DEFINITIONS AND INTERPRETATION
In this agreement the following words will have the meanings assigned to them, unless the context clearly indicates otherwise:-
a) “the Agreement” means the Booking Form and the Terms and Conditions issued by the Company to the Artist which has the effect of a legally binding agreement between the parties;
b) “the Booking Form” means the acceptance form completed by the Artist and sent back to the Company;
c) “Artist” means all of the persons, natural or juristic, jointly and severably whose names appear on the Booking Form i.e. the exhibitors. The Artist signing on behalf of any members of his/her party accepts these Terms and Conditions on behalf of every member of his/her party as if they has specifically signed same to acknowledge their agreement therewith;
d) “Company” means The South African International Tattoo Convention (Pty) Ltd, a private company, registration number: 2017/028724/07 duly registered in terms of the laws of the Republic of South Africa, carrying on business at 11 Buitensingel Street, Gardens, Cape Town, Western Cape, South Africa, 8001;
e) “Day” means a calendar day;
f) “Event” means the 2018 South African International Tattoo Convention to be held at The Lookout V&A Waterfront on 29, 30 and 31 March 2019;
g) “parties” means both the Company and the Artist;
h) “payment” means the monies payable by the Artist to the Company to secure the Artist’s booking;
i) “The South African International Tattoo Convention” means the Company;
j) “supplier” means a third party who supplies the Company with services related to the Event;
k) “Total Confirmed Price” means the total cost of booking, as per the Booking Form;
l) “venue” means The Lookout, Granger Bay Blvd, V&A Waterfront, Cape Town, Western Cape, South Africa;
m) Expressions in the singular also denote the plural, and vice versa; and
n) Pronouns of any gender include the corresponding pronouns of the other gender.
1. PAYMENT TO SECURE BOOKING
1.1 In order to confirm the booking and secure a booth/stand at the event, the Artist must complete the Booking and make the following non-refundable payment to the Company on or before 1 October 2019
1.1.1 100% of the Total Confirmed Price is payable upon receipt of a Booking Form.
1.2 If the aforementioned payment is not timeously received, the Company will be unable to confirm the booking for the Artist. Save as set out in clause 4 below, the payment is nonrefundable, in any circumstances whatsoever.
1.3 All payments must be made by PayPal or EFT and travelers cheques will not be accepted.
The South African International Tattoo Convention (Pty) Limited // Terms and Conditions
2. EVENT PROTOCOL AND ARTIST’S OBLIGATIONS
2.1 Booths will be allocated on a first come, first served basis. The Company reserves the right to amend the floorplan or alter the exact location of the booths within the floorplan to accommodate sales e.g. where an Artist books more than 2 booths to avoid conflicts with other Artists. The Company will endeavour to consult with the Artists who are directly affected whenever possible and the Artist undertakes to agree to such alteration(s).
2.2 The Artist must ensure that: (a) the booth is fully staffed and continually kept open throughout the course of the Event; (b) walkways are kept clear at all times; (c) the space
is kept clean and tidy and free from rubbish at all times; (d) business is conducted in an appropriate manner from the booth considering the venue, Company, other exhibitors/Artists and visitors.
2.3 Should the Artist damage or destroy the structure of their booth, for any reason whatsoever, they shall be responsible for the costs of repairing and/or replacing same.
2.4 Banners and posters may be attached to the Artist’s booth using clamps but not glue or any other adhesive.
2.5 Artists are entitled to sell inter alia prints, books, paintings, clothing, handmade tattoo machines and tattoo aftercare products at their booths but shall not under any circumstances whatsoever be entitled to sell any tattoo equipment to the general public.
2.6 Artists may not stand in the aisles or hand out materials, flyers or bags in the aisles of the Event and must do so only within the allocated booth area.
2.7 The Company will provide the Artist with Consent Forms which must be signed by each and every person (“Client”) who is tattooed by the Artist during the Event. The Artist undertakes to obtain the signed Consent Form from the Client, prior to commencing the tattoo. The Artist further undertakes to hand the signed Consent Forms to the Company upon request.
2.8 The Artist shall furnish each and every Client with written instructions in the English language, as to how to care for their tattoo.
2.9 Alcohol, illegal drugs, smoking, disruptive and/or disrespectful behavior are prohibited.
2.10 The Artist may not substitute him/her/itself or sublease booth space.
2.11 If the Artist is displaying products or any material which is determined, in the Company’s discretion, to be inappropriate, including, for example, materials that are offensive, disparaging or discriminatory, the Artist will be asked to remove its products, which s/he shall do with immediate effect.
2.12 The property of the Artist is deemed to be under his/her custody, control and oversight at all times, including in transit to and from the Event and within the confines of their booth. The booth, materials, displays and equipment should not be left unattended at any time. The Artist is wholly responsible for the security of his/her/its materials during set up, Event hours and pack out/dismantling.
3. CHANGES TO BOOKINGS
3.1 If the Company or a supplier is unable for any reason whatsoever to provide the space which has been secured for the Artist at the Event, the Company will endeavour to offer adequate alternate arrangements of similar classification, where possible. Should the Artist be unwilling to accept such alternative arrangements, the Company will not be liable to refund any of the payment made by the Artist in terms of clause 1 above.
4. CANCELLATION AND REFUND POLICY
The South African International Tattoo Convention (Pty) Limited // Terms and Conditions 3
4.1 In the event of a cancellation of the booking (in partial or in full) by or on behalf of the Artistfor any reason whatsoever, the Company reserves the right to claim the services, administration, communication, cancellation and bank charges which include but are not limited to, any charges levied by any supplier against the Company in respect of the cancelled booking, from the Artist.
4.2 Cancellations of bookings must be done in writing and sent to the Company.
4.3 Payments will only be refunded to the Artist in full, in the event that the Artist gives notice of his intention to cancel his booking with the Company, before 1 October 2019.
4.4 No refunds will be granted by the Company for cancellations after 1 October 2019.
4.5 Bank fees for Paypal, credit card payments/bank transfers are strictly non-refundable.
5. WAIVER, INDEMNITY AND LIABILITY
5.1 The Artist acknowledges that prices quoted on the Booking Form do not include any items or services not specified on same.
5.2 All bookings accepted by the Company are subject to the supplier’s terms and conditions.
5.3 Whilst every precaution is taken to ensure the safety of all persons participating in the Event organized by the Company or any of its suppliers, participation is undertaken at the Artist’s own risk.
5.4 The Company, any of its directors, employees, assignees and/or agents are accordingly indemnified by the Artist and/or his/her estate, dependents, agents or their assignees against any claim of any nature whatsoever and howsoever arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.
5.5 The Artist, his/her heirs, dependents, agents, executors or their assignees hereby irrevocably waive any claims which they may have against the Company for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Artist’s own actions, injuries or death while participating in the Event.
5.6 The Company accepts no responsibility whatsoever for any loss of or damage to or theft of property (including materials, displays and equipment) belonging to the Artist.
5.7 Neither the Company nor the venue owner provides insurance for the benefit of Artists. Artists who wish to carry insurance on their property or for any other purpose must do so at their own expense.
6.1 No variation of this agreement shall be of any force or effect unless it is reduced to writing and is signed by both parties.
6.2 These Terms and Conditions together with the Booking Form contain all the terms and conditions of the agreement between the parties. The parties acknowledge that there are no understandings, representations or terms between them, save for those as set out herein.
6.3 If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without effecting the remainder of the agreement hereof.
6.4 No extension, latitude or any other indulgence which may be given or allowed by any party in respect of performance of any obligation hereunder, and no delay in the enforcement of The South African International Tattoo Convention (Pty) Limited // Terms and Conditions 4 any right of any party arising from this agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or novation of, or otherwise affect any parties rights in terms of this agreement.
6.5 This Agreement and all matters or disputes arising therefrom or incidental thereto shall be governed and construed with the accordance of the laws of the Republic of South Africa.
6.6 The Artist consents to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrate’s Court. The Artist agrees, however, that the Company in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction.
6.7 The Artist shall not be entitled to cede any of its rights or assign any of its obligations under this Agreement.
6.8 If the Company institutes any legal proceedings against the Artist to enforce any of its rights under this agreement, it shall be entitled to recover from the Artist all legal costs that it incurs to its own attorneys on an attorney/own client basis, including but not limited to collection commission and tracing agent charges.
7. ADDRESSES FOR NOTICES AND LEGAL PROCESS
7.1 Each party chooses as its domicilium citandi et executandi ("domicilium") for all purposes under this Agreement, whether for serving any court process or documents, giving any notice, or making any other communications of whatsoever nature and for any other purpose arising from this agreement ("notice"), as follows:
11 Buitensingel Street
The Artist: the address as provided by the Artist on the Booking Form.
7.2 Either of the parties may change its domicilium to another address, by way of a notice to the other party to this Agreement, provided that such a notice is received by the addressee at least 7 (seven) days prior to such a change taking effect.
8. FORCE MAJEURE
8.1 The Company shall not be liable for a failure to perform any of its obligations insofar as it proves:-
8.1.1 that the failure was due to an impediment beyond its control;
8.1.2 that it could not reasonably be expected to have taken the impediment and its effects upon its ability to perform, into account at the time of the conclusion of this Agreement; and
8.1.3 that it could not reasonably have avoided or overcome the impediment or at least its effects.
8.2 An impediment, as aforesaid may result from events such as the following (this enumeration not being exhaustive):-
8.2.1 war, whether declared or not, civil war, civil violence, riots and revolutions, acts of sabotage;
8.2.2 natural disasters such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning;
8.2.3 explosions, fires, destruction of machines, factories and any kind of installations;
8.2.4 boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories and premises and work stoppages;
8.2.5 acts of authority, whether lawful and unlawful.
The South African International Tattoo Convention (Pty) Limited // Terms and Conditions 5 8.3 In the event that the Company invokes force majeure, it shall use its best endeavour’s to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the Artist.
9. SUPPLIER NON-PERFORMANCE
9.1 In the event that the Company’s supplier/s fail to perform any of their obligations due to the Artist, for any reason whatsoever including but not limited to power failure, electrical and water interruptions, then and in that event:-
9.1.1 the supplier shall provide the Artist with a reasonable or superior alternative in the circumstances, at no extra cost to the Artist.
9.2 The Company cannot be held liable for non-performance by their suppliers.