Vendors from Around USA (Outside of NY)
Party A refers to the Event Organizer, and Party B refers to the Vendor. The following information is in the contract; however, this is not the entire contract. Please read through the entire contract before confirming your participation.
Event Guidelines
Party B shall comply with and agree to the following points regarding the guidelines for the event:
If, due to venue constraints or safety reasons, Party A requests a booth change or layout modification within the booth, Party B shall comply.
Should Party A require a booth change or layout alteration due to venue restrictions or safety concerns, Party B shall comply with Party A’s requests.
Party B is obligated to assemble and disassemble the booth within the timeframe established by Party A, and shall be solely responsible for these tasks.
All items utilized for the event, including rental equipment, artworks, personal items, and other items brought into the venue, must be managed and clearly marked by Party B. Party B is prohibited from leaving any items in the booth following the conclusion of the event.
Party B is required to adhere to all directives issued by Party A, including those stipulated in this agreement and the event guidelines pertaining to the use of the event venue.
During the booth's setup, operation, and dismantling, Party B must ensure the safety of all visitors to their booth, neighboring booths, and the surrounding aisles.
If vehicles are used for the loading and unloading of goods and items, Party B must promptly vacate the vehicle loading area upon completion of these tasks.
Booth setup, operation, and dismantling must be conducted by Party B within the booth or location designated by Party A.
Party B is prohibited from using audio sources within the booth unless explicitly permitted by Party A.
While Party A will undertake marketing efforts for Party B's products, Party B acknowledges that Party A does not provide any guarantee of achieving target numbers.
For the preparation, response, and dismantling of the event, Party B must strictly adhere to the detailed instructions provided by Party A:
On the day of the event, all parties are required to assemble at the designated commercial kitchen between the hours of 6 AM and 7 AM. This timing is subject to modification based on the specific requirements of the event venue. Each party is responsible for confirming the availability of their individual ingredients and ensuring they are properly loaded onto the transportation vehicle. Party A assumes no liability for any missing or improperly loaded ingredients.
Party B is permitted to enter the venue for setup and preparation between the hours of 9 AM and 10 AM. No entry will be allowed outside of these specified hours.
Party B assumes full responsibility for the transportation of all ingredients and items needed for the event. This includes the transportation and loading of these items post-event.
The setup of tents and tables will be handled by a designated rental company. Party B is required to wait until this setup is completed before beginning its own preparations. Please note that the completion of this setup may coincide with the start of the event.
The allocated booth size for Party B is 10 feet x 10 feet x 7.1 feet (3 meters x 3 meters x 2.1 meters).
Party A will provide a tent, table, and banner for the booth. Any additional items are optional and must be provided by Party B.
Party B must submit their banner design to Party A either during the program application or a minimum of 30 days before the event. The banner must not exceed 10 feet x 4 feet (3 meters x 1.3 meters) in size. (Note: A well-designed banner has a significant impact on public relations).
Party B is responsible for decorating their booth. If locally sourced items are needed, Party B must consult with Party A in advance.
Party A will only manage the line at the rear of the booth if it exceeds 20 people.
Party B is obligated to maintain a single line for both sales and ticket handover, and must make reasonable efforts to prevent more than 5 five groups of customers from waiting.
Party B is responsible for the management and protection of their products and items, even in adverse weather conditions. If preventive measures are needed, Party B must consult with Party A at least five days prior to the event.
After the event, Party B is required to return to the commercial kitchen to clean all cooking utensils and items used. Any remaining ingredients must be disposed of according to Party A's instructions.
Should Party A identify any breach of the stipulations outlined in Article 6.12 by Party B, Party A reserves the right to demand Party B's immediate removal and departure from the Program. Upon such request, Party B is obligated to comply promptly and without protest.
Party A reserves the right to cancel the event at any time for any reason but generally will only do so if the government has officially declared the event infeasible or because of acts of god or inclement weather. In such situations, Party B is entitled to a refund of the Participation Fee.
Promotional Notes:
Displaying detailed information about products laminated in front of the store contributes to promotion.
Providing takeout containers is appreciated as many visitors may want to take food home.
Actively engaging with visitors from the store and creating contacts with international guests is recommended.
If staff or cooking assistants are needed, please consult with Party A in advance. Note that Party A can arrange additional staff, but Party A cannot guarantee their skill level. Party B shall provide a 45-minute break (meal) for staff during working hours. Additionally, Party B has priority access to staff or volunteers from behind the tent.
In support of influencer marketing initiatives, Party B agrees to provide free offerings, including products, food, etc., to influencers invited by Party A. These offerings are intended to encourage influencers to promote Party B's products, food, etc. The delivery of these offerings to influencers will be conducted discreetly and from behind the tent to avoid disrupting the experience of other paying customers or attendees, ensuring that the influencers' treatment does not detract from the overall customer experience.To facilitate the recognition of influencers as VIP guests, they will be provided with VIP nameplates to wear during their engagement. This visible identifier will denote their VIP status, as agreed upon by both parties, ensuring they receive the appropriate level of service and recognition.
If Party B provides products to event sponsors, these should be provided free of charge from behind the tent. (Hold VIP nameplates.)
Product Sales under Party A's License Party B is granted the right to sell its products exclusively under license provided by Party A.
Consultant Fee Calculation and Payment
The consultant fee payable to Party B shall be calculated based on the net revenue generated from the sale of Party B’s products at the designated event, after the deduction of the applicable consumption tax.
For the purpose of calculating the consultant fee, “net revenue” shall be defined as the total sales amount generated by Party B’s products minus the applicable consumption tax.
Party A shall be responsible for calculating the consultant fee. The calculation will be based on the net revenue of Party B’s products sold during the event, with an explicit exclusion of the consumption tax.
The consultant fee payment to Party B shall be subject to Party A’s satisfactory verification of the sales and calculation of the net revenue. Party A reserves the right to adjust the fee payable in the event of discrepancies or disputes regarding the sales amount or the application of the consumption tax.
Payment Schedule Party A shall disburse the consultant fee to Party B within 60 days following the end of the event, subject to the completion of all necessary verifications and adjustments as mentioned in section 17(d).
Handling of Transfer Fees
Any fees incurred in the process of transferring the consultant fee from Party A to Party B, including but not limited to bank transfer fees, shall be split evenly between Party A and Party B.
Party B acknowledges and agrees to this arrangement and shall not seek reimbursement from Party A for any such fees.
Contest Regulations
Party B shall adhere to and agree to the following points regarding the contest regulations:
Party B shall provide the product at the amount specified by Party A.
The menu provided by Party B shall be limited to one type of item, and additional services such as toppings shall not be allowed.
Contest rankings shall be determined based on rules set by Party A, and Party A shall notify Party B of these rules two months prior to the contest Party B participates in.
Party B shall not request changes to the rules set by Party A.
The announcement of contest results shall, as a general rule, be kept private to avoid potential reputational damage based on contest rankings.
In case of fraud, Party B's prize shall be revoked.
Party B acknowledges that, due to water, gas, vendor troubles, or other unforeseen issues, the contest start time may be delayed to 11 AM instead of the originally scheduled 10 AM.
Cancellation Policy
If Party B decides to withdraw its participation from the Program After its official completion of the application process, Party B shall submit a formal cancellation Notice to Party A in writing. Upon receipt of this cancellation request, Party A will process a refund to Party B in accordance with the following stipulations:
If the cancellation request is made 61 days or more prior to the commencement of the Program, Party B is entitled to a full (100%) refund.
If the cancellation request is made between 31 and 60 days prior to the commencement of the Program, Party B is entitled to a partial (50%) refund.
If the cancellation request is made 30 days or less prior to the commencement of the Program, Party B is not entitled to any refund.
Product Preparation and Procurement Support
Party B agrees to comply with and adhere to the following points regarding the procurement of products, ingredients, and equipment for use within this program:
Party B shall cooperate to the maximum extent with Party A in the preparation and procurement of products, local ingredients, and equipment necessary for handling products within the Program.
Party B shall submit information about products, ingredients, and equipment to be used in the program, following the method provided by Party A, no later than 60 days before the scheduled event date.
Party A will propose the best available ingredients and equipment Party A can arrange, and Party B will comply with Party A’s proposal.
Party B acknowledges that there may be cases where Party B cannot procure the desired ingredients or equipment at the program venue. In such cases, Party A assumes no responsibility or cost for items brought in directly by Party B.
Party B shall present to Party A the "product name," "selling price," "product information," and promotional materials (images/videos) related to product promotion no later than 30 days before the scheduled event.
Concerning the rental equipment that is not included in the program fee, Party B shall choose from the equipment options provided by Party A. This selection shall be at the sole discretion of Party B. However, Party A assumes no responsibility or liability for the suitability, functionality, or condition of the equipment once it is in the possession of Party B.
In the event that the provided rental equipment is damaged or not properly stored or managed, Party B shall compensate Party A for the incurred losses.
Party B acknowledges and agrees that Party A's primary intention is to procure vendors from Japan. However, due to regulatory constraints between the United States and Japan, Party A may not be able to prepare or provide all necessary equipment, kitchen wares, and ingredients from Japan for the Program. Party B hereby recognizes and accepts that Party A will not be held accountable for the unavailability or non-provision of certain equipment, kitchen wares, and ingredients. Party B agrees to proceed with the Program under such limited conditions, utilizing the available resources to the best of its ability. Party B further acknowledges that the success of the Program does not solely rely on the complete provision of all the said equipment, kitchen wares, and ingredients from Japan, and that the Program can be effectively carried out even under these limited conditions.
Should Party B require equipment that is not offered or proposed by Party A, it shall be the sole responsibility of Party B to arrange for such equipment. Party B shall assume all risks and liabilities associated with the use and operation of such equipment.
Party B shall follow the rules specified by Party A in the management and use of rental equipment provided by Party A.
Should Party B cause damage to, destroy, or fail to return in a timely manner the rental equipment provided by Party A, Party A reserves the right to seek compensation for the value of the goods or any damages sustained. Party B hereby acknowledges and agrees to promptly fulfill any such compensation requests made by Party A, time being of the essence.