ADULTCON CONTRACT TERMS & CONDITIONS BETWEEN TALENT & LIVE ENTERTAINMENT

Transcription

1 ADULTCON CONTRACT TERMS & CONDITIONS BETWEEN TALENT & LIVE ENTERTAINMENT This agreement is made this day of, 2007 by and between: (Your Talent Name here) (Your Legal Given Name here) hereinafter referred to as Talent, and LIVE ENTERTAINMENT, Inc. the show Adultcon producer, hereinafter referred to as Show Management. For purposes of this contract, the term Talent, Live Entertainment, Adultcon and Show Management shall include all of their respective directors, officers, employees, Agents affiliates, successors, subsidiaries, licensees, related companies and financial, legal, and other advisors. Whereas Live Entertainment is engaged in the business of producing conventions & other live events; Whereas the Talent is an individual artist or performer on film, DVD, photographs or other recordable media that is legal to distribute in the state of California & wishes to lease a portion of the property inside the show defined as Booth for display, advertising and commerce purposes; Now therefore, the parties agree as follows: 1. DEFINITION OF TALENT AND TALENT BOOTH SALES Talent is defined as any non-transsexual individual participating in any form of legal sexual activity in adult movies or other form of recorded medium or that poses topless or nude in still photos or video. Products may be sold out of a Talent booth only if the Talent that is selling the products is performing in all of them or featured on them. The exception is clothing worn in the Talent s movies & panties. Memberships to websites & access to web content or other recorded media can be promoted and sold only if the Talent in the both is sole owner of the web site. Talent may have company names on pre-printed products only if Talent s image is on those products. No products with stickers, labels or after-market signage may be sold from a Talent booth. 2. SUBLETTING / SHARING EXHIBIT SPACE No individual or Talent may solicit business in the show without an assigned booth space. No Booths are available for purchase after the show opens. Talent is paying a discounted price for their booth & the price allows sharing booth space ONLY with other Talent as defined in this contract, in paragraph 1. No Talent may assign, sublet or share the space allotted to them via this contract with another Talent or individual, without the written approval of Adultcon Show Management. No signage, banners, signs, or marketing or materials for any business or company entity is allowed in or on the booth. Spotters posing as fans with video cameras are strictly enforcing this policy during all show days. If Adultcon Show management finds Talent in violation of this policy: a) The full exhibitor rate for the space of $1,000 must be paid immediately, or b) The other party or company materials must be removed immediately, or c) Talent will be ejected immediately with no refund. 3. BOOTH PLACEMENT While every effort will be made to ensure Talent is given the booth of her/his choice, Adultcon reserves the right to make changes to both Talent booth placement and the floor plan. Booths that are back-to-back with Exhibitor booths MUST keep the curtain wall between the booths closed during the entire show. A charge of $1,000 will be incurred by any Talent that violates this policy payable in cash immediately upon the violation or both booths will be closed & vacated with no compensation. 6/19/2007 1

2 4. BOOTH SIZE, CONTENTS, POLICY & RULES Booths are 10 feet x 10 feet & include three 8-foot drape walls, 2 stools, 1 garbage can & one 4-foot high table x 18 inch wide with tablecloth. No floor carpet is provided. Talent may request carpet for the booth for $75 fee, but it is optional. Talent may bring floor carpet or covering. Booths are not available for purchase after the show opens. Hardcore adult movies ARE allowed to be shown in the booth on TV screens. This would require purchasing electricity for $100 at the show. No alcoholic beverages of any kind may be brought or consumed in the hall. Displays must be made of fire retardant materials & are subject to LAFD approval. Combustible materials such as cardboard, corrugated & crepe paper are prohibited. Show management reserves the right to restrict the operation of, or evict and remove completely, any Talent which, in its sole opinion, is deemed objectionable or detracts from the general character of the exhibition as a whole. Cleaning is included in the booth price, except if boxes or other excessive amount of trash need to be removed and discarded by Show Management. In the event that Talent cannot remove Talents boxes or trash when requested by Show Management, Talent will be charged a $100 excessive garbage cleaning fee due immediately in cash. 5. DEMONSTRATIONS/ AMPLIFIED SOUND /DISPLAY RULES & REGULATIONS Talent may demonstrate products only within their exhibit space. All demonstrations or other promotional activities must be confined to the limits of the Booth space. Sufficient space must be provided within the Booth space for the comfort and safely of persons watching demonstrations and promotional activities. Each Talent is responsible for keeping the aisles near its booth free of congestions caused by demonstrations. Demonstrations may not obstruct the aisle in front of the booth. Amplified music, speaking or demonstrations are not permitted. No music or DJ playing music or speaking through speakers is permitted in the Talent booth. The Show has a DJ for the entire venue. 6. SAFETY OF THE BOOTH & PRODUCTS & PRODUCT THEFT Attendees may try to steal Talent s products during the show & it is the Talent s responsibility to protect hers or his products from theft. There is overnight security but Talent should remove products from the booth at the close of each show day, or if vacating the booth before the show ends. Show management assumes no liability for any loss, damage or injury to any property of the Talent, or property of their officers, agents, employees or contractors whether attributable to accident, fire theft or any other causes. 7. ATTIRE/BEHAVIOR NO ONE is permitted to sit or stand on chairs or tables. Talent understands that no nudity of any type, including but not limited to flashing, is allowed at this event & agrees to be ejected with no refund if Talent violates this rule. Talent understands that pasties must completely cover the areola & that the vaginal area, including the pubic hair, must not be visible. Free Adultcon pasties will be distributed and available at the check- in area. Such pasties must be applied if Talent did not arrange for another form of coverage. The following is specifically prohibited: The display of less than completely & opaquely covered genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolas & sexual activities, acts, contact or conduct including the fondling or other erotic touching of genitals, pubic region, buttocks, anus or female breasts. Any violation of these rules constitutes a material breach of this agreement & will result in being removed from the venue with no refund. If Talent sees or know of anyone acting in an inappropriate way, please notify security for everyone s best interest. Talent agrees to fully cooperate with the LAPD during the event & will make no attempt to circumvent or undermine the law enforcement efforts of any officer in the area. Violation of this agreement will result in removal from Adultcon without refund or compensation of any kind. 8. IMPORTANT - DVD SALES POLICY a) Talent may not sell DVD s for less than $15 per individual unit. Shrink-wrapped multi-packs movies are NOT exceptions! TWO & THREE MULTI-DISC SETS are considered as one unit and therefore can be sold for $15 if they are factory packaged in one single box cover. b) Talent may not offer a gift with purchase, including but not limited to; buy one DVD-receive a free item, buy one item - receive a free DVD, buy one DVD receive one free DVD c) Talent may not distribute FREE DVD s at the show. Distribution of free/promotional DVD s to all attendees is available for a fee by Show Management. Talent agrees, by signing this contract, to forfeit their booth & booth payment if show management deems that the Talent has violated the DVD sales policy. Talent is required to vacate the show venue within 30 minutes from the time said violation is discovered. 6/19/2007 2

3 9. IMPORTANT-MOVE-IN/MOVE-OUT-The SET UP FEES AND LOADING DOCK INFORMATION THE LOADING DOCK IS NOT OPEN ON THE DAYS OF THE SHOW AT ANYTIME. The loading dock is open ONLY from on Thursday, the day before the first day of Adultcon. Talent may remain in exhibit hall until 9pm to set up, but the loading dock closes at 8pm. Vehicles may park on the loading dock ONLY during load-in. Vehicles parked on the loading dock other than load-in & out times, are towed & ticketed with no warning. Talent that can hand-carry product, may bring it a) during load-in b) Friday 12pm-2pm c) Saturday 11am- 12pm d) Sunday 11am-12pm. Talent will not be allowed to bring in product after 2pm Friday or 12pm Saturday/Sunday. Talent may carry products into the show only by hand. Move-out using the loading dock starts at 7pm Sunday for 3 hours after the close of the show on Sunday. You may move-out anytime if you do not need the loading dock. Move in times, dates and set up arrangements are subject to change. Final times are ed the week of the show. You are free to carry your product by hand into or out of the show (One trip only). If you have more product than can be carried into the show in one trip, the Union will charge a fee to bring it into the show to your booth. Only the Union may assist with move-in or out. There is no ladder, tape, scissors, dolly, tools or cart available from show management so you are advised to bring their own. 10. TALENT/ GUESTS / STAFF WRISTBANDS & EXTRA TICKETS Each Talent booth receives 3 badges total, including the badge for the Talent, staff and their guests. Talent must Adultcon all 3 names by Monday, the week of the show. Talent wrist bands are available only at check-in and are not issued in advance. Talent wrist bands will only be issued to persons on Talent s ed list. The FIRST name on the list is the person in charge with full decision making authority for Talents booth. Talent s staff arriving during set-up will be counted towards the Talents wristband allotment. Talent can assign any of their unused allotment to their guests. Such Guest wrist bands will be held at Will-Call after the show opens, issued with matching ID only. There are no physical tickets or badges. Wristbands are issued with a hand-stamp. If Talent requires additional wrist bands beyond their allotment, Talent can purchase up to 10 extra Guest wrist bands at $15 each but only if payment is received no later than 5 business days prior to the first day of the show. Payment must be in a form of a cashier s check if made less than 2 weeks before the first day of the show. Extra Guest wrist bands are $20 each if payment is made at the show, limited to 10, cash only. 11. IMPORTANT - READ CAREFULLY - ADULTCON DOLLARS - POKER CHIPS POLICY Every customer that pays the full admission gets one $5 Adultcon poker chip. Talent must accept the chips as payment for products & services as if it was $5 in cash. Each chip is redeemed for $5 CASH with any Adultcon cashier during the following show days & times: Saturday, between 6pm 11pm Sunday, between 4pm- 8pm If Talent leaves with any chips when the show ends, they will not be cashed out until the next Adultcon. Chips do not expire or lose any value. Talent does not need to have a booth at the next Adultcon to cash out chips. 12. ELECTRICITY PHONE - INTERNET Electricity is $100 per booth and can be pre-paid along with booth payment. Internet & phone line can only be arranged upon advance request. Contact Adultcon if you require Internet or phone line for your exhibit space. Show Management has no control over electricity, phone or internet fees. 13. VEHICLE DISPLAYS Any vehicle or apparatus that has a fuel tank and is part of a display, is required to be equipped with a locking gas cap & can have no more than one third of a tank of gas. Battery cables must be disconnected once the vehicle is in position in the show. The engine cannot be operated during show hours. A vehicle permit is required from the LAFD. 6/19/2007 3

4 14. PRODUCT SALES/State of California Resale Permit Selling of any legal product is allowed. A California business license is not required. All Talent must have a valid State of California Resale Permit & collect & pay all applicable Sales Taxes. Temporary 30 day permits are available at no charge and accepted by Adultcon. Go to & download a FREE application BOE-400-SPA Rev.1, print it out, fill it out and bring it to Adultcon. Talent should be prepared to show this document in the event that any city employee requests to see it. As additional consideration for Live Entertainment accepting a Talent application, each Talent, jointly and severally, agrees to collect & pay all applicable sales taxes for sales made by the Talent at Adultcon, and to indemnify, defend and hold Live Entertainment and its officers, directors and members free and harmless from and against the claims of any and all taxing authorities and agencies for the collection and payment of sales taxes. Talent who appear at Adultcon without a valid Resale Permit will not be allowed to set-up and their booth space with payment being forfeited. If more than one Talent is utilizing a space who is actually engaged in sales, then both/each Talent must be registered on one or separate Resale Permit application(s). 15. TALENT S PICTURE & LINK TO TALENT WEB SITE FROM ADULTCON.com After payment & this signed contract are received, Talent s picture is posted on the Adultcon web site indicating that Talent will be appearing at Adultcon. Talent is will need to the headshot to Adultcon. There is a $100 fee if Talent wants her picture linked to increase traffic to Talent s website. Links are available only to personal talent websites, not company or organization websites. Link will remain active for 3 years from the date of this contract. 16. DISPOSABLE CAMERAS NO type or style of disposable cameras may be sold or given away by Talent. 17. TAKING PICTURES WITH THE FANS ON THEIR CAMERA Fans will ask to take pictures with the Talent on their digital cameras. Talent should charge $5. Talent is required to include their autograph in the $5 fee. Talent should direct fans to the Adultcon Photo Center inside the show to get the digital picture printed out on photo paper. The fans then come back to the Talent to have it autographed. This service will help talent sell more pictures. 18. MODEL RELEASE Electronic messages, photographs, motion pictures and/or video recordings may be made in the Show facility, which may include images of Talent, its employees, agents and related merchandise and displays. Talent may not hinder, obstruct or interfere in any way with such photography or recordings whether by Show Management, its agents, media, attendees or other exhibitors, and hereby consent to Show Management's use of such recordings for commercial purposes. Live Entertainment, Inc. has the exclusive right to use video & other visual/audio portrayals of Talent or Talent s likeness recorded at Adultcon in any medium of any nature whatsoever for any purpose, including advertising or promoting Adultcon or any Live Entertainment s businesses or companies, without any compensation being paid to the Talent. Any such portrayal or likeness shall be the exclusive property of Live Entertainment. To the extent necessary to fulfill Show Management's express obligations hereunder, Talent hereby grants Live Entertainment, Inc. exclusive, royalty-free, non-revocable, non-transferable worldwide license (without the right to sublicense) to use Talent's name(s) trademarks, service marks, logos, trade names, copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files & images. 19. CONDUCTING INTERVIEWS WITH TALENT No persons, including but not limited to, fans, attendees, exhibitors, talent or their agents or employees or guests, may conduct interviews or questioning, with or without a microphone of any kind or manner with or of anyone, taped or broadcast live on or in any medium, in any format and for any purpose whatsoever inside or on the property that is used by Adultcon. Live Entertainment has the exclusive right to conduct interviews at Adultcon. Access may be granted in writing by Live Entertainment to major, recognized local or national media outlets, who will be wearing/displaying Media badges issued by show management. All other forms of taping or capturing footage of Adultcon is permitted by anyone for personal consumption only, with ONLY small "home style" hand-held non-commercial video cameras. Large, professional or shoulder-held video cameras such as Beta with on board or added camera lights are not permitted. 6/19/2007 4

5 20. SOLICITATION OF FREE PRODUCTS Adultcon staff are not allowed to and will not ask for any free products or discounts. If anyone violates this policy, please deny the request, ask their name & report them to Renaud or Maria. 21. HOLD HARMLESS Talent expressly agree to hold harmless Live Entertainment, Show Management, their agents and employees for any and all claims, liabilities, and losses for injury to persons, including death, loss, theft or damage to property arising in the use of exhibit space or in connection with use of exhibitor space, except if such losses are the result of gross negligence by Show Management. Live Entertainment assumes no liability for any injury of the Talent or to their officers, agents, employees or contractors whether attributable to accident, fire, act of God or any causes. 22. BOUNCED CHECK FEES A charge of $60 per check plus an investigation fee of $40 per check applies to all returned checks. 23. SHOW CANCELLATION-REFUNDS If Show Management determines that any part of the premises of where Adultcon is be held becomes unfit or unavailable for occupancy, Talent waives all rights and rights Talent may have against Show Management for damages and/or expenses and agrees to accept in complete settlement and discharge of all claims against Live Entertainment the amount the exhibitor paid according to this contract less 20% for expenses and losses Show Management incurred in connection with Adultcon. Such causes for cancellation are bankruptcy, picketing, strikes, embargo, injunction, act of war, act of god, fire or state of emergency declared by any government agency or by reason of any municipal state or federal law or regulation, should Live Entertainment go out of business, or by reason of any other occurrence beyond event of such cancellation or termination. 24. ATTORNEY FEES AND ARBITRATION In the event Show Management is required to employ the services of an attorney and or a collector as a result of a default or breach of any term of this agreement, Exhibitor agrees to pay all costs, expenses and attorney's and or collector's fees incurred by Show Management with or without the commencement of suit. The parties further stipulate to submit any grievances or disputes regarding this Agreement to binding arbitration under the auspices of the Judicial Arbitration And Mediation Services (JAMS) and that the proper venue is in Los Angeles County, California and the prevailing party shall be awarded both attorney s and collector s fees. 25. CONTACTING THE SHOW OFFICE Adultcon takes & returns s & phone calls only until 5pm on Thursday, the day before the first day of the show. No phone calls or s will be responded to until Monday after the show. 6/19/2007 5

6 26. PAYMENT 1) Credit cards and cash are not accepted for payment. 2) Checks are accepted only if postmarked at least 14 business days before Adultcon. 3) Only cashier s checks or money orders are accepted if postmarked less than 14 business days before the show. No exceptions. Cashier s checks or money orders are available 24 hours a day at every 7-11, or post office & can be mailed from any US mail box found on most corners. 4) There are NO REFUNDS once payment has been accepted. 5) ALL pages of this contract must be included with your payment with all pages initialed. Keep a copy for your records. 6) Make payment to: LIVE ENTERTAINMENT Mail to: 4570 Van Nuys Blvd. #213 Sherman Oaks, CA I want BOOTH $ Includes 3 tickets. Please contact us if you want more than 2 booths I want CARPET in booth per 10x10 booth Not required & you may bring your own floor covering Booth $ Carpet $ Electricity $ TICKETS I want additional $20 each (circle one) CALENDAR ADVERTISING I want a page in the Adultcon $1,600 12,000 distributed FREE at Adultcon - see page 8 for details Tickets $ Calendar $ TOTAL ENCLOSED $ Print TALENT Name - exactly as you want it to be appear on the FLOOR PLAN & OUR MARKETING Date Print LEGAL Name Sign LEGAL Name Website Home Phone - should we have questions about your submission Cell Phone 6/19/2007 6

7 ADULTCON POKER CHIP CASH IN POLICY IMPORTANT-READ CAREFULLY & SIGN In order for your registration to be complete, also submit this page along with the contract. Every customer that pays the full admission is given one $5 Adultcon poker chip. Talent must accept the chips as payment for products & services as if it was $5 in cash. Each chip is redeemed for $5 CASH with any Adultcon cashier during the following show days & times: Saturday, between 6pm 11pm Sunday, between 4pm- 8pm Talent that leaves Adultcon with chips will not be cashed out until the next Adultcon. Chips do not expire or lose any value. Talent do not need to have a booth at the next Adultcon to cash out chips. Print TALENT Name Date Print LEGAL Name Sign LEGAL Name Web Site Home Phone Cell Phone Make checks to: LIVE ENTERTAINMENT Mail payment to: 4570 Van Nuys Blvd. #213 Sherman Oaks, CA Office: (310) /19/2007 7

8 DVD SALES CONTRACT In order for your registration to be complete, also submit this page along with the contract. I agree to the Adultcon DVD sales terms & policies as follows: I agree to sell my DVD s for no less than $15 each. a) Talent may not sell DVD s for less than $15 per individual unit. Shrink-wrapped multi-packs movies are NOT exceptions! TWO & THREE MULTI-DISC SETS are considered as one unit and therefore can be sold for $15 if they are factory packaged in one single box cover. b) Talent may not offer a gift with purchase, including but not limited to; buy one DVD-receive a free item, buy one item - receive a free DVD, buy one DVD receive one free DVD c) Talent may not distribute FREE DVD s at the show. Distribution of free/promotional DVD s to all attendees is available for a fee by Show Management. Talent agrees, by signing this contract, to forfeit their booth & booth payment if Adultcon deems that the Talent has violated the DVD sales policy. Talent is required to vacate their booth & the show venue within 30 minutes from the time said violation is discovered. Warning! There will be spotters with video cameras all day to monitor & strictly enforce this policy. Print TALENT Name Date Print LEGAL Name Sign LEGAL Name Web Site Home Phone Cell Phone Make checks to: LIVE ENTERTAINMENT Mail payment to: 4570 Van Nuys Blvd. #213 Sherman Oaks, CA Office: (310) /19/2007 8

9 BE IN THE LIMITED EDITION ADULTCON CALENDARS Adultcon doesn t offer a show guide or program because fans discard them once flipping through the pages. As an innovative substitute, Adultcon distributes 12,000 limited edition collectible calendars absolutely FREE to each person attending the show. The calendars are high-quality with a UV-coated cover & heavy paper. Advertising in the Adultcon calendar is a great selling tool to promote your Name, website & sell memberships, products & services. It is the most cost effective advertising tool to reach your core fans. They will have your picture and name in front of them for an entire month, long after leaving the show. Fans save them as they are limited edition collectibles. They have the pages signed by the adult stars in the calendar. The Adultcon Calendars are an inexpensive advertising tool for adult stars wanting to get their name to new fans & find new members for their website. You will have your 8.5 x11 image in one of the months for $1600. That s $0.13 per calendar. No other marketing option allows you to reach your fans for just pennies. The 7 months in the Adultcon 13 / 2007 calendar are: January, February, March, April, May, June & July. Visit to read about image specifications. THE COVER (see samples on this page) of the calendar includes prominent placement on the Adultcon home page for 6 months. The cover is $2,500 & has already been reserved for Adultcon 13, but is available for Adultcon 14. It will be distributed at the April, 2008 convention. Purchase a month in the calendar by selecting the choice on page 5 of this contract. There are only 7 pages every 6 months & they get reserved fast due to high effectiveness of lasting brand impression. 6/19/2007 9