UlasanAnime.com – Living under a rock for the past month and change, thanks to the internet, has left many wondering what’s going on. Realistically, did people travel to events like Anime Boston without knowing they were cancelled? If so, please share your story, as it would be fascinating to understand that experience.
On a more serious note, having attended over five conventions annually for more than a decade, the absence of these events is deeply felt. While the days of camping on hotel carpet floors and waiting in line for events, sharing the experience with like-minded individuals, are not what I necessarily miss the most, I find myself missing even that now. What I truly yearn for is the anticipation and, at times, the rewarding payoff. The cancellation of Anime Boston, being my first significant casualty this year, is a stark reminder of this reality. I particularly enjoy the presence of guests like Takahashi Minami. Fortunately, I remain employed, can cover my expenses, and am in good health. My appreciation extends to delivery personnel, retail workers, many of whom are friends and family, as well as medical professionals and first responders who are on the front lines of this pandemic.
With these personal reflections aside, the following advice pertains to US/Canadian conventions. Further discussion on other event types will follow at a later time.
- Assume all conventions for 2020 are cancelled. This includes AWA and Anime NYC. Until a widely available vaccine is developed in the United States, it is highly improbable that non-essential, large-scale entertainment events will be permitted. The US has endured significant economic hardship, with tens of millions losing their jobs, to curb the virus’s spread. Within this context, without a vaccine, there is no chance for events that could potentially infect thousands of people. This is especially true for activities that are purely for leisure. Vaccine development is projected to take about a year, meaning the earliest optimistic scenario for a vaccine is early 2021, though realistically, mid-to-late 2021 is more probable, considering the immense task of producing and distributing hundreds of millions of doses, even just for Americans.
- Do not be overly concerned with convention announcements of cancellations. Ultimately, you will not be attending any conventions in 2020 regardless. However, it is advisable to keep track of which conventions are cancelled and their respective refund policies.
- Recognize that conventions differ significantly. Some operate as for-profit entities focused on mass appeal, while others are educational non-profit organizations striving to bring in prominent Japanese talent. Conventions are in varying financial states; similar to the XFL, some may face bankruptcy this year, while others may not. The timing of cancellation announcements might be strategically chosen by convention organizers to achieve a better financial outcome. However, for attendees, this distinction is largely irrelevant as you will not be able to attend any of them anyway, as they will inevitably be cancelled sooner or later.
- Convention organizers may opt to cancel closer to the event date to potentially access insurance claims or trigger escape clauses in contracts, which often require specific government policy announcements. Until such announcements are made, they may delay their own cancellations.
- Please refrain from harassing or pestering convention organizers. Everyone involved is aware of the current situation, especially those responsible for managing conventions, as it is their profession. Convention organizers are facing considerably more challenges than attendees. If you do not believe this to be true, it might be best to set aside concerns about conventions and focus your free time on addressing your own issues. After all, what is truly at stake, unless you are an artist or vendor whose livelihood depends on conventions?
- For artists and vendors who are experiencing difficulties, it is hoped that applications for SBA loans (PPP) were successful, though reports suggest limited success. My condolences for any hardships faced. You have a legitimate reason to press convention organizers for refunds, as your livelihood is directly impacted.
- Regarding refunds versus rollovers: If you are certain you will attend next year, it is generally more beneficial to opt for a rollover. Convention prices may increase due to financial losses incurred by cancelled events. If you require the funds back or are uncertain about your attendance next year, then by all means, pursue a refund. Expect price increases across the board in the near future.
Regarding Force Majeure: This is a legal term for an “act of God,” a broader category encompassing circumstances that may lead to contract termination due to unforeseeable events beyond the control of the parties involved. Essentially, unless such an event occurs, parties are expected to adhere to their signed contracts. Most legally binding contracts include a clause outlining the procedures in the event of a force majeure situation. This clause typically specifies what happens, often mentioning provisions for refunds or partial reimbursements. It may also list specific natural events that are either excluded or included as force majeure occurrences. Generally, common occurrences are not considered acts of God. It is undeniable that government-mandated shutdowns to combat a pandemic would be considered an act of God in the context of executing contracts related to an anime convention. (Perhaps this is why the country is in such a predicament, LOL.)
The situation becomes more complex as different types of contracts address this issue with varying degrees of specificity. Most service contracts, such as those for catering or venue rental, may not delve deeply into this matter. However, insurance contracts typically do, as their purpose is to cover unforeseen events. Robust insurance policies are designed to cover unusual and unpredictable circumstances. Conversely, less comprehensive or cheaper policies may explicitly exclude coverage for such events. The cost of insurance reflects this difference. It is highly probable that some conventions have insurance coverage for COVID-related cancellations, while others do not.
The critical point is that the specifics of a force majeure event are defined by the contract itself. Therefore, the consequences for a convention experiencing such an event are not uniform. Different contracts will have distinct terms. While many contracts for convention-related services tend to be similar or boilerplate, variations exist, making it unwise to compare the legal standing of one convention with another. Furthermore, conventions are in different financial positions. For-profit conventions have different limitations compared to non-profit ones. This is not akin to purchasing items from Amazon. Conventions negotiate with other businesses that are also facing economic challenges. Consequently, funds that conventions have already paid out may not be recoverable or might be deferred to the following year. It is up to each convention to negotiate these arrangements with their suppliers.
Consider the analogy of renting a wedding hall for an anime convention. A deposit is typically required well in advance, often a year or more before the event for 2020 conventions. The remainder of the payment is then due closer to the event date. For conventions like Anime Boston, it is highly likely that all payments were made before the Federal emergency declaration.
Another factor in the cascading effect of convention cancellations is the flexibility of the venue. Venue rental is often the most significant expense associated with running a convention, including associated hotel costs. Since most conventions partner with large hotel chains, these arrangements are generally easier to manage in terms of event cancellation. Hotels possess national or even international brand sensitivity, and a substantial portion of their revenue comes from individual bookings. Organizations are more akin to loss leaders, as hotels profit more from selling rooms to convention attendees than from renting out ballrooms. Convention centers owned by companies specializing in event rentals, particularly large ones like AEG, have less leeway as event rentals constitute their entire revenue stream, unlike hotels. These centers are likely to be less accommodating. Convention centers affiliated with local municipalities may align their decisions with government announcements, but this is not guaranteed. However, many locally owned convention centers do not have shareholders, which can influence their decision-making processes.
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Hopefully, this information proves helpful. Given the prevalence of misinformation online during this pandemic, let’s strive to avoid adding to it.
