**Explanation and Future Policy Regarding the End of Himari Mochizuki's Activities and Crowdfunding**
We would like to extend our deepest gratitude to all of you who have been supporting "Liverary". As of Thursday, November 30, we've announced the termination of activities of Himari Mochizuki, and I would like to explain the circumstances that led up to this termination as well as inform you about our future crowdfunding policies. Please note that a breach of contract by Himari Mochizuki herself was also discovered after the previous announcement which has led to changes in our policies regarding crowdfunding. We hope for your understanding.
The details below are lengthy due to the inclusion of specifics regarding the sequence of events and the contents of the contract breach. Please bear with us.
Since around 2022, there has been an ongoing mismatch between the director in charge and Himari Mochizuki regarding the direction of her activities, leading to a non-conducive environment for smooth operations. As mentioned in a video published on the official Liverary channel on June 15, 2023, significant communication issues initially stemming from the assigned director caused a high psychological burden for Mochizuki within the Liverary community.
Despite numerous discussions among me (Mochizuki's representative), Manager Kashiwada, and Mochizuki herself, and attempts to resolve issues including rearranging personnel such as the director, the stress factors had extended to myself and the company as a whole, allowing no improvement and continued to drive us towards a highly stressful operation. (The director in question has since resigned from our company.)
In early September, the problem intensified, forcing a pause in activities on platforms such as YouTube and X (formerly Twitter).
Despite such issues, "Internet Radio Sarahimari" and external studio song recordings were possible, demonstrating a complex situation where activities involving external parties outside of Liverary were still feasible.
Acknowledging my shortcomings in proper personnel arrangement, staff management, and lack of consideration towards the talents, I accept the criticisms of my incapacity. We pledge to provide more opportunities for discussion moving forward, including company policy considerations.
We sincerely apologize for initiating the conditions that led to this situation of inactivity.
Unfortunately, we have confirmed serious misconduct by the talent, including breaches of contract, which are indefensible:
- Frequent failures to comply with agreements between the office and the talent, affecting the daily posting on X (formerly Twitter), live streams and short videos on YouTube, personal content on FANBOX.
- Canceling scheduled recordings on the day, making it impossible to plan schedules.
- Inability to fulfill promises essential for the completion of crowdfunding.
- Non-cooperation with announcements (including song projects from companies).
- Failure to respond promptly to office communications and occasionally being unreachable for important matters.
- Acquiring personal information from fans without office oversight.
- Preparing for new activities as a talent while keeping fans and supporters waiting due to delays in content and crowdfunding progress.
- Starting new competitive talent activities during the contract without announcing an end to activities or consulting with the office, considered a serious breach.
- Planning the new talent activities more than a year in advance.
- Actions like liking tweets addressed to Himari Mochizuki from the new talent's X (formerly Twitter) account, suggesting preparations for a transition.
We have submitted evidence (audio, chat logs, text) to our legal counsel to verify all the listed actions as true. Some might fall under confidentiality obligations, so we cannot disclose everything to the public.
Given these recurrent breaches and misconduct, maintaining a trusting relationship with the talent is deemed difficult. Independent of the contractual issues, the disregard for "Himari Mochizuki" and crowdfunding by the talent herself appears to trample on the emotions and trust of fans, supporters, and creators involved, which is an inexcusable problem.
There was an offer from the talent to end activities in June, but given the circumstances, we believe continuation is unfeasible. Proposals for independent continuation, including rights transfer, were considered, aiming to accommodate the talent's wishes. However, we received a final response from the talent indicating no attachment to "Himari Mochizuki" and no intention to continue under any conditions, leading us to abandon negotiations.
Following the decision to terminate, we requested the talent to engage with fans through the account until the conclusion of her activities (the end of crowdfunding), which she refused.
We are aware that publicly revealing such detailed circumstances will bring profound sadness to fans and protect the image of the talent should be a corporate stance. We anticipate criticism against our company, which may lead to a crisis that endangers our corporate existence. Nonetheless, despite the initial fault lying with us, the severe contractual violations and disrespectful conduct towards creators and fans go beyond what we can justify as a corporation.
We must acknowledge our failures, reform, and start anew. Transparency is necessary for the artist's future interactions with fans. We have received support from our staff and some crowdfunding collaborators for this disclosure.
Regarding crowdfunding, despite the termination of Himari Mochizuki's activities, we bear a responsibility to respect and fulfill our promises to the backers to the greatest extent possible. Here are the steps we plan to take in regard to the future of the crowdfunding projects:
1. **Communication with Backers**: We will establish a direct line of communication with the crowdfunding backers to keep them up-to-date on the new developments and next steps.
2. **Assessment**: We will carry out a thorough assessment of the current state of the crowdfunding projects, including financials, progress made, and obligations yet to be fulfilled.
3. **Fulfillment Strategy**: Our team will craft a strategy to fulfill the deliverables of the crowdfunding campaign, even in the absence of Himari Mochizuki, by exploring alternative solutions wherever feasible.
4. **Partial Refunds**: If it happens that certain deliverables are absolutely impossible to achieve without the cooperation of Himari Mochizuki, we shall explore the possibility of partial refunds or providing backers with alternative compensation of equivalent value.
5. **Legal Considerations**: Due to the nature of the breach of contract by Himari Mochizuki, we are consulting with legal counsel to understand what recourse may be available to offset the impact of the unfulfilled obligations on the crowdfunding efforts.
6. **Transparency**: Throughout this process, we commit to transparency with our backers, as we understand the importance of maintaining trust even in challenging circumstances.
7. **Future Policies**: Moving forward, we will review and reinforce our policies regarding crowdfunding to prevent such situations from occurring again. This will include clearer contractual terms with talents concerning their role and obligations in crowdfunding projects.
8. **Oversight and Management**: We will establish better project oversight and management practices to ensure regular updates and adherence to crowdfunding timelines and goals.
9. **Engaging Stakeholders**: We plan to work closely with other creators, stakeholders, and parties who have contributed to the crowdfunding project to seek their input on how best to move forward under the current conditions.
We understand that the termination of Himari Mochizuki's activities is a significant disappointment, and the issues surrounding the crowdfunding campaign add to the complexity of emotions involved. We hope our efforts will, in some way, mitigate the impact and lead to a resolution that, while not ideal, upholds the spirit of the commitments made.
We ask for the continued support and patience of the backers and community as we navigate through this process. We acknowledge the trust placed in us and the significance of this matter, and we are dedicated to handling it with the utmost care and responsibility.
Please reach out to our designated point of contact for further inquiries or concerns regarding the crowdfunding projects.
Sincerely,
[The Representative or Communication Team]