Exhibitor Application & Agreement
Contents
1. by or on behalf of Show Management its affiliates lines of business and divisions 23 ADDITIONS amp CORRECTIONS interest of the Show upon written notice to Exhibitor Exhibitor agrees to accept notice of additions or amendments and Show Management may amend these terms from time to time in the best to consider them as part of this Agreement INITIALS2. means Cape Town Hair and Beauty Show 2 AGREEMENT This application when properly executed by Exhibitor and upon written acceptance by Show Management shall constitute a valid and binding license agreement Show Management reserves the right to accept or refuse any application for participation in the Show in its sole discretion Show Management reserves the right to interpret this Agreement and to adopt further regulations as may be deemed necessary by it for the general success of the Show including the conditions rules and regulations stated herein in the Exhibitor Service Manual Sponsorship Materials and in the Venue Management contract to which Show Management is or will be a party all of which are made a part hereof as though fully incorporated herein and the Exhibitor agrees to be bound thereby 3 USE OF SPACE Show Management reserves the right to decline prohibit or expel any exhibit or item or feature thereof which in its judgment is inappropriate or out of keeping with the character of the Show this reservation being all inclusive as to persons things printed matter product conduct sound level etc Exhibitor agrees to change the wording of any sign determined by Show Management not to be in the best interest of the Show Noisy or obstructive exhibits or activities producing objectionable noise or odors are prohibited Sound amplifying devices may be operated only at levels not objectionable to other Exhibitors Distribu
3. The forego ing insurance requirement includes claims under the Worker s Compensation Act or for personal injury death or for damage to property Exhibitor understands that neither Show Management nor the Hall maintains insurance covering the Exhibitor s property and it is the sole responsibility of the Exhibitor to obtain such insurance B Exhibitor is responsible for any and all dam ages caused by Exhibitor or Exhibitor s agents employees or guests Exhibitor agrees to indemnify defend and hold harmless Show Management the Hall and Hall Management and their respective affiliates subsidiaries agents assigns and employees from and against any liability for loss or damage of any kind which might arise out of Exhibitor s participation in the Show or any action or failure to act of Exhibitor or any of its officers directors employees agents or representatives including claims of damage or loss to property or harm or injury to a person or persons C Exhibitors in the Show must carry Statutory limits for workers compensation coverage and Commercial general liability including products and completed operations independent contractor s personal injury and blanket contractual liability insurance 7 LIABILITY Exhibitor agrees that Show Management Show Management s service contractors the Venue and their representatives employees and agents are not liable for any injury loss or damage that may occur to Exhibitor or to Exhibitor s
4. LTD may assign this Agreement without the prior written consent of Exhibitor This Agreement cannot be assigned in whole or in part without the written approval of Show and any such assignee shall become Show Management for all purposes hereunder and shall acquire all of rights and obligations of Show Management hereunder 19 SEVERABILITY If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement will continue in full force and effect 20 APPLICABLE LAW AND VENUE its conflict of laws principles Any suit relating to this Agreement shall be instituted in a state or court of law in Cape This Agreement shall be governed by South African law without application of Town and the parties submit to the jurisdiction of any such court 21 SPONSORSHIP AGREEMENT materials are hereby incorporated into this Agreement All rules and regulations of all applicable sponsorship agreements and related 22 PERMISSIONS Exhibitor consents and agrees to receive i facsimile advertisements sent by or on behalf of Show Management to the facsimile number provided above ii telephone solicitations initiated by or on behalf of Show Management and directed to the telephone number provided above and iii commercial electronic mail messages sent
5. changed at any time Where union labour is required because of building or contractor requirements exhibitor agrees to comply with the regulations 9 PROTECTION OF FACILITIES Nothing shall be posted on or tacked nailed screwed or otherwise attached to the columns walls floors or other parts of the convention hall exhibit area without permission from the proper building authority Fluids caustic or staining must not be used where they may damage floor coverings Packing unpacking and assembly of exhibits shall be done only in designated areas and in conformity with directions of Exhibition Management the Venue Manager or their assistants 10 INSTALLATION AND DISMANTLING Complete information instructions and schedule of prices regarding drayage labour for erecting and dismantling electrical work furniture cleaning etc will be included in the Exhibitor Service Manual Such requirements shall be binding upon the Exhibitor as though fully set forth herein 11 EXHIBITS MOVE IN MOVE OUT No exhibit will be allowed into or out of the Hall without an official clearance from Show Management The Exhibitor must make its own arrangements for transportation of exhibits and packing material Show Management cannot accept or sign for exhibits on behalf of the Exhibitor Move in and move out times and access outside of Show hours are limited to those described in the Exhibitor Service Manual At such time after the close of the Show as Show M
6. Exhibitor Application amp Agreement CAPE TOWN HAIR AND BEAUTY SHOW NOVEMBER 21 amp 22 2015 gt www capetownhairshow co za info capetownhairshow co za EXHIBITOR INFORMATION PLEASE PRINT COMPANY NAME EXHIBITOR LISTING PLEASE NOTE This is how your company name will be displayed on the fascia board BRANDS to be displayed PLEASE NOTE This information may be used in the Cape Town hair amp Beauty Show visitor guide CONTACT NAME TITLE ADDRESS CITY STATE ZIP COUNTRY PHONE PHONE FOR PUBLICATION EMAIL WEBSITE BOOTH SET UP Contact Info 2 PRODUCTS OR SERVICES TO BE DISPLAYED This is how your company name will be listed in the visitor brochure Maximum three 3 categories Accessories Equipment Furniture Hair care Organic Tanning Personal Care Apparel Ethnic Products Haircolor Skin Care Tools Cosmetics Extensions amp Wigs Nail Care Software Technology Other Educational Assoc Training Eyelash Extensions Nail Enhancements Sundries BOOTH SIZE REQUEST Minimum Space Required 2m x 2m 4sqm X sq m Q BOOTH RATES R1400 00 per sq m Show Management will attempt to honour choices in order of preference however final decisions regarding assignment are in the sole discretion of Show Management DO YOU REQUIRE FURNITURE O PAYMENT SCHEDULE TOT Roo PAYMENT SCHEDULE Upon Confirmation 50 of Booth Fee Due 31 August 2015 100 of Booth Fee Due BANK
7. ING DETAILS HOUSE OF AMORA PTY LTD NEDBANK ACCOUNT NUMBER 1093924640 amp SIGN HERE Exhibitor has read the Terms amp Conditions on the reverse side of this Agreement Exhibitor understands that this Agreement shall be legally binding between Show Management and the Exhibitor only upon acceptance in writing by Show Management Exhibitor also understands that any changes in the information in this Agreement must be provided to Show Management in writing EXHIBITOR S AUTHORIZED SIGNATURE DATE NAME PLEASE PRINT TITLE HAIR BEAUTY FOR OFFICE USE ONLY Date Rec d Booth Price _ Furniture Amount Total Payment Rec d Balance Due Accepted By Please complete and mail copy with payment PAYABLE TO HOUSE OF AMORA PTY LTD REG 2013 114056 07 PHYSICAL ADDRESS 9 Cnr Aubrey amp Hopkins Street Salt River 7925 Cape Town RETAIN A COPY FOR YOUR RECORDS CTHBS 2015 1 DEFINITIONS a Exhibitor means the applicant identified on the front hereof b Show means the specific expositions or conferences identified on the front hereof c Show Management means House of Amora PTY LTD its respective agents employees affiliates and assigns d Venue Management means the owner or manager of the facility in which the Show is con ducted and its employees and agents and e Venue means the facility in which the Show is conducted f CTHBS
8. anagement may specify or upon sooner termination of this Agreement all exhibits shall be removed and cleared from the Show space and vacant possession of the exhibit space shall be delivered to Show Management in as good and clean order and condition as it was when delivered to Exhibitor Exhibitors will pay the cost of repairing any damage caused to the Venue facility by the Exhibitor and or its contractors Any property remaining after the last day designated by Show Management for it to be removed may be held or otherwise disposed of by Show Management or Venue Management at the Exhibitor s expense No property may be removed from the Show before the Show ends 12 SAFETY All electrical equipment or devices used in or about an exhibit must be in good operating condition and able to pass fire and or electrical inspections Extra materials stored in Exhibitor s exhibit space must not block access to the exhibit or cover electrical wires or outlets Exhibitor shall cooperate responsibly with local ordinances and Venue Management rules regarding health fire prevention and public safety If inspection of an Exhibitor s booth discloses a failure to comply with any applicable law code or regulation or if Show Management determines that all or any part of an exhibit presents a fire hazard or other danger Show Management may cause the removal of all or a portion of such exhibit at the Exhibitor s expense Under no circumstances may the weight of any equipment
9. ates and or venue 5 CANCELLATION In the event Exhibitor seeks to cancel this license for exhibition space withdraw from the Show or reduce its space requirements for the Show Exhibitor acknowledges that Show Management would be harmed and suffer loss and that it would be difficult to determine the precise value for or amount of that harm All cancellations withdrawals or requests for reduc tion in space by Exhibitor must be in writing by certified mail return receipt requested The date of cancellation withdrawal or reduction in space as applicable shall be the postmark date on the notice If Exhibitor cancels withdraws or reduces its space requirements for the Show Exhibitor agrees to pay to Show Management the amounts set forth below if not previously paid by Exhibitor Such payment shall be liquidated damages and not a penalty and the parties agree that such amounts constitute a reasonable provision for liquidated damages Date Written Notice of Cancellation or Reduction In Space Postmarked On or before 120 days of the first day of the Show 50 of Total Booth Space Fee Within 120 days of the first day of the Show 100 of the Total Booth Space Fee In the event Exhibitor at any time seeks to cancel this license for exhibition space withdraws from the Show or requests a reduction in space an administrative and processing fee of R1000 00 per booth will be assessed If a reduction of space is requested Exhibitor s booth space on the S
10. employees agents guests or property from any cause whatsoever prior to during or subsequent to the period covered by this Agreement Exhibitor assumes responsibility and agrees to indemnify defend and hold Show Management Venue Management their affiliates and their respective employees and agents harmless from and against any claims or expenses arising out of the use of the exhibition premises Exhibitor assumes all responsibility and liability for losses damages and claims arising out of injury or damage to or caused by Exhibitor s displays equipment employees or representatives In no event shall Show Management or any of its affiliates be liable for any special incidental indirect punitive or consequential damages arising out of or in connection with this Agreement 8 AVAILABLE SERVICES On behalf of the Exhibitors Show Management has designated official Show contractors to pro vide the following furniture booth and floor decorations signs photographs telephone services etc Contractors and rates will be listed in the Exhibitor Service Manual to be issued separately Show Management assumes no responsibility or liability for any of the services performed or materials delivered by the foregoing persons parties and organizations Arrangement for these services and payments are to be made between Exhibitors and official Show contractors Rules and regulations for union labour are made by the local unions and these regulations may be
11. how floor may be moved in the sole BASIC TERMS amp CONDITIONS discretion of Show Management Any cancellation or failure of Exhibitor to actually occupy the exhibition space assigned to Exhibitor may in Show Management s sole discretion result in partial or complete forfeiture of Exhibitor s rights under any applicable sponsorship agreements or opportunities including but not limited to the right to present speakers at or participate in any conference component of the Show In the event Exhibitor fails to make any payments as contemplated herein Exhibitor shall be deemed in default and Show Management shall have the right to retain Exhibitors deposit and all monies paid as Show Management s non exclusive remedy thereby reserving any and all rights under law including without limitation Show Management s right to collect the full amount set forth on the front hereof In the event of default by Exhibitor Show Management shall have the right but not the obligation to license the subject Show space to another exhibitor prior to the Show without any rebate or allowance whatsoever to the Exhibitor and without in any way releasing said Exhibitor from any liability hereunder and said Exhibitor expressly agrees to pay Show Management the full sum set forth on the front hereof Exhibitor shall remain liable for the full balance under the terms of the Agreement together with all costs of collection including but not limited to all reasonable atto
12. oject as to obstruct the view of adjacent booths Failure to comply with the rules and regulations of this contract and as stated in the Exhibitor Service Manual will result in the alteration or removal of the booth at the Exhibitor s expense Rental fees for services and exhibit space are not refundable Exhibitors shall be bound by all pertinent laws codes and regulations of municipal or other authorities having jurisdiction over the Venue or the conducting of said exhibit together with the rules and regulations adopted by Venue Management 4 CHANGE OF SPACE Show Management shall have the right in its sole discretion to change Exhibitor s space assignment after the acceptance of this Agreement if it is deemed to be in the best interest of the Show In the event Show Management elects to exercise its right to change Exhibitor s exhibit space Exhibitor will be notified of its newly assigned space Show Management will make reasonable efforts to ensure that any reassignment will be to an exhibit space which is of the same general style and size as Exhibitor s original space If a reduction in space to Exhibitor s exhibit space is in Show Management s opinion necessary Exhibitor will be reimbursed on a pro rata basis Exhibitor acknowledges and agrees that Show Management may change the dates and or venue of the Show without the consent of Exhibitor and that this Agreement shall remain in full force and effect as to such changed d
13. or exhibit material exceed the Venue maximum floor load Exhibitor accepts full and sole responsibility for any injury or damage to property or persons resulting from failure knowingly or otherwise to distribute the load of its exhibit material in conformity with the maximum floor load specifications 13 SECURITY Show Management will provide perimeter guard service during the Show and while the Exhibit Hall is closed Exhibitor agrees that Show Management is not liable for anything its guard service or facility security does or fails to do This includes but is not limited to damage theft or loss sustained by Exhibitor s exhibit or its representatives Exhibitor will not be allowed into the Exhibit Area after Show Hours Exhibitor may want to consider arranging security for its specific booth space for either during or after Show hours 14 ATTENDANCE Show Management shall have sole control over admission policies at all times 15 FILMING AND VIDEO RECORDING RIGHTS ELECTRONIC MESSAGES From time to time photographs motion pictures and or video recordings may be made in the Show facility which recordings may include images of Exhibitor its employees agents and related merchandise and displays Exhibitors may not hinder obstruct or interfere in any way with such pho tography or recordings whether by Show Management its agents attendees or other exhibitors and hereby consent to Show Management s use of such recordings for commercial p
14. rneys fees court costs and interest Show Management will not be liable for the fulfilment of this Agreement as to the delivery of exhibit space if non delivery is due to any of the following causes by reason of the Hall being damaged or destroyed by fire public enemy war or insurrections strikes the authority of the law postponement or cancellation of the Show or for any cause beyond its control Show Management will however in the event of its not being able to hold the Show for any of the above named reasons reimburse Exhibitor on a pro rata basis on any amount paid in less any and all legitimate expenses incurred such as but not limited to rent advertising salaries operating costs etc If Show Management cancels or terminates the Show for any reason other than stated in the previous paragraph the Exhibitor waives all claims it might have against Show Management for damages or expenses and Exhibitor agrees to accept in complete satisfaction and discharge of all claims against Show Management a refund of all amounts paid by the Exhibitor to Show Management in accordance with this agreement 6 INSURANCE MANDATORY A Exhibitor agrees to maintain adequate insurance to fully protect Show Management and its affiliates co sponsors service contractors and the Hall and Hall Management from any and all claims arising from Exhibitor s activities including but not limited to the installation operation and dismantling of Exhibitor s display
15. tion of advertising material and solicitations of any sort shall be restricted to the Exhibitor s booth Exhibitors exhibit or products may not extend beyond the limits of the Exhibitor s booth and no part of any exhibit or product may extend into any aisle No Exhibitor shall arrange its exhibit so as to obscure or prejudice adjacent Exhibitors as determined by Show Management All demonstrations by Exhibitor must be located so that assembled crowds are within the Exhibitors space and not blocking any aisle or neighbouring exhibits No Exhibitor shall assign or sublet or share any part of its assigned space without the consent of Show Management in writing Any space not occupied by Exhibitor at the time set for completion of installation of displays will be reassigned at the discretion of Show Management in which case all amounts paid or payable by Exhibitor will be forfeited unless special arrangements have been approved in writing by Show Management Exhibitor agrees to keep its exhibit open and staffed at all times during the Show hours BOOTH CONSTRUCTION AND ARRANGEMENT All booths must be carpeted by the Exhibitor Standard booth equipment back and side wall draping and identification sign is provided by Show Management without cost to the Exhibitor If an Exhibitor plans to install a completely constructed display of such a character that the Exhibitor will not require or desire the use of standard booth equipment no part thereof shall so pr
16. urposes To the extent necessary to fulfil Show Management s express obligations hereunder Exhibitor hereby grants Show Management a non exclusive royalty free revocable non transferable worldwide license without the right to sublicense to use Exhibitors trademarks service marks logos trade names copyrighted content hypertext links domain names icons buttons banners graphic files and images By providing Show Management the e mail addresses set forth on the first page of this Agreement Exhibitor hereby consents to receiving unsolicited commercial e mail messages from House Of Amora PTY LTD its affiliates partners and assigns as well as third parties licensed to send such messages to Exhibitor by any of the foregoing 16 EXHIBITION ACTIVITIES Exhibitor agrees not to schedule or conduct any outside commercial activity including but not limited to receptions seminars and symposiums whether such activities are held at or away from the Venue facility except with the written approval of Show Management 17 ERRORS AND OMISSIONS errors or omissions in the Show s directory listing or in any related materials Exhibitor acknowledges and agrees that Exhibitor agrees that Show Management will not be liable in the event of any Show Management makes no representation or warranties with respect to the number of exhibition attendees or the demographic nature of such attendance 18 ASSIGNMENT Management House of Amora PTY
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