Souk Exhibitors Contract of Agreement
Important
Introductory notes
It is a well-established fact that the annual
Souk Trade Fair is a major event. As such
there are a host of role players who by law
or otherwise play an integral part in its
functioning.
A few examples:-
• The fire department
• The appointed Souk safety officer from
the ICC
• Electricity department
•The water department
• The South African Police Services
• The Al Ansaar Foundation Managers
• And others
With this in mind it is the responsibility of
every vendor to understand the contents of
this contract and accordingly comply with
all provisions as set out herein. A violation
of any kind, wilfully or otherwise will result
in serious consequences to the extent that a
contract may well be appropriately
cancelled. You would therefore be well
advised to consider all requirements with a
measure of seriousness should you require
clarity on any aspect please do contact the
Souk co-ordinator.
Regulations in respect of:-
• Safety and Fire Hazards
• Aisle Encroachment –
All conference, exhibition or any other
venues at the Souk require that all aisles
and access to fire doors are kept free and
left open at all times.
Exhibitors are to utilise approved space
allocation only – NO ENCROACHMENT WILL
BE PERMITTED.
• Banners – Teardrop/Upright Banners
• Banners will only be allowed provided
prior authorisation is obtained from the
Souk Management Organizers. This applies
to all exhibitors and sponsors in respect of
internal/external display.
• Product List
• Exhibitors will only be allowed to sell the
products listed on his/her application, and
which have been verified and approved by
the Event Organisers. In the event of the
exhibitor selling any product other than
those specified and approved by Event
Organisers, the Event Organiser reserves
the right to remove and confiscate such
goods or request the exhibitor leaves the
exhibition hall. Exhibitors will forfeit all
amounts paid to the organisers and shall
not claim refunds in the event of him/her
carrying or selling products other than
those specified and approved by the organisers.
• Distribution of Brochures
• No brochures will be allowed to be distributed
from any area other than your stand.
• P.A Systems/Audio/Visual Equipment
• NO PA Systems Equipment are to be
permitted on any stands where exhibitors
are required to demonstrate products.
Exhibitors displaying audio/visual equipment
(for branding only) are requested to
keep the volume as low as possible or use
headphones.
• Stall Maintenance
• Exhibitors must ensure that the demarcated
area of his/her stall is maintained in a
clean, tidy and sanitary condition and must
not allow accumulation of refuse in/outside
the area of his/her stall.
• Approval of Stands
• In the interest of maintaining a dignified
level of the stalls presentation, the Organisers
will inspect all stands 2 hours before the
Souk opens. Should the rules not be
adhered to the exhibitor will be given notice
to rectify the problem within 2 hours or the
stand will be closed.
Stand build up must be completed by the
designate time of the Souk opening.
• Dismantling of Stalls
• The exhibition hall will close promptly to
the public at 22h00 on the final date of the
Souk. Exhibitors may not start dismantling
his/her stand before closure. Exhibitors will
be allowed to remove goods after the
closure of the exhibition.
• Electrical appliances : Procedure, Regulations
& Safety
• Electrical installations must be of a nature
to ensure safety in the use of electricity and
must be carried out in a competent manner
by the registered electrician; details of
preferred service provider can be obtained
from the Organiser upon bookings. Where a
fault becomes apparent, the equipment
must not be used until the fault has been
rectified. All electrical installations must
comply with the requirements of the Occupational
Health & Safety Act (85 of 1983) as
amended by the Occupational Health &
Safety Act (181 of 1983) and the Labour
Relations Act (66 of 1995)
All electrical installations must comply as
follows:
Each installation shall be effectively bonded
to earth.
Wiring shall be three core twin and earth
not less than 1.5mm cross sectional and be
PVC electrometric or other plastic sheathing.
Joints shall not be made except where
connecting into a circuit and insulated.
Screwed connectors shall be used and
totally enclosed in insulated enclosures.
All wiring shall be effectively protected and
fixed to prevent damage and risk of injury.
Cables placed under carpets are prohibited
unless suitably protected.
Complete the Section-Electrical Hire should
you require additional lighting, plugs or
electrical installations etc.
10. Electrical Supply
• The cost of an exhibition stand package is
inclusive of two spotlights and one plug
point. Additional lighting may be ordered
from the Organisers. Shell scheme stands
do not have electrical fittings and additional
lighting. Please complete the Section-Electrical
Hire as required, Floor Space only
exhibitors please order a single-phase
distribution board to get a source of
electricity to your stand: please complete
the section-Electrical Hire.
Caterers to confirm electrical requirements
upon booking. NO GAS EQUIPMENT WILL
BE PERMITTED INDOORS.
11. Caterers
• Both indoor and outdoor require the City
Health Department clearance certificate
and the fire Department clearance certificate.
Documents are to be submitted to the
Event Organisers upon booking. Final
inspection will take place at the venue on
the day of the opening of the Souk, by both
the Health Department and the Fire Department.
12. Opening & Closing
• The trade fair officially opens to the public
daily from 12:00pm and closes at 12:00am
unless otherwise advised. Exhibitors are
reminded not to leave their stands
unattended before the public has left the
Souk.
13. Entrance Fee
• The Entrance fee for visitors to the exhibition
is determined by the Organisers of the
Souk and will be advertised prior to the
event. Tickets will be on sale at the visitor’s
gates.
These prices are final. The Organisers will
not entertain any discussion relating to the
entrance fee from exhibitors.
Objections, petitions etc. relating to the
above will be considered an infringement of
the rules and the Event Organiser reserves
the right to have violator(s) removed
without negotiation for compensation for
loss of business.
14. Code of Conduct
• The aim of the organisers is to maintain
and improve the standards, service and
professionalism of all its members within
the industry, which, operates within a
framework of a Code of Conduct for the
benefit of the exhibitor and the industry as
a whole.
15. Fascia Name Board
• A Fascia board is included in your stand
cost (applicable to Exhibition stands only).
You may not replace it with another type of
fascia. Company logos may be presented
within the stand parameter in a tasteful,
discreet manner. Please complete the
Section- Fascia Name Board to confirm your
name requirements.
16. Fire Regulations
• The Fire Department has laid down the
following regulations concerning exhibition
stands: (all stands are subject to inspection
by the Fire Department).
17. Firearms/dangerous weapons
• No personal firearms may be carried in
the venue during the Souk period.
18. Floor Space – Stall Construction
• All stand designers, stand builders and
‘floor space only’ Exhibitors must obtain a
copy of the Safe Working Practices requirements,
(from the Organiser, and submit a
complete plan of their stand, at least 60
days prior to the Souk. No stand construction
will be allowed, without the organisers
receiving the Service Form-Notice of Intent,
(available on request). Designs for floor
space only stands, must be submitted to the
organisers who reserve the right to reject a
design which unreasonably obscures or
affects other nearby sites in any way.
19. Smoking
• Smoking of any sort (inclusive of electrical
vape) is strictly prohibited within the Souk.
This is in keeping with Government legislation.
20. Security
• There will be 24hr security from build-up,
until the date of closure. The security
provided by the organisers is general hall
security and not individual stand security.
The official security contractor is the only
security allowed in the venue. The organisers
are not liable for the loss or theft of any
goods.
21. Transfer
• Under no circumstances will exhibitors be
allowed to lease or re-sell their stands to
person/s without the authorisation of the
organisers. In the event of breach, the
organiser reserves the right to confiscate all
goods at the stand and request the Exhibitor
to leave the Souk immediately. Organisers
will request positive identification to
authenticate ownership. All payments will
be forfeited.
22. Good Removal & Selling of Stands
• Exhibitors are responsible for ensuring
that an appropriate receipt to validate the
sale accompanies any goods leaving their
stands during the Exhibition. Receipts must
be supplied to visitors who purchase goods
from exhibitors’ stands during the Souk.
23. Tables/Chairs
• Tables and chairs can be hired by completing
Section-Furniture Orders. NO equipment
will be available on Souk days if not
previously ordered and paid for in full, two
weeks prior to the exhibition. Exhibitors will
not remove from the premises any item
hired out to him/her. ALL FURNITURE HAS
TO BE RETURNED TO THE SECURITY TEAM
PRIOR TO LEAVING THE VENUE. Furniture
may be hired from the service on site during
build up.
24. Stability – Safety of structures
• All materials being used for the purpose
of decorative enhancement must:-
• Be well secured/taut or in tight pleats to
solid backing at floor level
• Be able to pass flammability tests or
surface spread fame tests
• Any paints used must be
water based – spraying of paints will not be
permitted
• Any empty spaces in the stand surroundings
may not be used for the purpose of
storage of any empty crates, cartons, boxes
or packaging material.
25. Punctual Opening of stalls
• All exhibitors/ stand holders must be at
their stands by 11h30 on Souk days. Loading
will take place each morning between
10h45 and 11h45 on Souk days. Exhibitors
must remove their vehicles as soon as they
have off-loaded. Vehicles may not be left
unattended at the front entrance. Packaging
should be cleared away on a daily basis.
A spot fire fine will be issued for late opening
of stalls.
26. Enquiries and Complaints
• All enquiries and complaints may be
addressed with the organiser or the Co-ordinator
who will be based in the ORGANISERS
OFFICE.
27. Defined Terms
• Souk means the specific exhibition identified
on the front page of this agreement
exhibition facilitates means all venues or
facilities in which or where the Souk is
conducted including build-up, Souk
management means Al-Ansaar Islamic
Society, a South African company, and its
officers directors, members, agent affiliates,
representatives, employees, service
contractors, successors and assigns, unless
the context requires otherwise. Venue
management means the owner or manager
of the exhibition facilities, in which the Souk
is conducted, and employees and agents.
Exhibitor means applicant identified on the
front hereof exhibit space (exhibit space or
booth space) means space applied for
herein, Exhibit space fee, including all
deposits and other fees to be paid to the
Souk management as set, forth on the front
of this agreement. Souk management and
exhibitor are collectively referred to this
agreement as the parties and party on the
singular.
28. Souk Rules and Regulations
• Souk management will have the right, to
establish and/or modify the Souk rules and
regulations and the use of exhibit space
covered by this agreement, as deemed
appropriate by Souk management. Souk
rules and regulations shall be available to
each exhibitor prior to the Souk. Please
read the Souk rules and regulations which
will be provided to you. Souk management
will endeavour to provide exhibitors with
changes or modifications to the Souk rules
and regulations, however, failure to provide
or non-receipt of such changes will not
invalidate or nullify such changes or modifications.
29. Effect Date of Agreement
• This agreement becomes a binding
contract between Souk management and
the exhibitor (effective date), subject to
each party’s respective rights set forth in
this agreement. A non-refundable payment
in accordance with exhibit space payment
schedule is required upon exhibitor’s return
of this agreement to Souk management.
As of the effective date exhibitor agrees to
(i) use the exhibit space assigned by Souk
management in accordance with the terms
and conditions and Souk rules and regulations
and (ii) pay the required exhibit fee
space by the deadline dates established
herein. No exhibitor shall be permitted to
exhibit or participate in the Souk or gain
access to the exhibition facilities unless and
until the exhibitor has settled in full the
agreed exhibition fees.
30. Exhibitor
• Eligibility is generally limited to companies,
firms or entities actively and legitimately
engaged in the business of manufacturing,
distributing or selling at wholesale/
retail, merchandise, material, services
or supplies related to the Souk.
31. Displaying of Goods, Products and
Services Rendered
• Exhibitors may only display or exhibit
products, and render services as set out on
the second page of this agreement or as
agreed to by the Souk management. Souk
management will determine whether a
prospective exhibitor is eligible to participate
in the Souk, the suitability of any
merchandise or services being offered.
Souk management reserves the right or
approval as to which adverts or other exhibitors
is allowed to display within its exhibit
space. The design of exhibit booths will be
controlled and approved by Souk management
exclusively.
32. Withdrawal/Cancellation/Modification
of Exhibitor Space Allocation
• The Acceptance, the timely payment of
the exhibit of the exhibit fee, or Souk
managements deposit of the exhibitors
exhibit space fee payments does not
guarantee the exhibitor will be (i) permitted
to exhibit at the Souk (ii) assigned to a
particular section or location within the
exhibition facilities or (iii) provided the
actual amount of exhibit space requested.
Notwithstanding anything herein to the
contrary, Souk management, in its sole and
absolute discretion, retains the right to
refuse, to provide or assign, to modify or to
cancel exhibitors exhibit space assignment,
and/ or terminate this agreement, without
cause, for any or no reason whatsoever, at
any time, without liability or further obligation
to the exhibitor. Souk management
shall not be held responsible or liable for
any costs, expenses, damages or any other
sums whatsoever incurred by the exhibitor
or any other party as a result of any exhibit
space rejection, cancellation, modification
or change in exhibit space assignment. If
exhibitors exhibit space application is
rejected or cancelled by Souk management
prior to the Souk, the exhibit space fees
paid by the exhibitor will be refunded,
except if the rejection or cancellation is due
to exhibitor’s breach of this agreement or
as otherwise stated herein.
33. Compliance Requirements
• Exhibitor agrees to abide by, adhere to
and be bound by all applicable state and
local laws, codes ordinances, rules and
regulations, including without limitation
fire, utility and building codes and regulations,
and any rules or regulations of the
exhibition facilities.
34. Souk related commercial messages
• Any information provided to the Souk
management, including contact information
and other personally identifiable
information, exhibitor hereby grants Souk
management the right to use or release
such information for all lawful Souk
management and Souk related business
purposes.
35. Meetings and Bulletins
• The exhibitor shall attend all exhibition
meetings convened by the organiser. If the
exhibitor fails to attend any such meetings,
the directives issued by the organiser at
such meetings, the organiser shall not be
liable to the exhibitor for any loss or prejudice
suffered by that exhibitor as a result
thereof.
36. Restriction of Assignment and Subleasing
Exhibit Space
• Exhibitor cannot sell, assign, transfer or
convey this agreement, or assign, share,
sublet its exhibit space or any part thereof,
without the prior written approval of Souk
management, which approval may be
withheld in Souk Management’s sole discretion.
This agreement the terms and conditions
and Souk rules and regulations will be
binding upon and insure to the benefit of
the Souk managements approved successors,
assigns, and personal representatives
of exhibitor. Any attempted sale, sharing,
subletting, assignment, and transfer,
conveyance of this agreement or any
portion of the exhibit space in violation of
this section shall constitute a breach of this
agreement and such action will be voidable
at the option of the Souk Management.
37. Withdrawal or Reduction in Exhibit
Space
• Exhibitor acknowledges and agrees that
(A) each of the following shall constitute a
material breach by exhibitor of its obligations
under this agreement: (i) any cancellation
or termination of this agreement by
the exhibitor (ii) exhibitors withdrawal from
the Souk or exhibitors failure to participate
in the Souk In manner described herein (iii)
any reduction by exhibitor of its exhibit
space and (B) Souk management will suffer
damages based upon and arising from such
breaches. Exhibitor further acknowledges
that the prejudices suffered by the Souk
management from the breaches described
in the preceding provision will be substantial
and that the parties may not be able to
determine the extent to such damages
accurately. Therefore, the following provisions
and agreed upon damages that have
been incorporated into this agreement and
agreed upon by the parties as valid and
reasonable pre-estimated of such damages
and not as a penalty. If exhibitor breaches
Souk management that it is reducing the
number or size of its exhibit space/s as set
forth on the front side of this agreement for
any reason or no reason, exhibitor shall be
charged an automatic processing fee:
R3000.00 per m2 of exhibit space cancelled,
terminated, withdrawn or reduced (the
processing fee). Notices advising Souk
management that exhibitor is cancelling or
terminating this agreement, withdrawing
from the Souk or the exhibitor is reducing
its exhibit space must be made in writing
and shall be deemed delivered to Souk
management on the date such notice is
actually received by Souk management. In
the event, Souk management is notified
that exhibitor is cancelling or terminating
this agreement, withdrawing from the Souk
or reducing its exhibit space at least 120
days prior to the Souks first move-in date,
then notwithstanding the exhibitors breach
of this agreement, exhibitor shall receive a
refund of, as applicable, all part of the
exhibitor space deposit or other fees paid
(less the application fee). In the event, Souk
management is notified that exhibitor is
cancelling or terminating this agreement,
withdrawing from the Souk or reducing the
exhibit space less that 120 days prior to the
first move-in date, exhibitor agrees that (i)
exhibitor shall forfeit its entire exhibit space
and booth packages originally ordered by
exhibitor, as on the front side of this agreement
and (ii) Souk management shall retain
all such amounts as liquidated damages
arising from exhibitors cancellation or
termination of this agreement withdrawal
or reduction of its exhibit space are payable
to Souk management simultaneously with
notifications provided by exhibitor contemplated
by this section upon notice of exhibitors
cancellation or termination of this
agreement, its withdrawals from the Souk
or reduction in exhibit space, exhibitor shall
lose all rights to assigned exhibit space, and
management, in its sole discretion , may
reassign the exhibit space to another party.
All cancellation, termination, withdrawals
or reductions in exhibit space notifications
must be provided to Souk management in
writing. Notices communicated to Souk
management in electronic form will not be
considered to be written. The date of
cancellation, termination, withdrawal or
reduction in exhibit space as applicable,
shall be the date on which the notice is
actually received by Souk management.
Liquidated damages paid cannot be applied
toward exhibit space at other Souks or
advertisements. Souk management
assumes no responsibility for having included
the name of the withdrawn exhibitor or
description of its products in Souk directories,
brochures, news releases’ or other
material relating to the Souk. Any termination,
cancellation or failure of exhibitor to
actually occupy the exhibit space assigned
to exhibitors constitutes a material breach
by exhibitor of this agreement and may,
un-Souk managements sole discretion,
result in partial or complete forfeiture of
exhibitors rights under any applicable
discounts, sponsorship agreement or
opportunities associated with the Souk,
including, but not limited to the right to
present speakers, or participate in any
conference component of the Souk. If a
reduction in exhibit space is requested by
exhibitor and consented to by Souk
management, exhibitors exhibit space
location on the Souk will be processed
within 90 days after the close of the Souk
and no interest will be paid on any amounts
received by Souk management. Exhibitor
agrees to pay penalty fee a rate of 1.5% per
month (18% per annum), on all past due
balances due to Souk management.
Exhibitor agrees to pay any collection costs,
including but not limited to court costs,
collection fees, and attorneys fee. If the
party signing this agreement on behalf of
the exhibitor has not been authorised to do
so, the exhibitor hereby agrees that in such
cases its members, directors or partners as
the case may be personally liable for all
obligations in terms of this agreement.
Should the exhibitor be a company, close
corporation, trust, association or partnership,
then the signatory hereto agrees to
blind him/ herself as surety for and co–principal
debtor with the exhibitor for all
amounts owing by the principal debtor in
terms of this agreement to the organiser.
The signatory hereto, further hereby
renounces the benefits and defences of
exclusion and division.
38. Force Majeure
• If the Souk is terminated
for any reason beyond the reasonable
control of the Souk management, including
without limitations, acts of God and war,
mob riot or civil commotion, strikes, labour
disputes, accidents, governmental laws,
ordinances, regulations, requisitions off
restrictions.
39. Indemnification
• to the maximum extent
permitted by law exhibitor agree to protect,
indemnify, defend (with legal counsel
satisfactory to Souk management) and hold
harmless, Souk management, the exhibition
facilities and the city where the Souk is
held and their respective owners, directors,
officers, members, employees, affiliates,
service contractors, agents and representatives,
as applicable, from any and all claims,
actions, demands, damages, liability, or
expenses of any kind or nature, including
without limitation judgements, interests,
reasonable attorney’s fees and all other
costs and charges in connection with or
arising out of (i) exhibitors use of any the
exhibition facilities or Souk services, (ii)
exhibitors noncompliance with or breach of
this agreement or any statutory, regulatory
or common law obligation, (ii) exhibitors
failure or alleged failure to obtain any
necessary third party licenses or certification
to stage, produce and or perform any
copyright musical or other works in connection
with Exhibitors activities at the Souk
(iv) exhibitors direct or indirect infringement
of any copyright, trademark or other
intellectual, proprietary, publicity or privacy
rights of any third party in connection with
exhibitors activities at the Souk or any
public relations, promotional or other
material furnished by or behalf of the exhibitor
and (iv) any claims of property damage
or personal injury including death, caused
by or attributed in part or in whole to any
action or failure to act whether by
negligence or otherwise, officers on the
part of exhibitor or its products or any of its
directors, officers, employees, agents,
representatives, guests or invitees, except
to the extent due to the sole negligence or
wilful misconduct of Souk management or
its owners, directors m officers, employees
representatives and agents.
40. Insurance
• Exhibitor has full responsibility
for its product, equipment, displays
and Exhibit space personnel. As a condition
for exhibitors rights to exhibit at the Souk,
exhibitor, at its own expense , agrees to
maintain adequate insurance to fully
protect and indemnify Souk management
and its affiliates, co-sponsors, service
contractors and the Exhibition facilities
from any claims, arising from exhibitors
presence or activities at the Souk.
41. Limitation of liability
• EXHIBITOR EXPRESSLY
ASSUMES ALL RESPONSIBILTY, LIABILITY
AND RISK ASSOCIATED WITH, RESULTING
FROM OR ARISING IN CONNECTION WITH
EXHIBITORS PARTCIPATION OR PRESENCE
AT THE SOUK INCLUDING WITHOUT LIMITATION,
ALL RISKS OF THEFT, HARM, LOSS
DAMAGE OR INJURY TO OR OF ANY PERSON
(INCLUDING DEATH), ITS OWN PROPERTY
OR THE PROPERTY OF OTHERS, BUSINESS
OR PROFITS OF EXHIBITOR, TORTUROUS
ACTIVITY OF ANY KIND (INCLUDNIG LIBEL,
SLANDER OR INJURIES CAUSED BY SOUND
LEVELS IN OR AROUND EXHIBITORS EXHIBIT)
WHETHER CAUSED BY NEGLIGENCE,
INTENRIONAL ACT, ACCIDENT, ACTS OF GOD
OR OTHERWISE PRIOR TO DURING SUBSEQUENT
TO THE PERIOD COVERED BY THIS
AGREEEMENT.
IN NO EVENT WILL SOUK MANAGEMENT,
SOUK MANAGEMENTS SERVICES CONRACTORS,
THE EXHIBITION FACILITIES OR THE
CITY WHERE THE EXHIBITION FACILITIES
ARE LOCATED OR THEIR RESPECTIVE
OWNERS, DIRECTORS OFFICERS, EMPLOYEES,
AGENTS AND REPRESENTATIVES BE
LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, SPECIAL EVENTS, PUNITIVE OR
INCIDENTAL DAMAGES OF ANY NATURE OR
FOR ANY REASON WHATSOVEVER WHETHER
OR NOT APPRISED OF THE POSSIBILITY
OF ANY SUCH LOST PROFITS OR IMPLIED,
REGARDING THE NUMBER OF PERSONS
WHO WILL ATTEND THE SOUK OR REGARDING
ANY OTHER MATTERS. EXHIBITOR
EXPRESSLY ACKNOWLEDGES AND AGREES
THAT THE TO THE MAXIMUM EXTENT
PROVIDED UNDER APPLICABLE LAW SOUK
MANAGEMENTS MAXIMUM LIABILTY TO
THE EXHIBITOR IN ANY WAY RELATED TO, IN
CONJUNCION WITH OR ARISING FROM THIS
AGREEMENT, THE USE REFUSAL, REJECTION
OF EXHIBIT SPACE, OR JUDICAL DETERMINATION
OF SOUK MANAGMENTS WRONGFUL
CANCELLATION OF EXHIBIT SPACE WILL BE
LIMITED SOLELY TO THE RETURN OF ALL OR
A PRORATED PORTION OF ANY EXHIBIT
SPACE FEE PAYMENTS PREVIOUSLY PAID TO
SOUK MANGEMENT BY EXHIBITOR.
PLEASE
42. Intellectual property, music licensing
and use of copyrighted works:
• By executing this agreement, exhibitor
represents and warrants Souk management
that exhibitor owns or validity possesses
the right to make use, perform, sell and
display any patented products, copy righted
works trademarks, service marks and trade
names (collectively, intellectual property)
as the case may be, used by the exhibitor at
or to promote its activities at the Souk and
all affiliated events. To the extent necessary
to fulfil Souk managements express obligations
hereunder, including without limitations,
to advertise, promote and market the
Souk, shopthefloor website, retailers club
website or any other website or any other
website connection therewith, exhibitor
hereby grants Souk management a nonexclusive,
royalty –free, revocable, non
–transferable worldwide licence (without
the right to sublicense) to names, icons,
buttons, banners, graphic files and images.
Exhibitor will be responsible for securing
any and all necessary licenses or contents
for (a) any performances, displays or other
uses of copyrighted works, trademarks or
Exclusion of Liability:
1)Neither the stall holder nor its officers, employees, agents,concessionaries, suppliers, contractors and or customers shall have any claim of any nature against Al Ansaar for any loss, damage, injury or death which any of them may directly or indirectly suffer or for any remission of rental, nor shall the stall holder be entitled to withhold or defer payment of rental or any other amount due in terms of this agreement per reason of:
1.1 Any latent or patent defect in the stall whether existing at the time of occupation or which manifest itself anytime during the term of the duration of the exhibition, including any defect arising from any repairs/installations or maintenance effected at the instance of the authorities in terms of this agreement;
1.2 Fire on the premises;
1.3 A Theft from the premises;
1.4 vis majeure or causes fortuitous or any other cause either wholly or partly beyond the control of the Al Ansaar Foundation;
1.5 The use or interruption of the Souk as a result of any interventions by any authorities or by any cause whatsoever beyond the control of the Al Ansaar Foundation;
1.6 Consequential loss;
1.7 Any loss to persons or premises and/or property caused by riots, civil commotion, insurrection or actions taken by the stall holders or the Foundation to mitigate the effect or prevention of the aforementioned;
1.8 Any other causes whatsoever.
2) It is specifically recorded that in the event of the stall holders taking occupation and thereafter for any reason the exhibition being terminated by reasons beyond the control of The Al Ansaar Foundation, the stall holders will not be entitled to any refund. However, if the exhibition is terminated prior to the stall holders taking occupation then in that event the Foundation will refund a proportionate amount to the stall holders in mitigation of any damages that may be suffered., alternatively the full amount depending on the circumstances prevailing.
3) The stall holders hereby irrevocably and unconditionally indemnify and absolve the Foundation absolutely from any liabilities for any claim and/or actual contingent losses, liabilities, damages, costs or (Including legal costs) and any other additional costs or expenses which the Foundation / or the stall holders may suffer of incur as a result of the Foundation lawfully exercising its rights arising out of or in connection with this agreement.
patented inventions or designs and (b) any
use name, likeness, signature, voice or
other impression other impression, or
other intellectual owned by others at the
Souk.
43. Souk Management decisions
• Any and all matters, compliance issues or
questions not specifically covered or
addressed in this agreement, the rules and
regulations will be subject solely to the
decision and determination of Souk
management. Exhibitor agrees that Souk
management will have full power in any
matter of interpretation, amendment and
enforcement of all terms and conditions
and Souk management is or will be party as
it deems necessary for the general success
of the Souk, and in all instances Souk
managements rulings will be final.
44. Governing Law
• This agreement and these terms and
conditions shall be construed as a whole in
accordance with their fair meaning and the
laws of the Republic of South Africa. The
exhibitor and Souk management agree that
any and all disputes in any way relating to or
arising out of this agreement or the assignment,
use, denial, change, or cancellation
of exhibit space, shall be governed by the
law of the Republic of South Africa, and
such will take place in the court of law in
South Africa. For the purpose of delivery of all notices and/or
processes arising from or in connection
with this agreement, the exhibitor chooses
as its domicilium citandi et. executandi the
address stated in this agreement.
45. Entire Agreement
• This agreement, the Souk rules, regulations;
any amendments and schedules
referred to herein constitute the complete
and exclusive statement of the terms of the
agreement between Souk management and
exhibitor pertaining to the Souk supersedes
any and all prior oral or written understandings,
quotations, communications and
agreements. No person is authorised to
make any changes, amendments or modifications
to this agreement without the
written consent of Souk management.
PLEASE NOTE: All deposits made for Souk Trade Fair are non-refundable.