT STANDARD TERMS AND CONDITIONS

NOTICE: IF THE CUSTOMIZED AGREEMENT AND THIS SCHEDULE A IS NOT SIGNED BY MAY 15, 2018, THE OFFER TO PERFORM IS AUTOMATICALLY CANCELLED UNLESS AND UNTIL SPJA EXPRESSLY EXTENDS THE OFFER IN WRITING.

 

RECITALS

This Schedule A: SPJA GOH Contract Standard Terms and Conditions (“Schedule A” or “Standard Terms”) is attached to and/or incorporated by reference into GOH’s 2018 Customized Agreement with The Society for the Promotion of Japanese Animation (“SPJA”).  “Customized Agreement” means the customized separate contract between you and SPJA to provide goods or services to SPJA. Together, the Customized Agreement and these Standard Terms are the “Guest of Honor Agreement” or “Agreement.” “You” or “Guest of Honor” or “GOH” means the individual, organization, agency, company, or business named in the Customized Agreement.  Where the Customized Agreement conflicts with these Standard Terms, these Standard Terms shall control, unless the Customized Agreement expressly states that a part of the Customized GOH Agreement is intended to and does modify these Standard Terms.  It is intended that the Customized GOH Agreement modifies Section 3 (Intellectual Property). These Standard Terms affirm that GOH’s performance under the Customized Agreement shall be in accord with the mission of the SPJA. The SPJA is a 501(c)(6) registered nonprofit mutual benefit corporation. These Standard Terms are for the purpose of ensuring consistency and compliance with nonprofit law and the requirements of the SPJA's Articles of Incorporation and Bylaws. The SPJA's board, staff, volunteers, and members have invested thousands of hours over many years developing the techniques, procedures, and methods for producing events, including securing trademarks, permits, security, facilities, funding, sponsorship, participation, and support for the SPJA conferences and events (“SPJA Events"). SPJA reasonably desires to protect the years of invested time, resources and goodwill for the SPJA. Further, SPJA may be obligated to comply with public disclosure obligations under nonprofit law and desires to ensure that such public disclosures are accurate, complete, and authorized by the SPJA. To further the Agreement between the parties and the nonprofit purposes of the SPJA, the parties agree as follows:

AGREEMENTS:

  1. YOUTH PROTECTION POLICY.
    • a) All personnel who will be present at the SPJA Events on GOH’s behalf shall read SPJA’s Youth Protection Policy (“YPP”), and all such personnel are also strongly encouraged to view the YPP training videos. Both the Youth Protection Policy and the YPP training videos are available at: YouthProtectionPortal.org/SPJA.
    • b) Although not required, GOH is strongly encouraged to conduct criminal background checks on all personnel who will be present at the SPJA Events on GOH’s behalf, and may do so at SPJA’s expense through its third party vendor. If such criminal background checks are conducted, no one who is disqualified under YPP Section 5, “Disqualifying Criteria”, may attend the SPJA Events.
  2. NON-DISCRIMINATION. You represent and warrant that You do not discriminate in hiring, employment, participation or services rendered on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, height, weight, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status) or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by Guest of Honor.
  3. INTELLECTUAL PROPERTY. If the Customized Agreement includes any provisions about Intellectual Property rights, including but not limited to a grant of rights to Live Simulcast GOH’s Appearances, the Customized Agreement shall control and supersede this Section. Otherwise, You agree that all copyrights in works (including compilations of contact lists and databases) created within the scope of your services for SPJA and under the Agreement, consideration for which is paid by SPJA using nonprofit mutual benefit trade organization funds (“Works”), shall vest initially in and be the property of the SPJA as Works Made for Hire. To the extent it may be found that is not the case by operation of law, You hereby transfer all copyrights in and to all Works created under the Agreement to SPJA.  SPJA may register all copyrights in and to the Works. You may retain samples of such works for reference and as documentation of Your experience and capabilities.
  4. PHOTOGRAPHS AND GRANT OF RIGHTS. Without prejudice to the rights transferred to SPJA in Section 3 of these Standard Terms, You give SPJA the permission to create still photographs and moving sound and audiovisual recordings of You in any manner or media now known or later discovered (the “SPJA Recordings”) while at SPJA Events. SPJA shall own the copyrights in the SPJA Recordings (including any extensions and renewals thereof) throughout the world, in perpetuity.
  5. SPJA’S REPORTING OBLIGATIONS. You understand and agree that SPJA may be required to disclose financial information, contracts, information about salaries and other employee information, and other information to government agencies, in SPJA's public federal and state tax returns, and elsewhere in accord with local, state and federal "sunshine" or other disclosure laws and regulations that apply to SPJA, or pursuant to subpoena.
  6. RELIANCE ON DATA. SPJA is entitled to rely upon data, information, and representations provided by Guest of Honor. If any error results from incorrect data supplied by You, You shall be responsible for discovering and reporting such error and supplying the data necessary to correct such error to SPJA.
  7. RETURN OF RECORDS. Upon termination of the Agreement, or at any time upon the written request of SPJA for any reason, Guest of Honor shall deliver all notes, records, data, memoranda, models, equipment, or other materials of any nature that are in Guest of Honor’s possession, custody, control that are SPJA’s property or relate to SPJA’s business (and all copies thereof).
  8. TRADEMARKS, TRADENAMES AND LOGOS. SPJA reserves all right, title, and interest in all SPJA trademarks and logos (the "Marks"), including but not limited to: THE SOCIETY FOR THE PROMOTION OF JAPANESE ANIMATION, SPJA, ANIME EXPO, AX, Project Anime, PA, LOUNGE 21, and the “AX Mascots”, as well as any other trademarks or logos, derivations thereof, and marks substantially similar thereto in which SPJA has or may obtain statutory or common law trademark rights. You understand and agree that the Marks are licensed to You for Your use only if and solely as set forth in the Customized Agreement, and only for the benefit of and on behalf of the SPJA; and are not licensed to You at all if not set out in the Customized Agreement. Any and all licensed rights terminate at the end of the Agreement's Term. The Marks shall be used only in the form, style and type then prescribed by the SPJA. You shall neither directly or indirectly obtain nor attempt to obtain any right, title or interest in or to the SPJA's Marks, and You hereby expressly waive any right which You may have to do so. You recognize SPJA’s exclusive ownership of its Marks.
  9. INDEPENDENT CONTRACTORS. The parties are and shall be construed to be independent contractors, and not as agents, joint venturers, or legal partners, notwithstanding use of words like “collaborator” or “partner” in publicity or otherwise. Neither party shall participate in the other’s employee benefit or compensation plan. Each party shall be solely responsible for compensating its own employees and contractors and for their worker’s compensation and other benefits, if any. Neither party may enter into contracts or incur liabilities on behalf of the other. You shall control Your method of work while fulfilling Your obligations to the SPJA, although the SPJA may establish reasonable standards of performance and the quality of deliverables. Except for work that must be performed on site or using the SPJA’s tools and equipment, You will provide services away from the SPJA’s place of business using Your own tools and equipment. Each party shall be responsible for the conduct of its own business and comply fully with applicable laws.
  10. COMPLIANCE WITH LAWS & POLICIES. Guest of Honor shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations, and those of the Show Facility (including, without limitation, copyrights, trademarks, and any union work rules, and PCI compliance). Guest of Honor shall comply with SPJA Policies and Code of Conduct while at the Event.  Noncompliance may result in immediate removal of the Guest of Honor.
  11. ANTI-CORRUPTION LAWS. Guest of Honor acknowledges and confirms understanding of the applicable Anti-Corruption Laws. “Anti-Corruption Laws” shall mean, collectively: (i) the United States Foreign Corrupt Practices Act (the “FCPA”); (ii) the Japanese Unfair Competition Prevention Act (“UCPA”); any applicable legislation or regulation implementing the Organization for Economic Cooperation and Development Convention Against Bribery of Foreign Public Officials in International Business Transactions; and (iii) all other applicable laws, regulations, orders, judicial decisions, conventions, and international financial institution rules regarding domestic or international corruption, bribery, ethical business conduct, money laundering, political contributions, gifts and gratuities, or lawful expenses to public officials and private persons, agency relationships, commissions, lobbying, books and records, and financial controls. Neither You nor Your officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, public officials, successors, or assigns will, directly or indirectly, pay, promise or offer to pay, or authorize the payment of, any money or give any promise or offer to give, or authorize the giving of anything of value, to a public official or entity for purposes of obtaining or retaining business for or with, or directing business to, any person, including, without limitation, the SPJA, by (i) influencing any official act, decision or omission; (ii) inducing such public official or entity to do or omit to do any act in violation of their lawful duty (iii) securing any improper advantage; or (iv) inducing such public official or entity to affect or influence any act or decision of another public official or entity. You agree that SPJA has the right to audit your books and records related to the Guest of Honor Agreement. Notwithstanding any other provision contained herein, SPJA may immediately terminate the Customized Agreement with no obligation to reimburse any expense incurred or pay for any service performed by Guest of Honor if, in the SPJA’s reasonable opinion, (i) Guest of Honor has failed to provide adequate documentation or information regarding an expense or service, or (ii) an expense reimbursement or service payment would cause a violation of any Anti-Corruption Law.
  12. EXPORT CONTROL LAWS. Guest of Honor shall not cause SPJA to be in violation of any Export Control Law. “Export Control Laws” mean all U.S. or other laws and regulations relating to the export or re-export of commodities, technologies, or services, including, but not limited to, the Export Administration Act of 1979, 24 U.S.C. §§2401-2420, the International Emergency Economic Powers Act, 50 U.S.C. §§1701-1706, the Trading with the Enemy Act, 50 U.S.C. §§1 et. seq.; the Arms Export Control Act, 22 U.S.C. §§2778, 2779; the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et. seq.; and the International Boycott Provisions of I.R.C. §999.
  13. CONFIDENTIALITY. This Section governs every Customized Agreement between SPJA and a party who has not signed a separate written confidentiality or nondisclosure agreement with SPJA. Where the parties have entered into a separate written confidentiality or nondisclosure agreement, that agreement supersedes and replaces this Section. During the term of the Customized Agreement, You may be exposed to certain Confidential Information of SPJA. The term “Confidential Information” means any and all information that is disclosed to or received by Guest of Honor from SPJA, in any form, concerning SPJA's techniques, procedures, and methods for producing and securing permits, security, facilities, funding, sponsorship, participation, and support for projects, business, products, contacts, contact lists, business plans, or its directors’, staff or volunteers’ personal lives unless that information is: i) already public information; ii) learned from a third party not bound by a confidentiality agreement; or iii) which becomes public through no breach of the Agreement. Guest of Honor agrees that whether or not marked “confidential,” all information disclosed by SPJA is Confidential Information except for information that SPJA includes in materials developed and approved by SPJA for public distribution; or which information is already public information at or before the time it is disclosed to You. Subject to the whistleblower notice below, You agree that You will not disclose to any third party, except Your accountant or attorney or pursuant to a subpoena, any Confidential Information of SPJA without the prior written consent of SPJA and will only use such Confidential Information in furtherance of the object of the Agreement. Important Notice: A new law, the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1833(b) (the “DTSA”)), provides some protections to whistleblowers who confidentially disclose a trade secret to their Attorney, a government official, or in a court filing made under seal. While not a contractual obligation, you are urged to familiarize yourself with the provisions of the DTSA to determine if any disclosure you intend to make qualifies for such protection, or for protection under other applicable whistleblower laws. This provision shall remain in full force and effect after the termination of the Customized Agreement. You agree that You will not make any statements to the press or media for, on behalf of, or about the SPJA unless that is part of the services You are retained to provide for SPJA, and then only with the prior written approval of SPJA.
  14. LIMITED NON-COMPETITION. Guest of Honor agrees to appear exclusively at the show designated in the Customized Agreement (“SPJA Show”) and not to appear or perform personally (live or live streaming) at another convention, concert, or venue within 400 miles of the SPJA Show during the two weeks before, during, and for the two weeks after the SPJA Show (the “Limited Places and Times”), unless SPJA consents otherwise in advance in writing.  In any event, if GOH is performing within 400 miles of the SPJA Show two weeks or more after the SPJA Show but within two months of the SPJA Show, the GOH shall not announce that other show until the SPJA Show.  Because SPJA has invested so much in producing and publicizing the SPJA Show at which Guest of Honor appears, SPJA would be irrevocably harmed if Guest of Honor personally appears (live or live streaming) in the Limited Places and Times around the SPJA Show at which they are appearing.  Guest of Honor agrees not to produce, create, or cause to be produced or created any Japanese culture event or convention in Southern California within two years after your Appearance.  Nothing herein limits Guest of Honor from distributing or marketing their own Intellectual Property, such as their songs, films, or other creative works on iTunes or in and through their normal and customary distribution and marketing channels. If the provisions contained herein are deemed to exceed the time or geographic limits or any other limits imposed by applicable law in any jurisdiction, then such provision shall be deemed reformed in such jurisdiction to the maximum extent permitted by applicable law.
  15. INSURANCE. Unless agreed otherwise in writing, Guest of Honor shall obtain and maintain at Your own expense the following minimum primary insurance covering your employees, agents, contractors, and assigns for the duration of the Agreement and as long as reasonably necessary thereafter to adequately cover the obligations set out in the Agreement: 1) general commercial or personal liability insurance in amounts not less than $1,000,000.00 per claim and $3,000,000.00 aggregate; 2) vehicle insurance in the same amounts to cover all vehicles used in connection with the Agreement; and 3) workers’ compensation insurance to cover all of Your employees, if any. Companies or individuals domiciled in Japan may provide insurance by a Japanese insurance company with policy limits in Yen equivalent to the amounts above, and such insurance shall cover Your contracted goods, services, and property in the United States, if any. Such insurance will expressly cover you and your group as performers and participants, if you are performing or participating in an SPJA event or program. If You are serving food, liquor, or providing security, You shall secure additional insurance coverage appropriate to such activities, including for example, but not limited to, liquor liability insurance. Nothing here limits your obligation to obtain necessary appropriate levels of insurance coverage for all Your services, goods, activities, and participation in relation to the SPJA, the amounts set forth above being minimums. Before starting to provide any goods or services, and again no later than thirty (30) days before you are scheduled to provide goods or services at any SPJA Event, you will deliver to SPJA a Certificate of Insurance as proof of such insurance naming the SPJA as an additional insured. If You receive payment by Your insurance company for a claim made against SPJA, when SPJA has incurred damages or costs in connection with such claim, You shall surrender the proceeds of that insurance payment to SPJA to the full extent of its payment thereof.
  16. INJURIES/RELEASE. You agree to completely release and hold SPJA and its officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, public officials, successors, and assigns harmless from any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, and/or claims of every kind or nature, whether known or unknown, in law or equity, including employment claims and acts or omissions by third parties such as medical providers, arising from or related to Your engagement with SPJA. This release does not apply to acts of gross negligence or intentional, willful, or wanton misconduct on the part of SPJA.
  17. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other party and each of its successors, assigns, employees, officers, directors, members, agents, representatives, or subsidiary companies (each an “Indemnified Party”) from any third party claim, suit, damage, loss, or expense (including reasonable attorneys’ fees) arising from the acts or omissions of the indemnifying party or any of its successors, assigns, employees, agents, or representatives (each an “Indemnifying Party”). This Section applies to, but is not limited to, any third party defamation or intellectual property infringement claim arising from the Indemnifying Party’s acts or omissions. The party seeking indemnification shall give the Indemnifying Party prompt written notice of any claim, demand, or action for which indemnity is sought.
  18. EVENTS OF DEFAULT. It shall be an event of default hereunder by either party if that party (a) fails to pay any sums when due pursuant to the Agreement; or (b) otherwise materially breaches the Agreement, and such breach remains uncured for a period of fourteen (14) days after written notice thereof to the breaching party, (or, in the case of a breach relating to obligations set forth in Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, or 16 herein, such breach is not cured in seven (7) days); or (c) is adjudicated as insolvent, declares bankruptcy, or files or has filed against it, any petition in bankruptcy; or (d) fails to continue its business.
  19. ASSIGNMENT. Your obligations under the Agreement may not be assigned or transferred to any other person, firm, corporation, or entity without the prior written consent of the SPJA.
  20. FORCE MAJEURE. The SPJA shall not be liable for a delay in SPJA Events or its performance of its obligations and responsibilities under the Agreement due to causes beyond its control, including, without limitation, weather, interruption or failure of telecommunication or digital transmission links, war, strikes, lockouts or work stoppages or other labor difficulties, supplier failures (including failure of performance of any carrier), energy failures, embargo, national, regional, or local emergency, insurrection or riot, acts of the public enemy, fire, flood, or other natural disaster, vandalism, explosion, any federal, state or municipal law, order, regulation, direction, action or request, breaches or delays, damage to or destruction in whole or in part of the streets, sidewalks, civic center, telephone, internet, or cable service or electrical energy systems, inability to obtain telephone or cable service or electricity, or damage to or destruction in whole or in part of any components essential to connection to the Internet or any other causes, contingencies, or circumstances within or without the United States not subject to the SPJA’s complete control which prevent or hinder SPJA Events or the SPJA’s performance under the terms of the Agreement or make the fulfillment of the Agreement impracticable (a “Force Majeure Event”). If performance or timely performance is made impracticable or impossible by the occurrence of Force Majeure Event, the SPJA shall not be deemed to have breached the Agreement. Further, in the event that the SPJA is unable to meet its obligations hereunder because of such Force Majeure Event and an SPJA Event is cancelled, the SPJA shall have no obligation to reschedule it or to refund any fees paid to it hereunder.
  21. DISPUTE RESOLUTION. The parties agree to meet and confer in good faith to attempt to resolve any dispute arising out of or related to the Agreement. Any dispute that is not resolved within forty-five (45) days and that exceeds the jurisdictional limits of small claims court, may be submitted to mediation upon mutual agreement of the parties to mediate, under a mutually agreeable mediator or, if none can be found, under JAMS. If the parties do not agree to mediate, or mediation is unsuccessful, the dispute shall be submitted to binding arbitration in Los Angeles, CA before JAMS under JAMS arbitration rules as quickly as an arbitrator is available. The arbitration shall be held with only one mutually agreeable arbitrator, or, if one cannot be found, under JAMS’ rules for choosing an arbitrator. The arbitrator may order limited discovery in accord with JAMS' Recommended Arbitration Discovery Protocols and JAMS' Comprehensive Arbitration Rule 17 (or any amendment thereof). The arbitrator may not revise or alter the terms of the Agreement. The arbitrator shall be empowered to grant preliminary and permanent equitable relief in addition to awarding damages. Each party shall have the right to be represented by counsel at arbitration, and the prevailing party in any arbitration or lawsuit shall be entitled to recover its reasonable attorneys’ fees and costs. The parties agree to abide by all decisions and awards rendered in the arbitration, and the arbitrator’s decisions and awards, including any decision about which party shall pay costs and/or attorneys’ fees, shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. Any small claims action must be brought in the Superior Court of Los Angeles, California. Notwithstanding the above, if either party determines in good faith that injunctive relief is needed, it may seek such injunctive relief in state or federal court.
  22. PERSONAL INFORMATION. You represent and warrant that in the course of providing services to SPJA, you will not take or receive any credit payments.  In the course of providing services to SPJA, You may come into possession of “Personal Information,” meaning information that identifies or can be used, alone or in combination with other information, to identify an individual. If processing credit cards is part of the services You offer to SPJA,  You agree to treat Personal Information gathered by or provided to You in accordance with all applicable privacy and other laws.
  23. AUDIT RIGHTS.
    • a) SPJA or its duly authorized representative shall have the right to examine Your records insofar as they relate to services or goods You provide to SPJA. For the avoidance of doubt, SPJA shall have no right to examine any records that relate to Your other events or other clients, or Your financial statements. Such audit inspection shall be made upon reasonable written notice, during normal business hours, and under such conditions as You may reasonably prescribe and not more than once per calendar year. If an error in the amount paid or payable to either party is discovered as a result of any such examination, the party in whose favor the error was made shall promptly pay to the other the amount of the error. Any such examination shall be at SPJA’s expense unless errors of accounting in SPJA’s favor amounting to 5% or more of the total sum paid to Client hereunder shall be found, and then Company shall contribute to the cost of the examination up to the amount of the error so determined.
    • b) In the event that in the course of a PCI compliance audit, Your PCI auditors flag concerns applicable specifically to Cardholder Data obtained by You in processing for SPJA’s Events (but not, for the avoidance of doubt, concerns applicable to Cardholder Data or Company’s Cardholder Data Environment generally), You shall notify SPJA of such issues as soon as reasonably practicable thereafter.
  24. RFID TECHNOLOGY. SPJA may use RFID technology for attendees at the Event. GOH may not alter or ask an attendee to alter any RFID equipment, or use RFID equipment in violation of FCC rules. NEITHER SPJA OR EVENTBRITE WILL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO USE OF THE RFID EQUIPMENT IN VIOLATION OF THE FCC RULES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
  1. SURVIVAL. The provisions of Sections 1, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 18, 20, 21, 22, 23, and 24 of Schedule A shall survive termination of the Agreement.
  2. GENERAL PROVISIONS.
    • a) No waiver or amendment, including those made by custom, usage of trade, course of dealing, or failure of either party to exercise any right provided for herein, will be effective unless in writing and shall not be deemed a waiver of any other breach or right hereunder.
    • b) The Guest of Honor Agreement shall be construed using the intellectual property laws of the United States, and the laws of the State of California, except as they apply to conflicts of law. The parties consent to the jurisdiction of any federal or state court within Los Angeles, California.
    • c) The language in all parts of the Agreement shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes which provide for the language of an agreement to be construed against the drafter. If any provision of the Agreement is determined to be invalid or unenforceable, the Agreement shall remain in effect, and the offending provision shall be modified to the extent required to make the provision valid or enforceable, or if that is not possible, then that provision shall be stricken and all other provisions shall remain in effect.
    • d) This Agreement and its Schedules are personal to You and may not be assigned or transferred to any other person, firm, corporation, or entity without SPJA’s prior written consent; otherwise, the Agreement shall bind and be for the benefit of the parties and their heirs, fiduciaries, successors and permitted assigns.
    • e) Correspondence will be to the parties at the addresses specified below or to such other places that the parties designate from time to time in writing. A copy of each such notice shall also be sent to SPJA, 1522 Brookhollow Drive Suite 1, Santa Ana, CA 92705.
    • f) Paragraph headings used herein are for convenience only and shall not affect the interpretation nor be deemed to be a part of the Agreement.
    • g) No party hereto has relied upon any other promise, representation or warranty, other than those contained herein, in executing the Agreement.
    • h) Each person signing the Agreement represents and warrants that s/he has the authority to sign it and to bind any company on whose behalf s/he purports to sign. The Agreement may be signed in counterparts, which together shall constitute one contract. Faxed or scanned signatures shall be construed to be as valid as originals.

Performer

SCHEDULE A: SPJA PERFORMER CONTRACT STANDARD TERMS AND CONDITIONS

NOTICE: IF THE CUSTOMIZED AGREEMENT AND THIS SCHEDULE A IS NOT SIGNED BY MAY 3, 2018, THE OFFER TO PERFORM OR PROVIDE GOODS OR SERVICES TO SPJA IS AUTOMATICALLY CANCELLED UNLESS AND UNTIL SPJA EXPRESSLY EXTENDS THE OFFER IN WRITING.

 

RECITALS

This Schedule A: SPJA Performer Contract Standard Terms and Conditions (“Schedule A” or “Standard Terms”) is attached to and/or incorporated by reference into Performer’s Customized Performer Agreement with The Society for Promotion of Japanese Animation (“SPJA”).  “Customized Agreement” means the customized separate contract between you and SPJA to provide goods or services to SPJA. Together, the Customized Agreement and these Standard Terms are the “Agreement.” “You” or “Performer” means the individual, organization, agency, company, or business named in the Customized Agreement.  Where the Customized Agreement conflicts with these Standard Terms, these Standard Terms shall control, unless the Customized Agreement expressly states that a part of the Customized Performer Agreement is intended to and does modify these Standard Terms.  It is intended that the Customized Performer Agreement modifies Section 3 (Intellectual Property). These Standard Terms affirm that Performer’s performance under the Customized Agreement shall be in accord with the mission of the SPJA. The SPJA is a 501(c)(6) registered nonprofit mutual benefit corporation. These Standard Terms are for the purpose of ensuring consistency and compliance with nonprofit law and the requirements of the SPJA's Articles of Incorporation and Bylaws. The SPJA's board, staff, volunteers, and members have invested thousands of hours over many years developing the techniques, procedures, and methods for producing events, including securing trademarks, permits, security, facilities, funding, sponsorship, participation, and support for the SPJA conferences and events (“SPJA Events"). SPJA reasonably desires to protect the years of invested time, resources and goodwill for the SPJA. Further, SPJA may be obligated to comply with public disclosure obligations under nonprofit law and desires to ensure that such public disclosures are accurate, complete, and authorized by the SPJA. To further the Agreement between the parties and the nonprofit purposes of the SPJA, the parties agree as follows:

AGREEMENTS:

  1. YOUTH PROTECTION POLICY.
    • (a) All personnel who will be present at the SPJA Show on Performer’s behalf shall read SPJA’s Youth Protection Policy (“YPP”), and all such personnel are also strongly encouraged to view the YPP training videos. Both the Youth Protection Policy and the YPP training videos are available at: www.YouthProtectionPortal.org/SPJA
    • Although not required, Performer is strongly encouraged to conduct criminal background checks on all personnel who will be present at the SPJA Show on Performer’s behalf, and may do so at SPJA’s expense through its third party vendor. If such criminal background checks are conducted, no one who is disqualified under YPP Section 5, “Disqualifying Criteria”, may attend the SPJA Show.
  2. NON-DISCRIMINATION. You represent and warrant that You do not discriminate in hiring, employment, participation or services rendered on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, height, weight, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status) or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by Performer.
  3. INTELLECTUAL PROPERTY. If the Customized Agreement includes any provisions about Intellectual Property rights, including but not limited to a grant of rights to Live Simulcast Performers’ Appearances, the Customized Agreement shall control and supersede this Section. Otherwise, You agree that all copyrights in works (including compilations of contact lists and databases) created within the scope of your services for SPJA and under the Agreement, consideration for which is paid by SPJA using nonprofit mutual benefit trade organization funds (“Works”), shall vest initially in and be the property of the SPJA as Works Made for Hire. To the extent it may be found that is not the case by operation of law, You hereby transfer all copyrights in and to all Works created under the Agreement to SPJA. SPJA may register all copyrights in and to the Works. You may retain samples of such works for reference and as documentation of Your experience and capabilities.
  4. PHOTOGRAPHS AND GRANT OF RIGHTS. Without prejudice to the rights transferred to SPJA in Section 3 of these Standard Terms, You give SPJA the permission to create still photographs and moving sound and audiovisual recordings of You in any manner or media now known or later discovered (the “SPJA Recordings”) while at SPJA Events. SPJA shall own the copyrights in the SPJA Recordings (including any extensions and renewals thereof) throughout the world, in perpetuity.
  5. SPJA’S REPORTING OBLIGATIONS. You understand and agree that SPJA may be required to disclose financial information, contracts, information about salaries and other employee information, and other information to government agencies, in SPJA's public federal and state tax returns, and elsewhere in accord with local, state and federal "sunshine" or other disclosure laws and regulations that apply to SPJA, or pursuant to subpoena.
  6. RELIANCE ON DATA. SPJA is entitled to rely upon data, information, and representations provided by Performer. If any error results from incorrect data supplied by You, You shall be responsible for discovering and reporting such error and supplying the data necessary to correct such error to SPJA.
  7. RETURN OF RECORDS. Upon termination of the Agreement, or at any time upon the written request of SPJA for any reason, Performer shall deliver all notes, records, data, memoranda, models, equipment, or other materials of any nature that are in Performer’s possession, custody, control that are SPJA’s property or relate to SPJA’s business (and all copies thereof).
  8. TRADEMARKS, TRADENAMES AND LOGOS. SPJA reserves all right, title, and interest in all SPJA trademarks and logos (the "Marks"), including but not limited to: THE SOCIETY FOR THE PROMOTION OF JAPANESE ANIMATION, SPJA, ANIME EXPO, AX, Project Anime, PA, LOUNGE 21, and the “ax mascots”, as well as any other trademarks or logos, derivations thereof, and marks substantially similar thereto in which SPJA has or may obtain statutory or common law trademark rights. You understand and agree that the Marks are licensed to You for Your use only if and solely as set forth in the Customized Agreement, and only for the benefit of and on behalf of the SPJA; and are not licensed to You at all if not set out in the Customized Agreement. Any and all licensed rights terminate at the end of the Agreement's Term. The Marks shall be used only in the form, style and type then prescribed by the SPJA. You shall neither directly or indirectly obtain nor attempt to obtain any right, title or interest in or to the SPJA's Marks, and You hereby expressly waive any right which You may have to do so. You recognize SPJA’s exclusive ownership of its Marks.
  9. INDEPENDENT CONTRACTORS. The parties are and shall be construed to be independent contractors, and not as agents, joint venturers, or legal partners, notwithstanding use of words like “collaborator” or “partner” in publicity or otherwise. Neither party shall participate in the other’s employee benefit or compensation plan. Each party shall be solely responsible for compensating its own employees and contractors and for their worker’s compensation and other benefits, if any. Neither party may enter into contracts or incur liabilities on behalf of the other. You shall control Your method of work while fulfilling Your obligations to the SPJA, although the SPJA may establish reasonable standards of performance and the quality of deliverables. Except for work that must be performed on site or using the SPJA’s tools and equipment, You will provide services away from the SPJA’s place of business using Your own tools and equipment. Each party shall be responsible for the conduct of its own business and comply fully with applicable laws.
  10. COMPLIANCE WITH LAWS & POLICIES. Performer shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations, and those of the Show Facility (including, without limitation, copyrights, trademarks, and any union work rules, and PCI compliance). Performer shall comply with SPJA Policies and Code of Conduct while at the Event. Noncompliance may result in immediate removal of the Performer.
  11. ANTI-CORRUPTION LAWS. Performer acknowledges and confirms understanding of the applicable Anti-Corruption Laws. “Anti-Corruption Laws” shall mean, collectively: (i) the United States Foreign Corrupt Practices Act (the “FCPA”); (ii) the Japanese Unfair Competition Prevention Act (“UCPA”); any applicable legislation or regulation implementing the Organization for Economic Cooperation and Development Convention Against Bribery of Foreign Public Officials in International Business Transactions; and (iii) all other applicable laws, regulations, orders, judicial decisions, conventions, and international financial institution rules regarding domestic or international corruption, bribery, ethical business conduct, money laundering, political contributions, gifts and gratuities, or lawful expenses to public officials and private persons, agency relationships, commissions, lobbying, books and records, and financial controls. Neither You nor Your officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, public officials, successors, or assigns will, directly or indirectly, pay, promise or offer to pay, or authorize the payment of, any money or give any promise or offer to give, or authorize the giving of anything of value, to a public official or entity for purposes of obtaining or retaining business for or with, or directing business to, any person, including, without limitation, the SPJA, by (i) influencing any official act, decision or omission; (ii) inducing such public official or entity to do or omit to do any act in violation of their lawful duty (iii) securing any improper advantage; or (iv) inducing such public official or entity to affect or influence any act or decision of another public official or entity. You agree that SPJA has the right to audit your books and records related to the Customized Agreement. Notwithstanding any other provision contained herein, SPJA may immediately terminate the Customized Agreement with no obligation to reimburse any expense incurred or pay for any service performed by Performer if, in the SPJA’s reasonable opinion, (i) Performer has failed to provide adequate documentation or information regarding an expense or service, or (ii) an expense reimbursement or service payment would cause a violation of any Anti-Corruption Law.
  12. EXPORT CONTROL LAWS. Performer shall not cause SPJA to be in violation of any Export Control Law. “Export Control Laws” mean all U.S. or other laws and regulations relating to the export or re-export of commodities, technologies, or services, including, but not limited to, the Export Administration Act of 1979, 24 U.S.C. §§2401-2420, the International Emergency Economic Powers Act, 50 U.S.C. §§1701-1706, the Trading with the Enemy Act, 50 U.S.C. §§1 et. seq.; the Arms Export Control Act, 22 U.S.C. §§2778, 2779; the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et. seq.; and the International Boycott Provisions of I.R.C. §999.
  13. CONFIDENTIALITY. This Section governs every Customized Agreement between SPJA and a party who has not signed a separate written confidentiality or nondisclosure agreement with SPJA. Where the parties have entered into a separate written confidentiality or nondisclosure agreement, that agreement supersedes and replaces this Section. During the term of the Customized Agreement, You may be exposed to certain Confidential Information of SPJA. The term “Confidential Information” means any and all information that is disclosed to or received by Performer from SPJA, in any form, concerning SPJA's techniques, procedures, and methods for producing and securing permits, security, facilities, funding, sponsorship, participation, and support for projects, business, products, contacts, contact lists, business plans, or its directors’, staff or volunteers’ personal lives unless that information is: i) already public information; ii) learned from a third party not bound by a confidentiality agreement; or iii) which becomes public through no breach of the Agreement. Performer agrees that whether or not marked “confidential,” all information disclosed by SPJA is Confidential Information except for information that SPJA includes in materials developed and approved by SPJA for public distribution; or which information is already public information at or before the time it is disclosed to You. Subject to the whistleblower notice below, You agree that You will not disclose to any third party, except Your accountant or attorney or pursuant to a subpoena, any Confidential Information of SPJA without the prior written consent of SPJA and will only use such Confidential Information in furtherance of the object of the Agreement. Important Notice: A new law, the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1833(b) (the “DTSA”)), provides some protections to whistleblowers who confidentially disclose a trade secret to their Attorney, a government official, or in a court filing made under seal. While not a contractual obligation, you are urged to familiarize yourself with the provisions of the DTSA to determine if any disclosure you intend to make qualifies for such protection, or for protection under other applicable whistleblower laws. This provision shall remain in full force and effect after the termination of the Customized Agreement. You agree that You will not make any statements to the press or media for, on behalf of, or about the SPJA unless that is part of the services You are retained to provide for SPJA, and then only with the prior written approval of SPJA.
  14. LIMITED NON-COMPETITION. Performer agrees to appear exclusively at the show designated in the Customized Agreement (“SPJA Show”) and not to appear or perform personally (live or live streaming) at another convention, concert, or venue within 400 miles of the SPJA Show during the two weeks before, during, and for the two weeks after the SPJA Show (the “Limited Places and Times”), unless SPJA consents otherwise in advance in writing.  In any event, if Performer is performing within 400 miles of the SPJA Show two weeks or more after the SPJA Show but within two months of the SPJA Show, the Performer shall not announce that other show until the SPJA Show.  Because SPJA has invested so much in producing and publicizing the SPJA Show at which Performer appears, SPJA would be irrevocably harmed if Performer personally appears (live or live streaming) in the Limited Places and Times around the SPJA Show at which they are appearing.  Performer agrees not to produce, create, or cause to be produced or created any Japanese culture event or convention in Southern California within two years after your Appearance.  Nothing herein limits Performer from distributing or marketing their own Intellectual Property, such as their songs, films, or other creative works on iTunes or in and through their normal and customary distribution and marketing channels. If the provisions contained herein are deemed to exceed the time or geographic limits or any other limits imposed by applicable law in any jurisdiction, then such provision shall be deemed reformed in such jurisdiction to the maximum extent permitted by applicable law.
  15. INSURANCE. Unless agreed otherwise in writing, Performer shall obtain and maintain at Your own expense the following minimum primary insurance covering your employees, agents, contractors, and assigns for the duration of the Agreement and as long as reasonably necessary thereafter to adequately cover the obligations set out in the Agreement: 1) general commercial or personal liability insurance in amounts not less than $1,000,000.00 per claim and $3,000,000.00 aggregate; 2) vehicle insurance in the same amounts to cover all vehicles used in connection with the Agreement; and 3) workers’ compensation insurance to cover all of Your employees, if any. Companies or individuals domiciled in Japan may provide insurance by a Japanese insurance company with policy limits in Yen equivalent to the amounts above, and such insurance shall cover Your contracted goods, services, and property in the United States, if any. Such insurance will expressly cover you and your group as Performers and participants, if you are performing or participating in an SPJA event or program. If You are serving food, liquor, or providing security, You shall secure additional insurance coverage appropriate to such activities, including for example, but not limited to, liquor liability insurance. Nothing here limits your obligation to obtain necessary appropriate levels of insurance coverage for all Your services, goods, activities, and participation in relation to the SPJA, the amounts set forth above being minimums. Before starting to provide any goods or services, and again no later than thirty (30) days before you are scheduled to provide goods or services at any SPJA Event, you will deliver to SPJA a Certificate of Insurance as proof of such insurance naming the SPJA as an additional insured. If You receive payment by Your insurance company for a claim made against the SPJA, when the SPJA has incurred damages or costs in connection with such claim, You shall surrender the proceeds of that insurance payment to the SPJA to the full extent of its payment thereof.
  16. INJURIES/RELEASE. You agree to completely release and hold the SPJA and its officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, public officials, successors, and assigns harmless from any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, and/or claims of every kind or nature, whether known or unknown, in law or equity, including employment claims and acts or omissions by third parties such as medical providers, arising from or related to Your engagement with the SPJA. This release does not apply to acts of gross negligence or intentional, willful, or wanton misconduct on the part of the SPJA.
  17. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other party and each of its successors, assigns, employees, officers, directors, members, agents, representatives, or subsidiary companies (each an “Indemnified Party”) from any third party claim, suit, damage, loss, or expense (including reasonable attorneys’ fees) arising from the acts or omissions of the indemnifying party or any of its successors, assigns, employees, agents, or representatives (each an “Indemnifying Party”). This Section applies to, but is not limited to, any third party defamation or intellectual property infringement claim arising from the Indemnifying Party’s acts or omissions. The party seeking indemnification shall give the Indemnifying Party prompt written notice of any claim, demand, or action for which indemnity is sought.
  18. EVENTS OF DEFAULT. It shall be an event of default hereunder by either party if that party (a) fails to pay any sums when due pursuant to the Agreement; or (b) otherwise materially breaches the Agreement; and such breach remains uncured for a period of fourteen (14) days after written notice thereof to the breaching party, (or, in the case of a breach relating to obligations set forth in Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, or 16 herein, such breach is not cured in seven (7) days); or (c) is adjudicated as insolvent, declares bankruptcy, or files or has filed against it, any petition in bankruptcy; or (d) fails to continue its business.
  19. ASSIGNMENT. Your obligations under the Agreement may not be assigned or transferred to any other person, firm, corporation, or entity without the prior written consent of the SPJA.
  20. FORCE MAJEURE. The SPJA shall not be liable for a delay in SPJA Events or its performance of its obligations and responsibilities under the Agreement due to causes beyond its control, including, without limitation, weather, interruption or failure of telecommunication or digital transmission links, war, strikes, lockouts or work stoppages or other labor difficulties, supplier failures (including failure of performance of any carrier), energy failures, embargo, national, regional, or local emergency, insurrection or riot, acts of the public enemy, fire, flood, or other natural disaster, vandalism, explosion, any federal, state or municipal law, order, regulation, direction, action or request, breaches or delays, damage to or destruction in whole or in part of the streets, sidewalks, civic center, telephone, internet, or cable service or electrical energy systems, inability to obtain telephone or cable service or electricity, or damage to or destruction in whole or in part of any components essential to connection to the Internet or any other causes, contingencies, or circumstances within or without the United States not subject to the SPJA’s complete control which prevent or hinder SPJA Events or the SPJA’s performance under the terms of the Agreement or make the fulfillment of the Agreement impracticable (a “Force Majeure Event”). If performance or timely performance is made impracticable or impossible by the occurrence of Force Majeure Event, the SPJA shall not be deemed to have breached the Agreement. Further, in the event that the SPJA is unable to meet its obligations hereunder because of such Force Majeure Event and an SPJA Event is cancelled, the SPJA shall have no obligation to reschedule it or to refund any fees paid to it hereunder.
  21. DISPUTE RESOLUTION. The parties agree to meet and confer in good faith to attempt to resolve any dispute arising out of or related to the Agreement. Any dispute that is not resolved within forty-five (45) days and that exceeds the jurisdictional limits of small claims court, may be submitted to mediation upon mutual agreement of the parties to mediate, under a mutually agreeable mediator or, if none can be found, under JAMS. If the parties do not agree to mediate, or mediation is unsuccessful, the dispute shall be submitted to binding arbitration in Los Angeles, CA before JAMS under JAMS arbitration rules as quickly as an arbitrator is available. The arbitration shall be held with only one mutually agreeable arbitrator, or, if one cannot be found, under JAMS’ rules for choosing an arbitrator. The arbitrator may order limited discovery in accord with JAMS' Recommended Arbitration Discovery Protocols and JAMS' Comprehensive Arbitration Rule 17 (or any amendment thereof). The arbitrator may not revise or alter the terms of the Agreement. The arbitrator shall be empowered to grant preliminary and permanent equitable relief in addition to awarding damages. Each party shall have the right to be represented by counsel at arbitration, and the prevailing party in any arbitration or lawsuit shall be entitled to recover its reasonable attorneys’ fees and costs. The parties agree to abide by all decisions and awards rendered in the arbitration, and the arbitrator’s decisions and awards, including any decision about which party shall pay costs and/or attorneys’ fees, shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. Any small claims action must be brought in the Superior Court of Los Angeles, California. Notwithstanding the above, if either party determines in good faith that injunctive relief is needed, it may seek such injunctive relief in state or federal court.
  22. PERSONAL INFORMATION. You represent and warrant that in the course of providing services to SPJA, you will not take or receive any credit payments.  In the course of providing services to SPJA, You may come into possession of “Personal Information,” meaning information that identifies or can be used, alone or in combination with other information, to identify an individual. If processing credit cards is part of the services.  You agree to treat Personal Information gathered by or provided to You in accordance with all applicable privacy and other laws.
  1. AUDIT RIGHTS.
    • a) SPJA or its duly authorized representative shall have the right to examine Your records insofar as they relate to services or goods You provide to SPJA. For the avoidance of doubt, SPJA shall have no right to examine any records that relate to Your other events or other clients, or Your financial statements. Such audit inspection shall be made upon reasonable written notice, during normal business hours, and under such conditions as You may reasonably prescribe and not more than once per calendar year. If an error in the amount paid or payable to either party is discovered as a result of any such examination, the party in whose favor the error was made shall promptly pay to the other the amount of the error. Any such examination shall be at SPJA’s expense unless errors of accounting in SPJA’s favor amounting to 5% or more of the total sum paid to Client hereunder shall be found, and then Company shall contribute to the cost of the examination up to the amount of the error so determined.
    • b) In the event that in the course of a PCI compliance audit, Your PCI auditors flag concerns applicable specifically to Cardholder Data obtained by You in processing for SPJA’s Events (but not, for the avoidance of doubt, concerns applicable to Cardholder Data or Company’s Cardholder Data Environment generally), You shall notify SPJA of such issues as soon as reasonably practicable thereafter.
  2. RFID TECHNOLOGY. SPJA may use RFID technology for attendees at the Event. Performer may not alter or ask an attendee to alter any RFID equipment, or use RFID equipment in violation of FCC rules. NEITHER SPJA OR EVENTBRITE WILL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO USE OF THE RFID EQUIPMENT IN VIOLATION OF THE FCC RULES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
  1. SURVIVAL. The provisions of Sections 1, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 19, 21, 22, 23, 24, 25 and 26 of Schedule A shall survive termination of the Agreement.
  1. GENERAL PROVISIONS.
    • No waiver or amendment, including those made by custom, usage of trade, course of dealing, or failure of either party to exercise any right provided for herein, will be effective unless in writing and shall not be deemed a waiver of any other breach or right hereunder.
    • The Customized Agreement shall be construed using the intellectual property laws of the United States, and the laws of the State of California, except as they apply to conflicts of law. The parties consent to the jurisdiction of any federal or state court within Los Angeles, California.
    • The language in all parts of the Agreement shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes which provide for the language of an agreement to be construed against the drafter. If any provision of the Agreement is determined to be invalid or unenforceable, this Agreement shall remain in effect, and the offending provision shall be modified to the extent required to make the provision valid or enforceable, or if that is not possible, then that provision shall be stricken and all other provisions shall remain in effect.
    • This Agreement and its Schedules are personal to You and may not be assigned or transferred to any other person, firm, corporation, or entity without SPJA’s prior written consent; otherwise, the Agreement shall bind and be for the benefit of the parties and their heirs, fiduciaries, successors and permitted assigns.
    • Correspondence will be to the parties at the addresses specified below or to such other places that the parties designate from time to time in writing. A copy of each such notice shall also be sent to SPJA, 1522 Brookhollow Drive Suite 1, Santa Ana, CA 90022.
    • Paragraph headings used herein are for convenience only and shall not affect the interpretation nor be deemed to be a part of the Agreement.
    • No party hereto has relied upon any other promise, representation or warranty, other than those contained herein, in executing the Agreement.
    • Each person signing the Agreement represents and warrants that s/he has the authority to sign it and to bind any company on whose behalf s/he purports to sign. The Agreement may be signed in counterparts, which together shall constitute one contract. Faxed or scanned signatures shall be construed to be as valid as originals.

 

Fan Panelist Participation Agreement

In consideration for being permitted to participate as a Panelist or Workshop Host (for convenience, “Panelists”) for a Panel or Workshop (both, a “Panel”) at Anime Expo (the “Event”), I (“I” or “You”) agree to the following terms.  SPJA’s Standard Terms and Conditions for Attendee Registration apply to my Panel participation.

  1. Panel Participation. I intend to freely give my services to The Society for the Promotion of Japanese Animation (“SPJA”) as a Panelist, and I agree that participating in a Panel is an opportunity with real value to me. I agree that I am not eligible to receive compensation of any kind in return for my participation. SPJA may cancel my Panel for any reason and under no circumstances will SPJA be under any obligation to I am not an employee of SPJA and that I am not covered by SPJA’s employee benefits or Workers Compensation insurance.
  2. If I cancel my Panel less than two (2) weeks before the Event, SPJA may give me lower priority or limit the number of Panels I may apply to present in the following year’s Event.
  3. I agree that my failure to follow these procedures may result in AX Staff interrupting or cancelling my Panel:
    • (a) I will handle all technical equipment carefully (i.e. no dropping microphones).
    • (b) I will adhere to the content rating level for which my Panel was approved (such as: G, PG, 18+). Content modifications made after my application must first be approved by the SPJA’s Division Manager of Programming.
    • (c) I will end my Panel in a timely fashion and understand that if my Panel does not end at the designated time sound and video will be cut.
    • (d) I will cooperate fully and promptly with the requests of SPJA and LACC representatives, whether employees, volunteers, contractors, or security personnel (“SPJA/Venue Reps”) and will refrain from any acts that the Panel room supervisor asks me to stop doing.
  4. Care. I will participate in a Panel (and activities before and after the Panel) in compliance with applicable laws, regulations, rules, and SPJA Policies in a safe, conscientious, and courteous manner. I agree that if I deface, harm, damage, or injure any people or property in connection with my Panel participation, I shall be solely and personally responsible for paying any and all costs and incidental or consequential damages relating to the harm, replacement or repair of the damaged person, item or facility. I will accept supervision and direction from SPJA staff, directors, volunteers, and safety and medical volunteers. I understand that I may be subject to immediate removal from a Panel, without prejudice to further action by SPJA after my removal.  I will not consume substances with a mind-altering or judgment-altering potential, such as alcohol, medications, or other drugs that may alter my ability to participate in a Panel safely, conscientiously, and courteously. I will immediately report any and all potential hazardous conditions or actual injuries that I observe or receive to any SPJA safety or medical volunteer, a SPJA/Venue Rep, or to any police or other civic officer nearest my vicinity.  I will make such a report no matter what the extent or cause of the potential hazardous condition or actual injury.
  5. WAIVER & RELEASE. I PARTICIPATE IN A PANEL AT MY OWN RISK. I UNDERSTAND THAT MY PARTICIPATION IN A PANEL HAS INHERENT RISKS AND DANGERS, INCLUDING BUT NOT LIMITED TO HARM, LOSS, OR INJURY TO ME, MY PERSON OR PROPERTY, AND THAT AS A CONDITION OF BEING PERMITTED TO PARTICIPATE IN A PANEL, I HEREBY DO ASSUME AND ACCEPT THESE RISKS. If I become ill or injured, I authorize any SPJA/Venue Rep to seek and obtain emergency or medical services as may be deemed necessary, but agree that they shall not be obligated to do so. I hereby agree to completely release and hold SPJA, the city of Los Angeles, LACC, other venues, and hotels in which the Event or any part of it is held, and their officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, attendees, public officials, successors and assigns (“Released Parties”) harmless of and for any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, and/or claims of every kind or nature, whether known or unknown, in law or equity, including third party claims, employment claims, and acts or omissions by third parties such as medical providers, arising from or in any way connected with my participation in a Panel.  This waiver of liability and claims does NOT apply to any acts of gross negligence or intentional, willful, or wanton misconduct on the part of any Released   I intend and desire for this waiver and release to be interpreted as broadly as permitted under California law.  This waiver & release shall continue in full force and effect even after the conclusion of the Event.
  6. SPJA Policies I have read and will abide by SPJA’s Policies, including but not limited to the Code of Conduct and Youth Protection Policy (“YPP”) as displayed on the Anime Expo website at the time of my Panel. I represent and warrant that I am not disqualified under Section 5 of the YPP, and that if anything changes and I become disqualified under Section 5 of the YPP, I will inform SPJA and I will not present the Panel. I will make an effort to view the YPP training videos before the Event. Abusive behavior, such as verbal abuse, inappropriate sexual remarks or touching, threats of violence, or any other violation of the Code of Conduct will not be tolerated and may result in expulsion from the Panel or Event.
  7. Confidentiality. While involved with SPJA, I may be exposed to valuable information which SPJA deems confidential (the “Information”). This Information may include, but is not limited to, information about SPJA’s methods, techniques, “know-how,” merchandising, licensing, vendors, sponsors, directors, personnel, clients, membership, marketing, contracts, formulas, patterns, compilations, intellectual property, guests of honor and specifically includes all procedures and information related to producing the Event, unless that information is: i) already public information; ii) learned from a third party not bound by a confidentiality agreement; or iii) which becomes public through no breach of the Agreement.  I will not divulge, without SPJA’s written consent, the Information to anyone who does not need to know to further SPJA’s purposes. I agree not to sell, deal in, or otherwise misappropriate the Information for any reason. I understand that the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1833(b) (the “DTSA”)), provides some protections to whistleblowers who confidentially disclose a trade secret to their Attorney, a government official, or in a court filing made under seal. If You intend to make a disclosure under the DTSA, while not a contractual obligation, she is urged to become familiar with the provisions of the DTSA to determine if any disclosure qualifies for such protection or for protection under other applicable whistleblower laws. This provision shall remain in full force and effect after the termination of the Panelist Agreement. I agree that I will not make statements to the media for, on behalf of, or about the SPJA, unless asked to do so by SPJA.
  8. Copyrights, Photographs, and Grant of Rights. I will not use content from anime creators or content owners in my Panel without their permission. I retain all copyrights in my Panel. I give SPJA permission to, and grant SPJA the exclusive right create still photographs and moving sound and audiovisual recordings of me and my Panel while at SPJA Events, in any manner or media now known or later discovered (the “SPJA Recordings”). SPJA shall own all rights, title, and interest in and to the SPJA Recordings, including copyrights (and any extensions and renewals thereof) throughout the world, in perpetuity.  I grant SPJA the worldwide exclusive royalty-free right to reproduce, stream, live simulcast, distribute and otherwise use my Panel, as depicted in the SPJA Recordings and not separately or apart from the SPJA Recordings, for any purpose, including but not limited to promoting SPJA and SPJA Events, in any manner or media, now known or hereafter discovered, in perpetuity. I will provide SPJA with a good quality copy of my written Panel materials, if any, and any PowerPoint, video, or media included in my Panel for its archives.
  9. Force Majeure. The SPJA shall not be liable in any way or form to me or anyone involved with my Panel for a delay or cancellation in SPJA Events or my Panel due to causes beyond its control, including, without limitation, weather, war, riot, damage to the facilities, acts of god, and the like (a “Force Majeure Event”).
  10. General Terms. a) No waiver or amendment, including those made by custom, usage of trade, course of dealing, will be effective unless in writing and shall not be deemed a waiver of any other breach or right hereunder; b) This Panelist Agreement shall be construed using the intellectual property laws of the United States, and the laws of the State of California, except as they apply to conflicts of law. I consent to the jurisdiction of any federal or state court within Los Angeles, California; c) The language in all parts of the Agreement shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes which provide for the language of an agreement to be construed against the drafter. If any provision of the Agreement is determined to be invalid or unenforceable, this Agreement shall remain in effect, and the offending provision shall be modified to the extent required to make the provision valid or enforceable, or if that is not possible, then that provision shall be stricken and all other provisions shall remain in effect. d) This Agreement is personal to You and may not be assigned or transferred to any other person, firm, corporation, or entity without SPJA’s prior written consent; otherwise, the Agreement shall bind and be for the benefit of the parties and their heirs, fiduciaries, successors and permitted assigns; e) Correspondence will be to the parties at the addresses specified below or to such other places that the parties designate from time to time in writing. A copy of each such notice shall also be sent to SPJA Counsel, 50 Balmy Law P.C., 50 Balmy Alley, San Francisco, CA 94110. f) Paragraph headings herein are for convenience only and shall not affect the interpretation nor be deemed to be a part of the Agreement. g) No party has relied upon any promise, representation or warranty other than those herein.
  11. I SIGN THIS FORM (OR THE PANELIST ACKNOWLEDGEMENT FORM WHICH INCORPORATES THESE TERMS BY REFERENCE) VOLUNTARILY, OF MY OWN FREE WILL. I HAVE READ THIS ENTIRE FORM I UNDERSTAND AND AGREE THAT BY SIGNING THIS AGREEMENT, WAIVER AND RELEASE, I GIVE UP CONSIDERABLE FUTURE LEGAL RIGHTS. MY SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND TO RELEASE SPJA OF ALL LIABILITY TO THE FULLEST EXTENT OF THE LAW. I AM AT LEAST 18 YEARS OLD, AM COMPETENT, AND I HAVE THE AUTHORITY TO SIGN THIS AGREEMENT.
  12. Parent/Guardian’s Additional Release if Panelist is a Minor: I, the undersigned, represent and warrant that I have the authority to enter into this Agreement on the minor’s behalf, and agree that these terms and conditions apply to the minor and to me.

 

Industry Panelist Participation Agreement

I am presenting a Panel or Workshop (both for convenience, a “Panel”) at Anime Expo (the “Event”) as part of a Guest of Honor, Performer, Exhibitor/Sponsor, or other customized contract signed with SPJA as identified in the signature block of my “Customized Contract”.  In addition to the terms of that Contract, which apply to and cover my participation as a Panelist, I (“I” or “You”) agree to the following terms for my Panel.

  1. If I cancel my Panel less than two (2) weeks before the Event, SPJA may give me lower priority or limit the number of Panels I may apply to present in the following year’s Event.
  2. I agree that my failure to follow these procedures may result in AX Staff interrupting or cancelling my Panel:
    • (a) I will handle all technical equipment carefully & respectfully (i.e. no dropping microphones).
    • (b) I will adhere to the content rating level for which my Panel was approved (such as: G, PG, 18+). Content modifications made after my application must first be approved by the SPJA’s Division Manager of Programming.
    • (c) I will end my Panel in a timely fashion and understand that if my Panel does not end at the designated time sound and video will be cut.
    • (d) I will cooperate fully and promptly with the requests of SPJA and LACC representatives, whether employees, volunteers, contractors, or security personnel (“SPJA/Venue Reps”) and will refrain from any acts that the Panel room supervisor asks me to stop doing.
  3. Care. I will participate in a Panel (and activities before and after the Panel) in compliance with applicable laws, regulations, rules, and SPJA Policies in a safe, conscientious, and courteous manner. I will accept supervision and direction from SPJA staff, directors, volunteers, and safety and medical volunteers. I understand that I may be subject to immediate removal from a Panel, without prejudice to further action by SPJA after my removal. I will not consume substances with a mind-altering or judgment-altering potential, such as alcohol, medications, or other drugs that may alter my ability to participate in a Panel safely, conscientiously, and courteously. I will immediately report any and all potential hazardous conditions or actual injuries that I observe or receive to any SPJA safety or medical volunteer, a SPJA/Venue Rep, or to any police or other civic officer nearest my vicinity.  I will make such a report no matter what the extent or cause of the potential hazardous condition or actual injury.
  4. WAIVER & RELEASE. The Release and Indemnification provisions of the Customized Contract apply to me and my Panel presentation and participation.
  5. SPJA Policies I have read and will abide by SPJA’s Policies, including but not limited to the Code of Conduct and Youth Protection Policy (“YPP”) as displayed on the Anime Expo website at the time of my Panel. I represent and warrant that I am not disqualified under Section 5 of the YPP, and that if anything changes and I become disqualified under Section 5 of the YPP, I will inform SPJA and I will not present the Panel. I will make an effort to view the YPP training videos before the Event. Abusive behavior, such as verbal abuse, inappropriate sexual remarks or touching, threats of violence, or any other violation of the Code of Conduct will not be tolerated and may result in expulsion from the Panel or Event.
  6. I SIGN THIS FORM (OR THE PANELIST ACKNOWLEDGEMENT FORM WHICH INCORPORATES THESE TERMS BY REFERENCE) VOLUNTARILY, OF MY OWN FREE WILL. I HAVE READ THIS ENTIRE FORM I UNDERSTAND AND AGREE THAT BY SIGNING THIS AGREEMENT, WAIVER AND RELEASE, I GIVE UP CONSIDERABLE FUTURE LEGAL RIGHTS. MY SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND TO RELEASE SPJA OF ALL LIABILITY TO THE FULLEST EXTENT OF THE LAW. I AM AT LEAST 18 YEARS OLD, AM COMPETENT, AND I HAVE THE AUTHORITY TO SIGN THIS AGREEMENT.
  7. Parent/Guardian’s Additional Release if Panelist is a Minor: I, the undersigned, represent and warrant that I have the authority to enter into this Agreement on the minor’s behalf, and agree that these terms and conditions apply to the minor and to me. 

Version Approved for Use 3/29/2017

Panelist Acknowledgement Form

AX PANELIST ACKNOWLEDGMENT FORM

The following information is to help your panel run smoothly and on time!

Panel/Workshop Title: __________________________________________ Panel Date: __________

If any, 2017 Customized Contract Applicable (Name of Company, GOH, etc.):  _______________________________

FOR PANEL LEADS ONLY: 

If I am the person who arranged for this Panel (the “Panel Lead”) with Anime Expo (“AX”), I confirm that I checked in with Programming Operations at least two hours before my Panel. I also confirm that I informed the others participating on my Panel about the Panelist Participation Agreement, Waiver, & Release (“PPA”) and the SPJA Policies, and asked them to read them carefully before our Panel, and that I informed them before AX started that they will be required to sign this Acknowledgement Form before the Panel begins.  Initials: ______

THE REST OF THIS ACKNOWLEDGMENT FORM IS FOR ALL PANEL LEADS AND EVERY PANELIST: 

1) I carefully read the Panelist Participation Agreement, Waiver, & Release (“PPA”) and the SPJA Policies, incorporated here fully by reference, on-line at Anime-Expo.org before checking in at my Panel Room.

2) I checked in with AX Staff at the Sound Booth in my assigned Panel Room at least 20 minutes before my Panel.

3) I agree that my failure to follow these procedures may result in AX Staff having to interrupt or cancel my Panel:

  • I will handle all technical equipment carefully & respectfully (i.e. no throwing microphones).
  • I will adhere to the content rating level for which my Panel was approved (such as: G, PG, 18+).
  • I will end my Panel in a timely fashion and understand that if my Panel does not end at the designated time sound and video will be cut.
  • I will cooperate fully and promptly with the requests of SPJA and LACC representatives, whether employees, volunteers, contractors, or security personnel and will refrain from any acts that the Panel room supervisor asks me to stop doing

4) I understand that my technical requests are not guaranteed and that if I did not notify AX Staff of technical needs before the start of Anime Expo (“AX”), I understand AX will not provide it to me onsite.  We will notify you if we can or cannot fulfill your requests before your panel begins.

5) I will not use content from anime creators or content owners in my Panel without their permission.

6) I agree that if I have concerns about any actions taken during my Panel, I will take the concern to Programming Operations located in 509C.

By signing this Acknowledgment Form, I confirm that I have read, understand, and agree to be bound by the PPA, including its Waiver & Release, and to comply with the SPJA Policies.  I affirm that I am not disqualified under the SPJA Youth Protection Policy’s Section 5.

Print Panelist Name                        Panelist Signature                            Date                      Panelist Hotel/Room # During Event

I confirm that the person identified above personally signed this Acknowledgement Form in front of me.

Print AX AVTLP Staff Name          AX AVTLP Staff Signature             Date                      Panel Room #

ADA

Effective Date: October 30, 2017

Anime Expo® and the SPJA reserve the right to modify and/or update this policy at any time.

SPJA is dedicated to accommodating all attendees, volunteers, and staff who may have disabilities that are protected by federal, state, and local public accommodations and accessibility laws. Although Event Facilities such as, but not limited to, the Los Angeles Convention Center, event hotels, and event programming venues such as Microsoft Theater and the NOVO are solely responsible for accessibility of and non-discrimination in their physical buildings, restrooms, and facilities, SPJA is ready and prepared to offer a hand to visitors with special needs or whom may require some sort of a reasonable accommodation.  SPJA offers, for example:

  • ASL interpreters for the deaf at large panels and events;
  • A limited number of volunteer interpreters available for individual assistance;
  • Limited special seating for programming events; and
  • Event Registration service and support for attendees with mobility issues
  • Accessible shuttle service.

If you are an attendee who needs reasonable accommodation, SPJA wants to make your experience as fun and entertaining as possible.  There are a few limitations, however, on what SPJA reasonably can provide. Please note:

  • Programming rooms fill up quickly, and all seating is on a first-come, first- served basis, so special seating may not be available if you wait until the last minute to get to the room.  Please read the program guide, check the mobile app for the most up-to-date schedule information, and plan your day accordingly, keeping in mind the popularity of most events.
  • Elevators can be crowded and slow.  Please plan in advance and allow plenty of time to change floors.
  • Please try to provide at least 30 days’ notice if you will be requesting any special aides such as ASL interpreters. Anime Expo understands that things can change at the last minute and will nonetheless attempt to accommodate you as best as possible irrespective of such last minute notice.
  • Service animals must be obedient and behave in a manner that is safe and non-threatening for other attendees and other service animals at all times.  Only service animals will be permitted into SPJA Events.  If service animals are behaving in ways that fundamentally alters the services offered by Anime Expo, such as behaving aggressively toward other service animals (barking, lunging, growling, snarling, scratching, biting) or toward other attendees, or howling in concerts, or is otherwise disruptive, Anime Expo may impose restrictions or ask that you remove the service animal from the premises, and you agree to and will cooperate with Anime Expo’s requests.  You may continue to participate while your service animal remains outside.  No poisonous or illegal exotic service animals are permitted.
  • Each disabled attendee is allowed one (1) helper for events and panels that have special seating.  Each disabled attendee and helper must purchase an entry badge through event registration on-line or on-site.
  • If you need a break from the crowds for any reason, please visit any Information Services booth to request access to a SafeSpace or visit the Quiet Lounge (room location TBA). We recommend visiting the Quiet Room if you need a peaceful place to rest or simply a reprieve from the noise.
HOW TO APPLY FOR DISABLED SERVICES
  • In order to receive disabled services at Anime Expo, a disabled attendee must apply for and receive a disabled credential, and his or her helper must also have a disabled helper credential. 
  • Before you apply for the disabled credential and a disabled credential for your helper, you must first make sure that you (the attendee) and helper have registered and paid for a badge on the Anime Expo website. You and the helper can also purchase a badge at Registration if you are on site.
  • To apply, you and the helper must visit the Information Services Booth in South or West Lobby or Event Operations Office at Room 508A in person at the Event, to request for a disabled credential.
  • At Information Services or Event Operations, please make sure you let the counter person know that you are requesting a disabled credential for your badge.
  • The counter person may ask you and your helper for a valid photo identification.  Acceptable forms of identification must have a photo and may be Driver’s License, School ID, Passport, Military ID, or any government-issued ID.

We CANNOT ask for proof of disability under any circumstances.  If anyone asks you, doing so was a mistake, and you may simply decline to provide it.  However, we ask you to be honest and not apply for Disabled Accommodations just to get special access if you don’t really need it.

  • The counter person will write down the attendee’s and helper’s name, date of birth, and contact information.  Please provide yours and your helper’s most up to date contact information.  You and your helper will then be asked to sign and date the request form.
  • You will receive a disabled credential for Disabled attendee and a disabled credential for your AX helper as appropriate to your application.
  • The counter person will attach the disabled credential directly to the FRONT of the disabled attendee’s badge and the attendee’s helper badge.
  • Disabled Helper may accompany the Disabled attendee when such attendee is using such access accommodations, but in NO event will such access accommodations be made available to a Helper unaccompanied by a Disabled attendee.

For additional questions or special requests, please contact us at ADA@anime-expo.org

AUTOGRAPHS: PROCEDURES FOR DISABLED ATTENDEES

What’s the procedure for disabled guests and their helper? What’s the procedure if a disabled guest does not have a helper?

  • All Autograph Ticketing will be on a first-come, first-served basis. To ensure fairness, no exceptions will be made to this policy.
  • The disabled attendee and helper each need a ticket for each autograph session they attend, whether their ticket is a Priority ticket or a Standby ticket.  If the disabled attendee for any reason cannot wait in line to get a ticket, please inquire with an Autographs Volunteer to get a proxy’s assistance with waiting in line with the disabled attendee’s helper, if any.
  • Disabled attendees don’t need to have a helper with them. If they have one, they can have the helper go to the front with them for Priority tickets. For Standby tickets, it will be the same procedure for waiting in line.
  • Once a session begins, Priority ticketholders must be in line when the session starts. For Standby ticketholders, they can come during the session and line up in numerical order in a designated area away from the guaranteed ticket line.
  • Disabled attendees with Priority tickets are allowed front-of-line access due to time constraints of each session. Disabled attendees with Priority tickets should arrive at least 15 minutes before the session in order to be placed at the front of the line.
  • Standby tickets are not guaranteed “front-of-line access” as the ticket lines are organized numerically for fairness.  However, this procedure can be changed due to autograph session traffic. Disabled attendees with Standby tickets should arrive when the desired autograph session is halfway done as that will be the time when the organization of the Standby line is well underway. However, a proxy will be provided for a Disabled attendee with a Standby ticket should he/she desire one for any reason.

Autographs

HOW TO GET AN AUTOGRAPH FROM A GUEST AT ANIME EXPO

Please read this page carefully to find out how to get an autograph from guests at Anime Expo. However, please note that this policy does NOT apply to Industry Guests. Industry Guests are listed under the “Industry Appearances” tab on the Guest page. They also will be denoted as an “Industry Guest” with a corresponding tag on their thumbnail on the Guest page.

  • NOTE: Industry Guest autograph sessions are always not managed or organized by Anime Expo. You will need to visit the guest’s respective booth or company website for more information about the relevant policies and procedures. Please see the Guest's page for more information.

STEP ONE: CHECK THE AUTOGRAPH SCHEDULE (WHEN AVAILABLE)

  • You will need to know when the autograph session will take place in order to know when you need to line up to get the respective autograph ticket.
  • Guests may have 1-3 autograph sessions throughout the weekend.

STEP TWO: GET AN AUTOGRAPH TICKET

Autograph Ticket Info

  • All autograph sessions hosted by AX require an autograph ticket.
  • Tickets are limited to one per person per session and are distributed on a first come, first serve basis.
  • One autograph ticket will grant each attendee only one autograph. Only one autograph ticket may be redeemed per person per session.
  • Tickets are only valid for the session printed on the ticket.

There are two types of tickets:

  • Priority: These tickets are guaranteed* an autograph from the respective guest at the session printed on the ticket.
  • Standby: Standby ticket holders are not guaranteed autographs but will have a chance to receive autographs at the discretion of the Guest of Honor(s) they are waiting for.
  1. The line for the Autograph Ticket Booth will start outside of on Pico Blvd outside of South Hall/Kentia Hall.
    • This starts as one single line which will split into six lines and signs will be posted on the booths to indicate which one is for which booth.
    • If you’re unsure about where and how to line up, don’t hesitate to ask an AX Access Control Volunteer. (They can be identified by their red vests.)
  2. Ticket distribution starts at 8AM each day and ends at 12PM.
    • Tickets are distributed only for the autograph sessions scheduled on the same day.
    • For each session, 75 Priority Tickets will be issued first, followed by 50 Standby Tickets.
      • Standby ticket holders are not guaranteed autographs but will have a chance to receive autographs at the discretion of the Guest of Honor(s) they are waiting for.

STEP THREE: THE AUTOGRAPH SESSION

  1. Be sure to bring an item to be signed.
    • Attendees are responsible for providing their own items to be signed. All items are subject to Guest’s approval*.
      • All items must be properly licensed, and it is recommended that the item is from a project that the guest has worked on.
    • Rules and restrictions on what will or will not be signed are subject to change so please be sure to have your item checked by Autograph Staff prior to any session. Attendees are recommended to bring at least one backup item in case their item of choice cannot be signed.
  2. Head over to the Autograph Area in Kentia Hall. (Map coming soon)
    • Please refer to the Autograph Ticket to find out which booth/table the session will take place in.
    • Lines start 30 minutes prior to each session.
  3. If you have a:
    1. Priority Ticket: The number printed on a Priority Ticket does not correspond to your place in line.
    2. Standby Ticket: Standby ticketholders must line up numerically in their designated area behind the guaranteed ticketholders of the same session. Numbers are listed on each ticket.

IMPORTANT NOTES

  • Autograph sessions are subject to change or cancellation at any time without notice. Autograph tickets of any kind only denote eligibility to receive an autograph at the specified Guest of Honor’s scheduled signing session.
  • If you have questions about the autograph session or policy, please ask an AX Autographs Volunteer at the Autograph Ticket Booth, located on Pico Blvd outside of South/Kentia Hall. (Map coming soon)
  • Premier Fans do not get special privileges for Autograph Ticketing or Autograph Sessions. They must line up for ticketing and sessions along with regular attendees.No exceptions will be made.

*As long as there are no extraordinary circumstances such as natural or man-made disaster, illness, or giant robot attacks that prevent the GoH from holding an autograph session.

AUTOGRAPHS: PROCEDURES FOR DISABLED ATTENDEES

What’s the procedure for disabled guests and their helper? What’s the procedure if a disabled guest does not have a helper?

  • All Autograph Ticketing will be on a first-come, first-served basis. To ensure fairness, no exceptions will be made to this policy.
  • The disabled attendee and helper each need a ticket for each autograph session they attend, whether their ticket is a Priority ticket or a Standby ticket.  If the disabled attendee for any reason cannot wait in line to get a ticket, please inquire with an Autographs Volunteer to get a proxy’s assistance with waiting in line with the disabled attendee’s helper, if any.
  • Disabled attendees don’t need to have a helper with them. If they have one, they can have the helper go to the front with them for Priority tickets. For Standby tickets, it will be the same procedure for waiting in line.
  • Once a session begins, Priority ticketholders must be in line when the session starts. For Standby ticketholders, they can come during the session and line up in numerical order in a designated area away from the guaranteed ticket line.
  • Disabled attendees with Priority tickets are allowed front-of-line access due to time constraints of each session. Disabled attendees with Priority tickets should arrive at least 15 minutes before the session in order to be placed at the front of the line.
  • Standby tickets are not guaranteed “front-of-line access” as the ticket lines are organized numerically for fairness.  However, this procedure can be changed due to autograph session traffic. Disabled attendees with Standby tickets should arrive when the desired autograph session is halfway done as that will be the time when the organization of the Standby line is well underway. However, a proxy will be provided for a Disabled attendee with a Standby ticket should he/she desire one for any reason.

Code of Conduct

Effective Date:  April 28, 2017

Anime Expo® and the SPJA reserve the right to modify and/or update this policy at any time in their sole discretion and without prior notice.

CODE OF CONDUCT

Following this simple Code of Conduct helps ensure a safe convention and that everyone will have fun.  Your own good judgment and courtesy towards others are key.

Please watch out for each other, take care of one another, help those who need help, and be careful.  Play it clean, sober, and safe!  Please don’t leave the Event with strangers, and make sure that your friends know when you leave or if you are going home early.

  • Please don’t hesitate to call security if you see anything suspicious.
  • Minors should not go to hotel rooms with unknown adults.

To participate in and/or attend any SPJA Event (referred to below as the “Event” regardless of whether it’s Anime Expo, Project Anime, or another one of our Events), you must comply with this Code of Conduct in order to attend and/or participate in these Events. SPJA reserves the right to modify and/or update any SPJA policy at any time without prior notice.  Violation of this Code of Conduct may result in forfeiture of your Event badge, your expulsion from the Event and/or termination of your position with SPJA.  Where the Code of Conduct refers to “SPJA’s written consent”, such written consent may be in the form of a separate written exhibitor/sponsorship agreement, vendor agreement, facility rental agreement, or other form of written agreement or permit.  The Los Angeles Event Facilities, event hotels, Microsoft Theater, NOVO theater, and all other places where any Event programming is scheduled are “Event Facilities”.

BADGES

  • Please be prepared to show proof of age and identification when entering the Event or any program at the Event. We will only accept the following forms of identification: government-issued driver’s licenses or identification cards, passports, or military identification.
  • Please wear your Event badge at all times during the Event. Terms and conditions printed on the Badges apply to you and you must conduct yourself accordingly.

PROHIBITED ACTIONS AND ACTIVITIES

The following, as such violations are determined in SPJA’s sole discretion, are not permitted at the Event or its surrounding areas, including the parking lots, hotels, plazas, and structures:

  • Failure to be appropriately clothed, as determined by the sole discretion of SPJA. Please follow local laws, rules, and regulations when selecting your costume.
  • Assaulting, threatening, behaving inappropriately to another person, discriminating conduct of any nature whatsoever, making racial, religious, ethnic, national origin, sexual orientation, gender, or other slurs, bullying, and/or expressing any act of hatred towards another.
  • Lewd or offensive behavior, such as profanity, obscene language or conduct, exposing nipples or genitals, making recordings in bathrooms, bedrooms, or of nipples, genitals or up skirts.
  • Conducting commercial or business transactions without SPJA’s prior written consent, including without limitation, selling food or beverages from unauthorized carts, stands, or ice chests inside or outside Event venues or hotels; solicitation of money, contributions, or donations; distribution of commercial advertising or promotional material of any kind, such as signs, flyers, cards, or offers of discounts on rides, or other products or services; or offering samples of items which are sold, available for sale, or available in exchange for a donation or contribution.
  • Unlawful conduct or failure to comply with the policies, rules, or instructions of SPJA, Event staff, the Event facility, the hotel affiliated with the Event, or law enforcement officers.
  • Smoking / Vaping:
    - Never Inside: No smoking or vaping is permitted inside any of the Event Facilities, unless there is a place specifically designated by the Event Facility that permits either.
    - Limited Outside: Smoking or vaping must be at least 20 feet away from all entrances per California Government Code Sections 7596-7598; no smoking is permitted in outdoor dining areas LAMC 41.50 B 18 b.
  • Possessing any open can, bottle or other receptacle containing alcoholic beverages, except in areas specifically designated for the consumption of alcohol and in compliance with the SPJA’s Alcohol Policy.
  • Possessing any illegal substance. SPJA DOES NOT tolerate illegal substances in or around Events.
  • Any action that impedes the flow of traffic, creates a potential or actual hazardous condition, or is deemed to interfere with Anime Expo. Individuals may be asked to move or discontinue their actions.  By way of example, an individual may be asked to relocate or terminate an activity in order to disperse a crowd which impedes traffic flow.
  • Any noise or music that is disruptive to other attendees or the operation of the Anime Expo.
  • No Soliciting
  • Riding Hoverboards / Skateboards / Non-ADA Scooters / Segways: if you have one of these, please check it in at bag check or, if it fits, please keep it inside your bag within the Event Facilities.
  • Using Roller Skates / Roller Blades

PROHIBITED ITEMS

  • Stilts
  • Weapons (Please see our Weapons Policy for more info)
  • Drones / UAV’s
  • Illegal Substances
  • Stickers / Adhesive Graphics (Keep them in your bags/pockets and off the walls/floors of the Event Facilities)
  • All signs, whether for a costume prop or not, are prohibited unless approved in writing for use by Event staff.
  • Non-Service Live Animals – we might make an exception for a living Unicorn. Please check in with Con Ops for written permission.
  • Helium and Mylar Balloons
  • Lasers or Similar Items
  • Coolers
  • Oversized Backpacks / Bags: No bags over the airplane carry-on size are permitted. As a point of reference, the size limit for a standard airplane carry-on is 22 x 14 x 9 inches.  All bags, regardless of size, are subject to inspection at any time.
  • Motorized Vehicles (i.e. go-karts or kids’ battery-operated vehicles.)
  • Wheeled Carts / Wagons
  • Confetti / Loose Glitter (Glitter used on your costumes is OK)
  • Flammable Liquids
  • Open-Flame Use
  • Any activity prohibited by law and/or prohibited by any Event Facilities.

Cosplay Guidelines

Effective Date: April 28, 2017

Anime Expo® and the SPJA reserve the right to modify and/or update this policy at any time in their sole discretion and without prior notice.

COSPLAY GUIDELINES

At Anime Expo (“AX”), we celebrate the creativity of cosplayers and encourage everyone to cosplay whomever they wish–regardless of size, gender, age, religion, shape, color, or even species. Cosplay is all about having fun!

We simply ask that you follow the guidelines below and please keep in mind that AX is an all-ages event.

  • Shoes are required at all times.
    - Cosplaying a character that's barefoot? Please check out this tutorial on how to make "invisible shoes."
  • Costumes and clothing should not expose the body in such a way as to be deemed indecent exposure by the City of Los Angeles or the State of California. Private parts must be covered in an opaque material that will not slip or have gaps.
  • Males wearing tight-fitting costumes are required to wear a dance belt.
  • Costumes worn on the convention floor must not obstruct or impede the flow of traffic or entryways. If the costume cannot fit through a standard doorway, it may not be allowed during general convention hours. Exceptions may be made day-of for Masquerade contestants.
  • Attendees with bulky costumes, costumes that obscure the vision, or costumes with large extensions such as wings or spikes, should have a designated “handler,” to assist them through the hallways and crowds.
  • Functioning wheels cannot be used as part of a costume or prop (i.e. anything that you might ride, push, or pull). We love your creativity, but please save the wheeled costumes/props for your photoshoots.
  • No costumes may be realistic depictions of American law enforcement, current American military uniforms, first responders, emergency medical personnel, or any official government agent. “Vintage,” historical, any non-current uniforms, and any military or police-style costumes may be addressed at the convention’s discretion (i.e., Resident Evil, Metal Gear Solid, etc.)

Program Room Policy

Policy Effective Date: May 18, 2017

Anime Expo® and the SPJA reserve the right to modify and/or update this policy at any time.

PROGRAM ROOM POLICIES

Program Rooms include:

  • Live Programming Rooms (i.e. panels and Q&A's)
  • Workshops
  • Video Rooms

These rooms will be checking badges upon entry. Please ensure that your badge is valid for that day and in clear view of room personnel to assist with line control.

WHAT IS REQUIRED TO ENTER:

  • Program Rooms:  All Program Rooms require verification of your badge and will check your badge upon entry. To help the lines move quickly, please be sure that your badge is valid for that day and is in clear view of room personnel.
  • Ticketed Events:  Ticketed Events require both a Badge and Ticket to enter the Ticketed Event. Please see our Ticketing FAQ for more information.
  • 18+ Events:  All 18+ Panel Events, Workshops, and Video Screening Rooms will require a wristband from either an Info Services Booth (located in South Hall, 2nd Floor Concourse Hall, and West Hall Lobby) along with a valid Badge.  Only those who verify with acceptable ID that they are 18 years of age or over as of the event date will be granted a wristband.

To receive the appropriate wristband attendees will need to present a valid ID to an Info Services Booth (located in South Hall, 2nd Floor Concourse Hall, and West Hall Lobby). The below is a list of ID’s that will be considered valid:

  • State Driver’s License
  • State Identification Card
  • Passport
  • Military ID

There will be no exceptions to the types of identification. Re-entry into the room will require the wristband. Please refrain from tampering in any fashion with wristbands provided for entry. If you are over the age of 18 you may not escort another person under the age of 18 into the room. Please do not leave children unaccompanied to attend an 18+ event.

ORDER OF ENTRY

When a room opens for entry we will allow attendees to enter in the following order:

  1. Disabled Services Priority Access Sticker Holders: These stickers can be retrieved from an Information Booth. Please procure them prior to arriving to the event.
  2. Premier Fan Badge Holders and press with valid Anime Expo® Press Badges.
  3. All other valid Badges with access to Live Programming, Workshop, and video rooms.

PLEASE NOTE:

  • Oversize Cosplay Props: These must be placed against the wall; do not place them in the aisle or on adjacent seats.
  • Photo/Video Policies:
    - Panel/Workshop Rooms: Permissions depend on each individual guest and presenter, therefore photo/video policies will be announced at the beginning of events as each has its own policy.
  • Video Rooms: No filming or photos allowed.

ROOM CLEARING

The following rooms generally WILL NOT be cleared between normal Panel Events:

  • Live Programming 1: LACC Petree Hall
  • Live Programming 2: JW Marriott Platinum Ballroom

EXCEPTIONS: Room clearing WILL occur prior to a Ticketed Event (i.e. concert, AMV Competition, Masquerade, etc.), fashion show, and 18+ content tracks.

  • In the event either room reaches capacity two separate lines will form outside: 1 General Attendee Line and 1 Premier Fan Line.
  • As Attendees leave the room a corresponding number of Premier Fans will be allowed entry first. Attendees in the General Attendee Line will be allowed in when the Premier Fan Line is empty.

The following rooms WILL be cleared between Panel Events:

  • Live Programming 3: LACC 408AB
  • Live Programming 4: LACC 411 (Theater)
  • Live Programming 5: LACC 404AB
  • Workshops 1: 403B
  • Workshops 2: 406AB
  • Video Rooms
    - Video Rooms may be cleared in preparation for highly anticipated showings. Please check mobile app session descriptions for more details.

Registration Policy

CANCELLATION POLICY

By registering for an Anime Expo badge you agree not to sell, trade, transfer or share your comp code, email confirmation, or badge. In the event that The Society for the Promotion of Japanese Animation (SPJA) determines that you have violated this policy, SPJA has the right to cancel your badge(s) and keep any money paid by you. Confirmations and/or badges that have been sold or provided by anyone other than SPJA will not be honored by SPJA.

You must wear and display your badge at all times while onsite during Anime Expo. All badges are the property of SPJA and must be relinquished to SPJA upon request. Anime Expo reserves the right to refuse admission, to refuse service and/or to cancel/revoke your badge at Anime Expo’s discretion.

You must register an individual name for each badge and that each name must match a legal photo ID. If SPJA determines that you have purchased more than one badge in your name for any day, SPJA has the right to cancel your duplicate badge(s) and issue you a refund less the processing fee.

REFUND & TRANSFER POLICY

All badges are non-transferable to the following year. Refund requests for Anime Expo 2018 badges must be received within 30 days of the purchase date. Refund requests for badges purchased in March of 2018 must be received by March 31, 2018.

Badges purchased after March 31, 2018 are non-refundable, non-transferable to other individuals and non-transferable to the following year.

SPJA reserves the right to change the Refund & Transfer Policy at any time without notification. Anime Expo reserves the right to refuse admission, to refuse service and/or to cancel/revoke your badge at Anime Expo’s discretion.

All refund requests must be sent via email with your full name & order confirmation number to registration@anime-expo.org

UPGRADE & DOWNGRADE POLICY

You can upgrade (1-Day to 4-Day) your badge by sending an email to registration@anime-expo.org. If your badge has already shipped, you must go to registration counter to process the upgrade onsite. Certain restrictions may apply.

Downgrades are not permitted. However, you may request a refund for your badges if it is within 30 days of your purchase date.

BADGE MAILING POLICY
Anime Expo will only ship 4-Day, 1-Day, Pre-Show, Premier Fan, and Artist Alley badges purchased between July 3rd, 2017 through 12:00 PM PT June 11th, 2018 within United States and Canada. Badge mailing will start in early May 2018. Premier Fan badges will be mailed out early June 2018. Badges will not be re-shipped under any circumstances. There will be no exceptions.

All orders will be mailed out to the 1st registrant’s shipping address. This includes orders with multiple registrants. The last day to change your shipping address is April 25th, 2018.
Shipping fees include shipping, handling, and badge activation. This is required for all badges and is non-refundable.

ONSITE BADGER PICK-UP POLICY

International attendees, badge transfers from AX 2017, attendees who purchased badges after June 11, Press, Exhibitor, and Industry badge holders must pick up badges onsite. Each registrant must pick up his/her own badge.
AGE RESTRICTION POLICY

Attendees age 13 years old and under must be accompanied by a parent or guardian over the age of 18 for the duration of their time at the event. Attendees under the age of 18 must be accompanied by an adult to pick-up their badge.

Any programming designated as 18+ will require attendees to show a valid photo ID to get an 18+ wristband at any Info Services booth in order to gain admittance.

Purchase a badge appropriate for the child’s age by the first day of attendance of Anime Expo 2018.

Children ages 0 – 5 are free and are not required to register for a badge.
Children ages 6 – 13 must purchase a child badge for $35.
Children ages 14+ must purchase a 4-Day general attendee badge. Please check the website for most current pricing.
LOST BADGE POLICY

Lost badges are subject to a reprint fee. To purchase a badge reprint, head over to the Registration Assistance counter.

Youth Protection Policy

1.Purpose and Goals

The Society for the Promotion of Japanese Animation (SPJA) recognizes the importance of protecting youth participants in SPJA events and activities, including online activities. SPJA has adopted a zero tolerance policy with regard to actions or behaviors that threaten the safety of young people, including violence, bullying, sexual harassment, sexual assault, and other inappropriate or potentially harmful actions or behaviors. SPJA views the safety and security of all participants—especially young people—as a top priority.

All participants at SPJA events and activities (including online activities) are encouraged to report any unsafe or inappropriate behaviors, conditions, or circumstances, including any violation of this Youth Protection Policy or violation of any other policy or rule intended to promote a safe environment.

This Youth Protection Policy has been developed with sensitivity to the unique cultural aspects of SPJA’s mission, events, and other activities.

The goals of this policy include:

  • Increasing awareness about potential risks and recognizing each individual’s ability to help protect SPJA’s youth participants;
  • Inspiring confidence and competence in identifying dangerous situations and behaviors; and
  • Creating a safe and fun environment for SPJA’s youth participants.

2. Scope

This policy applies to all SPJA-managed facilities and venues and to SPJA events and activities (including online activities), as well as to all individuals involved with or participating in SPJA events and activities, including employees, volunteers, panelists, performers, Guests of Honor (GOH), members of a GOH’s or performer’s entourage, Artist Alley participants, exhibitors, vendors, press (including reporters, photographers, and videographers), and others.

SPJA encourages everyone to:

  • RECOGNIZE that each individual can help protect youth;
  • IDENTIFY harmful actions and report them to an SPJA representative immediately;
  • CREATE a safe and fun environment for youth.

3. Prohibition of Attendance or Participation in an SPJA Event or Activity

SPJA may refuse to admit or may prohibit the participation of any individual who refuses to comply with SPJA policies, including this Youth Protection Policy. Any person who provides inaccurate or misleading information, or who is disqualified from participation pursuant to Section 5 (Disqualifying Criteria) below, will not be allowed to provide services on behalf of SPJA at that year’s events and activities, and may be permanently disqualified from working with SPJA in the future.

Those desiring to provide goods or services at SPJA events must comply with the following requirements, and not be disqualified under Section 5 (Disqualifying Criteria). 

a. Employees & Volunteers

  • All individuals applying for an employee or volunteer role at SPJA must:
  • complete an online application
  • provide appropriate and accurate information, including full legal name
  • complete SPJA’s online youth protection training at www.youthprotectionportal.org/SPJA
  • agree to SPJA’s Code of Conduct for employees and volunteers
  • consent to a criminal history background check conducted by a third party vendor retained by SPJA, and
  • provide truthful information as required by the background check provider in order to facilitate the background check.

b. Panelists, Performers, Guests of Honor, Guest of Honor or Performer Entourages, and Artist Alley Participants

  • Each panelist, performer, Guest of Honor (GOH), GOH or performer entourage member, and Artist Alley participant who will attend SPJA events is strongly encouraged to complete SPJA’s youth protection training available at www.youthprotectionportal.org/SPJA. The training provides information and tips to help you contribute to a safe and comfortable event or activity environment for all attendees and participants, especially youth.
  • Although panelists, performers, Guests of Honor (GOH), GOH or performer entourage members, and Artist Alley participants are not required to complete a background check, they are strongly encouraged to do so, and may do so at SPJA’s expense through its third party vendor.  They are also strongly encouraged to discuss internally and with SPJA how to use carefully focused background checks to disqualify people with known histories of misconduct involving youth, as part of an industry-wide conversation about youth protection.

c. Exhibitors, Vendors, and Members of the Press and Industry

  • Each exhibitor, vendor, member of the press, or member of industry who will attend SPJA events is strongly encouraged to complete SPJA’s youth protection training available at www.youthprotectionportal.org/SPJA. The training provides information and tips to help you contribute to a safe and comfortable event or activity environment for all attendees and participants, especially youth.
  • Although exhibitors, vendors, members of the press, and members of industry are not required to complete a background check, they are strongly encouraged to do so.  They are also strongly encouraged to discuss internally and with SPJA how to use carefully focused background checks to disqualify people with known histories of misconduct involving youth, as part of an industry-wide conversation about youth protection.

4. Code of Conduct

To promote a safe environment and protect the many young participants at SPJA events and activities, SPJA has adopted a Code of Conduct which specifies behavioral expectations for SPJA employees and volunteers.

5. Disqualifying Criteria

a. Employees and Volunteers

Any SPJA employee, volunteer, or applicant for an employee or volunteer position will be deemed ineligible for service or participation at SPJA if the individual:

  • fails to complete a required screening process or fails to provide necessary information required to complete the check. 
  • otherwise provides information that is false or intended to be misleading;
  • was previously terminated from a paid or volunteer position due to misconduct involving a youth; or
  • was previously found or determined by SPJA to have engaged in misconduct involving youth at or around an SPJA event or activity; or

b. Panelists, Performers, Guests of Honor, Guest of Honor or Performer Entourages, and Artist Alley Participants

In addition, and although they are not required to complete background checks, any performer, guest of honor, GOH or performer entourage member, panelist, Artist Alley participant, press, exhibitor, or vendor position will be deemed ineligible for service or participation at SPJA events if the individual:

  • provides information that is false or intended to be misleading;
  • was previously terminated from a paid or volunteer position due to misconduct involving a youth; or
  • was previously found or determined by SPJA to have engaged in misconduct involving youth at or around an SPJA event or activity.

In addition, reportable convictions or disclosures of registrations, for any of the following criminal offenses or registrations will prompt a determination that an applicant for an employee or volunteer role does not meet SPJA’s criminal background screening criteria:

a. Any reportable felony conviction (crimes punishable by confinement greater than one year) involving violence, sexual activity, or harm to children, including distributing alcohol or drugs to minors:

  • Defined on the basis of exposure for the offense for which the defendant was convicted, pled guilty or pled nolo contendere. If pled down, then the crime to which the defendant ultimately pled.
  • Defined as all crimes punishable by greater than one year in jail or prison, regardless of how characterized by jurisdiction. If range, alternate sentencing, or indeterminate sentencing with an outer range greater than one year.

b. Any reportable lesser criminal conviction involving force or threat of force against a person

c. Any reportable lesser criminal conviction of a sexual nature or classified as a sex offense including but not limited to ‘victimless’ crimes of a sexual nature such as prostitution, pornography, indecent exposure, and crimes in which sexual relations is an element

d. Any reportable lesser criminal conviction involving cruelty to animals

e. Any reportable lesser criminal conviction involving harm to a minor, including distributing alcohol or drugs to minors

f. Any Sex Offender Registrant

g. Any prior allegations of behavior at an SPJA event or activity that is inconsistent with our Youth Protection Policy.

Appeals Process: Any person for whom a background check is required who does not meet SPJA’s background check criteria will be given the opportunity to: (1) withdraw the application, or (2) dispute the accuracy of the background screening report through an appeals process with the third party background checking firm retained by SPJA.

Any decision regarding disqualified person will be documented and kept in an internal database of persons deemed ineligible for employee or volunteer roles at SPJA.

6. Responsibilities & Expectations

a. Youth Participants

  • Youth participants are present throughout SPJA events. Because of the crowded nature of SPJA events, children aged 13 years and younger must be chaperoned by an adult at all times. All SPJA representatives must be aware of their surroundings. If you notice an unaccompanied child who you believe to be aged 13 years or younger, contact your supervisor, or an SPJA representative who will notify Security or the Appropriate Supervisor. If the situation requires immediate intervention, engage another SPJA representative to assist you in approaching the child and contacting your supervisor.
  • SPJA representatives are prohibited from caring for children while providing services on behalf of SPJA. All SPJA representatives should ensure that their own children are under the care of an adult while at SPJA events, and should not agree to watch or take care of another person’s child or children for any amount of time, even momentarily.

b. Lost Child Policy

  • Unaccompanied children aged 13 years and younger are of an especially vulnerable age and are deemed critical missing. Children aged 14 years and older are not considered critical missing unless the child has a preexisting medical condition such as autism, Down syndrome, cerebral palsy, an intellectual disability, or another similar condition.
  • When a child deemed critical missing is reported missing, SPJA will use all available resources to find the child. A security officer and/or a designated SPJA staff member will stay with the parents or guardians at all times until the child has been found and reunited with their caretaker.

c. Found Child Policy

  • When an unaccompanied child aged 13 years or younger is found, the child should be escorted to the Event Operations office by two SPJA representatives or security officers—one male and one female. If the child is uncooperative or emotionally distraught, refrain from forcing the child to comply, and remain with the child in the current location. Request additional support if needed. If the child’s parents or guardians have not come forward to claim the child after 20 minutes, notify your supervisor and an SPJA director will contact the police.
  • When reuniting a child with their parent or guardian, ask for identification before releasing the child back into the custody of the parent or guardian. Document the identification information and a contact number for the parent or guardian.

d. Safety Concerns and SafeSpace Locations

  • Any SPJA event attendee who feels unsafe or concerned is encouraged to seek assistance from an SPJA representative, or to proceed to a SafeSpace location. Messaging about SafeSpace locations will be featured during SPJA events, and locations will be clearly marked. As an SPJA representative, one of your important responsibilities is to make sure you know where the SafeSpace locations are located, so that you can properly and compassionately assist any attendee who needs to find a SafeSpace.

e. Social Media

  • Social media is an important part of the SPJA’s events and activities. In most cases, social media sites and accounts are used to celebrate and promote culture. Young people may be more susceptible to negative experiences on social media sites, more likely to fall victim to harmful behavior, and more likely to engage in risky behavior. Some youth use social media to ‘try on’ alternative versions of themselves, behaving more boldly online than they would in person. Adding to the risk is the fact that youth may not have spoken with their parents or guardians about social media safety. SPJA is committed to providing a safe experience for young fans of culture, including on social media sites sponsored or supported by SPJA.
  • SPJA will not tolerate any conduct, including online activity, that puts young event participants at risk of physical, emotional or sexual abuse or bullying. Under no circumstances may any content of a sexual nature be transmitted to an underage attendee. Any SPJA attendee or representative who violates this strict policy concerning social media is subject to immediate dismissal. In addition, the transmission of any sexual content or requests for sexual contact made to an underage attendee will be promptly reported to law enforcement.

f. Photography & Video

  • Photography is generally allowed and encouraged at SPJA events. However, photography is prohibited in certain areas and all SPJA event participants and representatives have the right to privacy. Thus, permission should be obtained before a photograph is taken, and if an individual indicates that they prefer not to have their photograph taken, this should be respected in all cases, including by professional and amateur photographers. Additionally, no youth attendee should be photographed in private, either on-site or off-site, without a parent or guardian.
  • If you become aware of a situation where a person has been unwillingly photographed, or an inappropriate photograph has been taken, it is your responsibility to notify your supervisor right away. Persons taking inappropriate photographs or photographs of an unwilling subject are subject to discipline, up to and including immediate dismissal from an SPJA event.

g. Costuming & Cosplay

  • Cosplay is generally allowed and encouraged at SPJA events. However, inappropriate cosplay is prohibited. All SPJA event participants have the right to an expectation of a family-friendly environment. Thus, if you notice someone who is dressed or is behaving inappropriately, it is your responsibility to notify your supervisor right away.

7. Prohibited Activities

a. Abuse and Physical Force

  • All SPJA representatives are strictly prohibited from engaging in violent behaviors while at SPJA events, including but not limited to abusive or offensive language, hitting or shoving. If you become aware of violent behaviors involving youth, notify your supervisor right away.
  • This policy does not apply to official demonstrations of martial arts or other performances.

b. Sexual Contact or Communication

  • All SPJA representatives are strictly prohibited from engaging in sexual activity or contact or discussing sexual activity with any under-age participants. If you become aware of prohibited sexual contact or sexual communication involving youth, contact your supervisor right away.
  • Some SPJA events and activities feature adult programs that include discussions or displays of content that is sexual in nature. This content is restricted to adults 18 years of age and older. Any SPJA representatives who witness youth participants entering, participating in or attempting to gain access to adult-only programs should contact their supervisor right away.

c. Bullying and Harassment

  • In addition to the avoidance of physical, emotional and sexual abuse and inappropriate contact, SPJA representatives and participants are strictly prohibited from engaging in bullying or harassment of other participants or SPJA representatives. If you become aware of a bullying or harassment situation, notify your supervisor right away.

d. Inappropriate Photography

  • Photographs may not be taken in restrooms, dressing rooms, or from an angle intended to expose or reveal a participant’s undergarments or any part of the body intentionally covered by a costume.

8. Reporting

a. Child Abuse Definition

  • SPJA defines child abuse as any action or inaction that injures or creates the possibility of injury to a child or youth. Injury may be physical, psychological or emotional in nature.

b. Suspected or Actual Child Abuse or Injury

  • Under California law, SPJA representatives are not mandated reporters of suspected or actual child abuse. However, if you suspect that a child or youth is being injured or abused by anyone—including a parent, guardian, caretaker, unrelated adult, or another child—SPJA requires that you notify your supervisor right away. Your supervisor will be able to help you assess the situation and determine the appropriate steps to take to resolve your concerns.

c. Escalation Process

  • If you witness an incident, or you are approached by an SPJA attendee who has been a victim or who has witnessed an incident of abuse or misconduct, notify your supervisor right away. Your supervisor will be able to help you assess the situation and determine the appropriate escalation process.

d. Anonymous Report

  • The SPJA Youth Protection Portal, www.youthprotectionportal.org/SPJA, contains a reporting form through which anyone can report an unsafe or concerning situation or incident. Although employees and volunteers are required to report incidents to their supervisors directly without delay, please make sure you are also familiar with the online reporting form.

Weapons Policy

Effective Date: April 28, 2017

Anime Expo® and the SPJA reserve the right to modify and/or update this policy at any time in their sole discretion and without prior notice.

WEAPONS POLICY

Your participation in SPJA Events means that you agree to comply with this Weapons Policy. An “Event” shall mean any event held by The Society for Promotion of Japanese Animation (“SPJA” or “we”), such as Anime Expo®, or Project Anime®.

You further understand and agree that, for your own safety and the safety of everyone at an Event, SPJA has the absolute and immediate discretion and right to inspect your costumes, prop weapons, and any other item you bring to the Event. We may temporarily or permanently remove any attendee in our sole and absolute discretion at any time for violating this Weapons Policy — because your safety, and the safety of every attendee is of the upmost importance.

No Real Weapons Are Allowed at an Event.

This includes firearms, knives, curio, relic, antique firearms, any form of ammunition, any item designed or manufactured with the intent to cause death or serious bodily injury, whether carried openly or concealed, even if any such weapons are inoperable or unusable, and irrespective of whether you are licensed to possess such weapon. Items that may otherwise be legal for you to own or carry are not welcome at any Event if they violate this Weapons policy. The following are examples of weapons that you CANNOT bring to an Event:

FIREARMS, AMMUNITION, RIFLES, SHOTGUNS, HANDGUNS, BLOWGUNS, TAZERS, LASER POINTERS, LASER-AIMING DEVICES OR SIMILAR LASER DEVICES, EXPLOSIVES OR OTHER INCENDIARY DEVICES, KNIVES, LIVE BLADES/SWORDS (INCLUDING KATANA AND OTHER MARTIAL ARTS STYLE SWORDS), DAGGERS, SWORD CANES, SWITCHBLADES, BALI-SONG (BUTTERFLY) KNIVES, AXES, HATCHETS, METAL POLE-ARMS, CLUBS, WOODEN/METAL BATS AND PADDLES, HUNTING BOWS, ARROWS, NUNCHUCKS, BRASS KNUCKLES, WHIPS, PEPPERSPRAY/MACE, POWER TOOLS, STILTS, VUVUZELAS, ANY ITEM DESIGNED OR MANUFACTURED WITH THE INTENT TO CAUSE DEATH OR SERIOUS BODILY INJURY TO ANY PERSON OR PROPERTY, ANY ITEM THAT IS ILLEGAL IN THE STATE OF CALIFORNIA, OR ANY ITEM THAT APPEARS, IN SPJA’S SOLE DISCRETION, TO BE DANGEROUS OR WHICH WOULD POSE OR PLACE OTHERS AT RISK OF HARM, IMMEDIATE OR OTHERWISE. 

Prop Weapons Are Allowed Only If They Are Peace-Bonded by Weapons Check.

Prop weapons are inoperable weapons that support the overall look of your costume or character. For example, plastic Airsoft guns, Nerf guns, water guns, dart guns, disc guns, pellet guns, and cap guns are prop weapons.

Prop weapons must be submitted to “Weapons Check” for Peace Bonding. SPJA has the sole discretion to approve prop weapons. Anime Expo’s Weapons Check booths are located in both the South Hall Lobby and the West Hall Lobby. Other Event Weapons Check booths shall be designated in the programs and on signs.

We may revoke Peace Bonding at any time in our sole discretion. For example, we will revoke approval if you use or brandish the item in an inappropriate fashion (like play-fighting, swinging the weapon around, or if someone is hit intentionally or otherwise). We will also revoke approval if we receive complaints about the way you are using or displaying your prop weapon or futuristic device, or if you tamper with the device that Weapons Check uses to show that your prop weapon has been Peace Bonded.

Peace Bonding Rules

If a prop weapon is, or was, at any time capable of firing anything, it must be rendered permanently inoperable in order to qualify for Peace Bonding. You can do this by, for example, permanently plugging the barrel with glue, caulk, or any non-removable substance. You must be able to prove that the prop weapon is permanently decommissioned upon inspection. Bring tools if necessary.

In addition, to be Peace Bonded, your prop weapon must meet the following criteria:

  • Your prop weapon cannot be more than 7 feet (2.13 meters) long or weigh more than 15 pounds (6.8 kilograms).
  • Prop explosives cannot be made out of metal.
  • All swords or bladed martial arts prop weapons must be blunt-edged and cannot have any sort of cutting or sharpened edge (no live steel). Prop metal swords must have a sheath and must remain in the sheath for the duration of the Event. Whenever possible, for the purposes of keeping prop metal swords in sheaths, the sword must be anchored or otherwise secured to the sheath. We also reserve the right to anchor bladed weapons shut.
  • All prop bows must be unstrung or have a low-tensile thread and be incapable of shooting.
  • All prop arrows must have non-metal, blunted tips.
  • Metal chains must be less than 12 inches long and no more than one inch thick.
  • Non-metal chains must be under a reasonable length so as not to pose a safety or fire hazard.

If your prop weapon is a toy, look-alike, or imitation firearm,  then federal regulations (15 CFR § 272.3) require that it either be translucent enough to,  permit unmistakable observation of the device’s complete contents, or must have at least one of the following:

  • An Orange Solid Plug in Barrel: Have a blaze orange (Fed-Std-595B 12199) or orange color brighter than that specified by the federal standard color number solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 millimeters from the muzzle end of the barrel; or
  • An Orange Barrel Marking: A blaze orange (Fed-Std-595B 12199) or orange color brighter than that specified by the Federal Standard color number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimeters; or
  • Entire Surface Coloration:  Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern.

Peace-Bonded Weapons at the Event.

You may display your prop weapons only as costume pieces. Do not swing or brandish your prop weapon in any way that could be considered unsafe or threatening.

You may pose with a prop weapon in a brandishing manner, so long as no reasonable person would interpret it as anything but a pose for dramatic effect. Event staff or management may stop your posed brandishing in their sole discretion.

Please put your prop weapons away when leaving the Event site at night so that you don’t get the attention of local law enforcement. SPJA cannot be responsible for any actions taken by local law enforcement  agencies – such as detaining and questioning you – if you decide to display or brandish your prop weapons at or outside of the Event.

Martial Arts Performances & Demos

You may display working martial arts weapons during, and 30 minutes before and after, a performance that has been approved by Event management in advance.

Of course, you must use common sense to avoid harming any person or property. You must conceal or wrap the weapons when transporting them to and from the demonstration, and you must remove the weapons immediately after the demonstration. Con staff reserves the right to stop any performance or demonstration in their sole discretion.

Law Enforcement Uniformed Costumes Are Prohibited

COSTUMES THAT MAY BE CONFUSED WITH LOCAL LAW ENFORCEMENT OR OTHER EMERGENCY RESPONSE PERSONNEL UNIFORMS ARE NOT PERMITTED AT THE EVENT.

It’s just not safe to impersonate local law enforcement, emergency personnel, or first responders. SPJA has the absolute right and sole discretion to decide whether your costume looks too much like one of these uniforms, and to request the removal or modification of that costume. Should you refuse to cooperate, we may expel you from the Event in order to protect the safety and welfare of everyone at the Event.

If You Buy Weapons at the Event

If you buy a prop or other weapons at the Event, you must immediately submit it to Weapons Check or immediately remove it from the Event hall.

General Liability Release and Waiver

In consideration of being permitted to participate in this convention, event, or meeting organized by the Society for Promotion of Japanese Animation (“SPJA”) (each referred to as the “Event”), I hereby acknowledge and agree to the following terms and conditions of participation (this “Waiver”):

    1.     I have read, understand, and agree to abide by the Code of Conduct and Weapons Policy for this Event, which are incorporated into this Waiver as though set forth herein. I understand and agree that this Waiver, together with any other policies or instructions posted on the web site or communicated by employees, officials, officers, volunteers, or other persons affiliated with or acting for or on behalf of the SPJA, the City, or any Official Hotel, are effective and apply to me at all times when I am present on and around the Venue and Official Hotels in connection with the Event. The “Venue” refers to the location at which the Event is held. “Official Hotels” are hotels that the SPJA has explicitly designated as such for the Event. The “City” refers to the city in which an Event is held.

 

    1.     I understand that my participation in any activity at the Event is voluntary. I FURTHER UNDERSTAND THAT SOME ACTIVITIES AT THE EVENT, SUCH AS BUT NOT LIMITED TO DANCING OR ROLE PLAYING, HAVE INHERENT RISKS AND DANGERS, INCLUDING BUT NOT LIMITED TO LOSS OR INJURY TO MY PERSON OR PROPERTY, AND THAT AS A CONDITION OF BEING PERMITTED TO PARTICIPATE IN THE ANY ACTIVITY AT THE EVENT, I MUST ASSUME AND ACCEPT ALL RISKS OF HARM, LOSS, OR INJURY THAT MAY ARISE FROM OR BE RELATED TO PARTICIPATION IN THAT ACTIVITY. I HEREBY WAIVE AND RELEASE, indemnify, and hold harmless the SPJA, the City, the Venue, the Official Hotels, and their respective officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, attendees, public officials, successors and assigns (“Released Parties”), from any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, and/or claims of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in the Event, including acts or omissions by third parties such as medical providers and vendors of food or drink, arising from or in any way connected with my participation in the Event. I understand the nature of the Event activities in which I participate and represent that I am qualified to participate in such activities. I further acknowledge that I am aware that the Event will be conducted in facilities open to the public. I agree and warrant that if at any time I believe conditions of an Event activity to be unsafe, I will immediately discontinue further participation in the activity. I intend and desire for this Waiver to be interpreted as broadly as permitted under California law. This Waiver does NOT apply to any acts of gross negligence or intentional, willful, or wanton misconduct on the part of any Released Party.

 

    1.     In the Event of any injury or illness to me during my participation, I authorize the staff of the Event, the SPJA, the Venue, or any Official Hotel to seek and obtain such emergency or medical services as may be deemed necessary at the time, but understand and agree that they shall not be obligated to do so.

 

    1.     I understand and acknowledge that if I break, deface, harm, or damage any real or personal property in connection with my participation in the Event, including but not limited to property of the Venue, any Official Hotel, or the City, I shall be solely and personally responsible for paying any and all costs and incidental or consequential damages relating to the replacement or repair of the damaged item or facility.

 

  1.     General Terms. No waiver or amendment of any provision of this Waiver will be effective unless in writing. This Waiver shall be construed using the laws of the State of California, except as they apply to conflicts of law. The language in all parts of this Waiver shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes that provide for the language of an agreement to be construed against the drafter. If any provision herein is determined to be unenforceable, that provision shall be severed and all other provisions shall remain in effect. I consent to the jurisdiction of any federal or state court within Los Angeles, California. This Waiver shall bind and be for the benefit of myself, SPJA, and our respective heirs, fiduciaries, successors, and assigns. I have not relied upon any promise, representation, or warranty in signing this Waiver. This Waiver will continue in full force and effect even after the conclusion of the Event. You understand and agree that your electronic submission of agreement to this Waiver constitutes an electronic signature that is just as legally binding as your signature on a hard copy of the Waiver. Further, you agree that no certification authority or other third-party verification is required to validate this electronic signature, and that the lack of such certification or third-party verification shall not in any way effect the enforceability of this Waiver.

I SUBMIT THIS WAIVER VOLUNTARILY, OF MY OWN FREE WILL AND FREE OF PRESSURE, DURESS, OR THREAT OF DURESS. I HAVE READ THIS ENTIRE FORM CAREFULLY. I UNDERSTAND AND AGREE THAT BY ACCEPTING THIS WAIVER, I HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. MY SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE SPJA OF ALL LIABILITY TO THE FULLEST EXTENT OF THE LAW. I AM OVER 18 YEARS OLD AND I AM MENTALLY COMPETENT.

Parent or Guardian’s Additional Release for Minors
In consideration of the minor attendee (the “Minor”) being permitted by the SPJA to participate in the Event, I the undersigned represent and affirm that I am the parent or legal guardian of the Minor whose name appears above and that I have the authority to enter into this agreement on the Minor’s behalf. I understand and agree that the above terms and conditions apply to the Minor and to me. I further agree to indemnify and hold harmless the SPJA from any and all claims that are brought by, or on behalf of, the Minor, and which are in any way connected with the Minor’s participation in the Event. I represent and warrant that I am over 18 years old and I am mentally competent.

(Direct URL)

Privacy Policy

Effective Date:  April 28, 2017

Anime Expo® and the SPJA reserve the right to modify and/or update this policy at any time in their sole discretion and without prior notice.

SPJA Privacy Policy  

Your privacy is important, so The Society for the Promotion of Japanese Animation (“SPJA”) has created this privacy policy to let you know what information we collect when you visit the SPJA site, the Anime Expo®, the Project Anime® site, and the sites for any other Events we may produce (“SPJA Event Sites”), why we collect it, and how it is used. The terms “you,” “your,” and “yours” refer to you, the person utilizing our site and agreeing to this policy. The terms “we,” “us,” and “our” refer to SPJA and events it produces, including but not limited to Anime Expo®, Project Anime® (“SPJA Events”) and to SPJA’s affiliates and subsidiaries (if any).

What Information Is Collected and Why?

“Personally Identifiable Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number, and other billing and contact information.

We may collect information, including Personally Identifiable Information, from you, including:

  • Registration information: When you purchase tickets for SPJA Events, register as an attendee (fan, industry or press), exhibitor, sponsor, panelist, workshop leader, press, photographer, or otherwise contact us about the event, we may collect Personally Identifiable Information from you, in order to provide services, events, and access to you.
  • Service Logs: We may automatically receive and log certain technical information when you visit our site, including your IP address, browser type, cookie information, links you have followed, and the page(s) you have requested, in order to respond to your requests, and protect and improve our services.
  • Communication: When you communicate with us (through email, forms on this site, or other channels), we may retain those communications and contact information in order to respond to your requests, improve our services, and contact you in the future.
  • Third-Party Services: When you use our site, we may partner with third parties, such as Eventbrite, Twitch, and ShareThis, to provide certain services, including advertising. When we share information with them, we do so in accordance with this policy. Those third parties may have different privacy policies, and we encourage you to read them.

When collection of information is optional, we will indicate that on the relevant collection form.

Is Information Shared or Disclosed?

Except as listed above, Anime Expo does not rent, sell or share personal information it collects about you to or with third parties. Information collected from you is only used to support SPJA, your use of SPJA Event Sites, and to comply with any legal requirements.

SPJA may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on SPJA or any SPJA Event Sites; (2) protect and defend the rights or property of SPJA; or (3) act in urgent circumstances to protect the personal safety of users of SPJA, any of the SPJA Events, their services, or the public.

If SPJA should ever merge with or transfer its assets to another company, we may share your Personally Identifiable Information with any non-profit entity with whom we merge or to whom we transfer our assets, and such a successor will have the right to use such information in accordance with the terms of this policy.

How Do We Store and Protect Your Information?

SPJA protects the security of your information while it is being transmitted to us by using Secure Sockets Layer (SSL) encryption. In addition, once we receive payment information, we maintain that information in encrypted form on secure servers.  Payments made by those registering to attend SPJA Events may be made to and through third-party service providers such as Eventbrite, whose privacy policies also apply to such payments.

Personally Identifiable Information collected on this site is stored and processed in the United States and in other countries.

We may retain your information as long as permitted or required under applicable laws.

How Do We Deal with Children’s Information?

Children can view the SPJA Event Sites without any Personally Identifiable Information being collected. However, in some areas of the SPJA Event Sites it is necessary to collect Personally Identifiable Information from children. We do not collect more Personally Identifiable Information from children under the age of 13 than is necessary for them to participate in the SPJA Events. We obtain verifiable parental consent for the collection, use or disclosure of such information by requiring purchase of a corresponding ticket by an adult and verifying parental or guardian’s consent when SPJA Event tickets are collected at the event.

We will always honor a parent’s request for: (1) a description of the specific types of personal information collected from their child by SPJA; and (2) removal of the information collected about their child from our database. If you would like to deactivate your child’s account, email privacy@spja.org. Parents may obtain any Personally Identifiable Information collected from their child by emailing privacy@spja.org.

How Do You Consent to This Privacy Policy?

By using this site, you agree to the terms of this privacy policy, and those of our Terms and Conditions at www.anime-expo.org/legal/. In case of a conflict, our Terms and Conditions take precedence.

How May We Update This Policy?

We may occasionally update this policy. When we do, we will also revise the “Effective Date” date above. If we make material changes, we will notify you either by placing a prominent notice on the home page of our site or by directly sending notification to any users who have registered with us. We encourage you to periodically review this policy to stay informed about how we are protecting the information we collect. Your continued use of this site constitutes your agreement to any policy changes.

What Technical Choices Do You Have About Data Collection?

Cookies are small text files stored by your browser in your computer when you visit our site. We use cookies to improve our site and make it easier to use. Cookies permit us to recognize users and avoid repetitive requests for the same information. Most browsers allow you to refuse cookies by changing a setting, but the site may no longer function correctly if you do so.

We currently do not participate in or utilize any frameworks that respond to “Do Not Track” signals from you.

How Should You Contact Us?

If you believe that SPJA has not adhered to this Privacy Policy, please contact us by emailing privacy@spja.org or by postal mail:

Legal Department-Privacy
c/o The Society for the Promotion of Japanese Animation
1522 Brookhollow Dr., Suite 1
Santa Ana, CA. 92705
USA

Main Events Policy

Policy Effective Date: May 18, 2017

Anime Expo® and the SPJA reserve the right to modify and/or update this policy at any time.

AX MAIN EVENTS FAQ AND POLICIES

“Main Events” are events held at LACC West Hall B, LACC Petree Hall, Microsoft Theater, or The Novo (“Main Event Venues”), and many Main Events require that additional ticket purchases be made, in addition to an event badge, in order to attend  (“Ticketed Events”). Each Anime Expo® Main Event (a “Main Event”) has its own rules when it comes to appropriate behavior. Please abide by those rules as stated below.

These rules apply to all those attending any Main Event, including Anime Expo Attendees, Volunteers, Staff, Press, and Industry in the Main Event Venues.  Any violation of these rules occurring in a Main Event venue will count towards the convention’s one-strike policy for Main Events.

MAIN EVENTS FAQ

What are the Anime Expo Main Events?

The Anime Expo Main Events include:

  • Anime Expo Concerts and Special Events
  • Anime Expo Masquerade Contest
  • Anime Music Video (AMV) Contest
  • SPJA Charity Auction
  • Welcome Ceremony
  • Closing Ceremony
  • Late Comedy Showdown (Age 18+)

What is the difference between “ticketed” and “NON-ticketed” Main Events?

“Ticketed” Main Events include the following events:

  • Concerts (such as Anisong World Matsuri)
  • Special Events
  • Anime Expo Masquerade
  • Anime Music Video (AMV) Contest
  • Late Comedy Showdown

“Ticketed” Main Events require a valid AX badge and a valid Main Event ticket for entrance to those particular Main Events.

“NON-ticketed” Main Events include the following events:

  • Welcome Ceremony
  • Closing Ceremony
  • SPJA Charity Auction

“NON-ticketed” Main Events only require a valid AX badge for entrance to those particular Main Events.

If we exit the Main Events venue, are we allowed to re-enter?

For LACC Petree Hall:

  • Re-entry is allowed.

For LACC West Hall B:

  • There is no re-entry once you exit the doors.

For Microsoft Theater:

  • There is no re-entry once you exit the lobby doors.

For The Novo:

  • There is no re-entry once you exit the main doors.

MAIN EVENTS POLICIES

For 18+ Main Events in Main Events Hall (Hall B), it is required that you have an 18+ wristband at the door prior to check in, or you will be turned away. Wristbands at LACC can be obtained at any Information Service Booth or Event Operations (Room 508B).

For 18+ Main Events in NOVO or Microsoft Theater, it is required that you have your ID with birth date readily available prior to check in, or you will be turned away.

All pre-approved AX Press/Industry badges must remain in the “Press” section during the Main Events.

Due to the high volume of people attending the Main Events, the following should be noted for safety and fire hazard reasons:

  • NO SELFIE STICKS.
  • NO OUTSIDE FOOD OR BEVERAGES(bottled water is acceptable).
  • No excess or large baggage 12” x 12”. (Suitcases, luggage, duffel bags, etc. are not allowed.)
  • No oversized costumes or oversized props (with the exception of Masquerade contestants).
  • No weapons (i.e., swords, knives, bokkens, daggers, etc.)
  • No skanking or moshing.
  • No standing on chairs.
  • No running in the aisles or rows.
  • No smoking.
  • No signs.
  • No re-entry into LACC West Hall B.
  • No re-entry into Microsoft Theater.
  • No re-entry into The Novo.

PHOTOGRAPHY AND VIDEO POLICIES

Welcome Ceremony, Closing Ceremony, Late Comedy Showdown (18+), and SPJA Charity Auction.
  • No flash photography (photography WITHOUT flash is allowed), for the safety of our Guests of Honor and/or AX Volunteers on stage.
  • Video recording is allowed.
  • No selfie sticks.

Photos and videos must be for personal use only, with the exception of Anime Expo Archive Volunteers and registered, pre-approved Press representatives.

Please leave restricted items, such as oversized bags and oversized costume props, in your car, hotel room, or at Bag Check. 

Bag Check is available in Room 501ABC in the West Hall of the Convention Center.

AX Masquerade
  • No flash photography (photography WITHOUT flash is allowed), for the safety of our Guests of Honor and/or AX Volunteers on stage.
  • Video recording is allowed.
  • No selfie sticks.

Photos and videos must be for personal use only, with the exception of Anime Expo Archive Volunteers and pre-approved Press members.

Please leave restricted items, such as oversized bags and oversized costume props, in your car, hotel room, or at Bag Check. 

Bag Check is available in Room 501ABC in the West Hall of the Convention Center.

Main Event Concerts and Special Events

Unless expressly announced from the stage at a Main Event Concert or Special Event, the following policies apply to all Main Event Concerts and Special Events.

Each Concert and Special Event’s Guest of Honor has a different set of photography and video recording policies. 

These policies apply to all Main Events held in Microsoft Theater or the NOVO. Everyone in attendance will be subjected to mandatory bag checks by the Event Venue’s staff and required to go through metal detectors upon entry.

These policies also apply to all Main Event Special Events held at LACC Hall B.

  • No photography.
  • No video recording.
  • No audio recording.
  • No selfie sticks.

By attending, you agree not to bring any photography or recording devices into the Main Events venue.

Please leave restricted items in your car, hotel room, or at Bag Check.  Cell phones and cameras should be kept in bags or pockets for the duration of the entire Main Event.

If you are found using your phone to record audio, record video, or take pictures during the Main Event, you will be removed from the Main Event and no refund will be issued for your event ticket or Anime Expo badge.

Bag Check is available in Room 501ABC in the West Hall of the Convention Center.

Any attendee(s), non-authorized Press, Anime Expo Attendee-Volunteers, or Anime Expo Volunteers violating the photography and video recording policies or the Main Event Policies  will be subjected to immediate deletion of all relevant media stored on the device, one strike on the badge, and, at the discretion of Anime Expo Volunteers, ejection from the venue and badge revocation for the remainder of the convention.

Attendees are highly encouraged to utilize Bag Check in Room 501ABC in the West Hall of the Convention Center prior to arriving at a Main Event Venue.

All attendees, Press, Industry, AX Attendee-Volunteers, and AX Volunteers attending the “ticketed” Main Events must have valid AX badges and valid Main Event tickets.

All attendees, Press, Industry, AX Attendee-Volunteers, and AX Volunteers attending the “NON-ticketed” Main Events must have valid AX badges.

Those found loitering in aisles will face immediate ejection from the venue and receive one strike on the badge or, at the discretion of Anime Expo Volunteers, badge revocation for the remainder of the convention.

All attendees, Press, Industry, AX Attendee-Volunteers, and AX Volunteers are subject to the Anime Expo Code of Conduct.

*NOTE: Policies are subject to change at any time at the discretion of the Guests of Honor and/or Anime Expo.

Contact Information

For any questions and concerns on the Main Events Policies, please contact mainevents@anime-expo.org.

For Main Events Ticketing inquiries, please contact ticketing@anime-expo.org.

For Anime Expo Registration and badge inquiries, please contact registration@anime-expo.org.

For Press inquiries about the Main Events Policies, please contact press@anime-expo.org.

 

Alcohol Policy

Effective Date: April 28, 2017

Anime Expo® and the SPJA reserve the right to modify and/or update this policy at any time in their sole discretion and without prior notice.

ALCOHOL POLICY

SPJA is committed to providing a safe and family-friendly environment for everyone’s attendance. SPJA expects its employees, staff, directors, and each of their guests or representatives, to follow all applicable laws and regulations and to refrain from consuming alcohol in the presence of minors, serving alcohol while at the Event, or bringing outside alcoholic beverages onto the Event premises.

SPJA does not serve alcohol.  SPJA’s employees, staff, directors, and all SPJA representatives, including interpreters and those assisting Guests of Honor, are prohibited from serving alcohol.  Adults 21 and over may order alcoholic beverages from the hotel, room service, and other places that legally serve alcohol and have required liquor licenses.  SPJA does not encourage drinking.  If you are legally permitted to drink and choose to do so, SPJA asks that you drink responsibly.

Prohibited alcohol conduct includes, but is not limited to, the following behavior:

  • Consumption of alcohol by any person younger than 21 years old (a “minor”).
  • Providing alcohol to, or facilitating the provision of alcohol to, any minor.
  • Consumption of alcohol in any hotel room in which a minor is staying or in which any minor is present.
  • Consumption of alcohol from any source other than the hotel concessions, room service, Lounge 21, or any other places that legally serve alcohol and have liquor licenses.
  • Violation of any federal, state, or local law regarding alcoholic beverages.
  • Violation of any policy of the Event facility or any Event vendor or concessionaire regarding alcoholic beverages.

Violation of this Alcohol Policy may result in forfeiture of your Event badge, your expulsion from the Event and/or termination of your position with SPJA.

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