EXHIBITOR TERMS AND CONDITIONS

Definitions

    In the context of this document, the following terms and defined meaning shall apply.

    1. “DICOTA” means Diaspora Council of Tanzanians in America, the Host.
    2. “EXHIBITION CENTRE” means the Kalahari Resort and Convention Centre in Round Rock, Texas, USA.
    3. “EXHIBITOR” means each Exhibitor who has completed registration for the #CTDA24 Tour EXPO.
    4. “PRODUCT” means the declared merchandise, service, expertise and/or product range of the EXHIBITOR which it agrees to exhibit and/or promote at the #CTDA24 Tour EXPO.
    5. “FACILITY” means the exhibition space allocated within #CTDA24 Tour EXPO by DICOTA to and for the exclusive use by the EXHIBITOR in terms of the agreement.
    6. “AGREEMENT” means the agreement concluded between DICOTA and the EXHIBITOR in terms of which the FACILITY is hired for #CTDA24 Tour EXPO which is governed inter alia by the General Rules and Regulations for Exhibitors (the “RULES”), which RULES are obtainable on request of the EXHIBITOR and which will be sent to the EXHIBITOR with the agreement.
    Dates and Times
      1. Duration of #CTDA24 Tour EXPO 2024: Thursday, September 26, 2024 5:00PM - Sunday, September 29, 2024 10:00AM..
      2. Daily opening hours:
         September 26, 2024: 3:00pm- 8:00pm [SET UP]
      September 27, 2024: 8:00am- 5:00pm

      September 28, 2024: 8:00am- 5:00pm

      September 29, 2024: 8:00am- 11:00am [TEAR DOWN]

      1. Deadline for Exhibitor Catalogue Entries: August 31, 2024
      2. Submission of Building of Stands / Stand Designs: August 15, 2024
      3. Deadline for Name Badges: August 31, 2024
      4. Deadline for Side Event Applications: July 30, 2024 (contact events@dicotaus.org)
      5. Early Bird Discount Deadline: June 30, 2024

        Applications

          Applications can only be made by using the official stand application forms on the #CTDA24 Tour EXPO website, www.CTDA24.org. Applicants are requested to fill in the forms carefully, correctly, and comprehensively. Receipt of application does not imply any subsequent entitlement to participate in the exhibition.

          Details entered by the exhibitor on the application will be deemed to be correct as these details will be pulled through to the agreement and exhibitor catalogue.

          Exhibition Space

            A minimum stand size is 8 feet table with two chairs. Few spaces are available for 8X10. Contact events@dicotaus.org to inquire for more information.

            Basic Agreement
            1. The inclusion of the RULES as an integral part of the agreement constitutes a condition precedent to the agreement becoming of force and effect between the parties to the agreement .
            2. The EXHIBITOR hereby unconditionally undertakes to procure that each and every of its employees, agents, contractors, invitees or persons falling under its direct or indirect control while present upon its FACILITY or otherwise engaged by the EXHIBITOR upon an activity elsewhere upon the EXHIBITION CENTRE, shall unreservedly respect, comply with and fully adhere to the RULES. Any contravention of this undertaking, will constitute grounds for the immediate invoking of the breach provisions.
            3. Neither the agreement nor any right nor interest thereunder may be ceded or assigned to any other party without the prior written consent of DICOTA having been first obtained, which consent may in fact in its sole discretion be unreasonably withheld.
            4. The agreement shall be governed by the laws of the United States of America.
            5. Whilst every effort will be made to meet the requirements of exhibitors taking part in #CTDA24 Tour EXPO, DICOTA reserves the right to make any alterations which they may consider necessary or to alter the positions of any of the facilities within #CTDA24 Tour EXPO, or to take any other steps considered necessary in connection with #CTDA24 Tour EXPO in which event the exhibitor shall have no claim of whatsoever nature and kind arising from whatsoever cause against DICOTA.
              Exchanging or Transferring of Exhibition Space

                The allocated exhibition space may not be exchanged for that of another exhibitor, nor may it be transferred either partially or completely to a third person unless an agreement has been reached with DICOTA and lodged in writing.

                Cancellations

                  An exhibitor electing to cancel the agreement prior to the commencement of #CTDA24 Tour EXPO may in the discretion of DICOTA become entitled to a refund of any payments made upon the following basis**:

                  1. Should notice of intended cancellation be received by DICOTA at least three (3) months prior to the commencement of #CTDA24 Tour EXPO, 50% of the full agreement price shall constitute an agreed liquidated damages amount which DICOTA shall be entitled to retain. The balance of any monies held by DICOTA, to be reimbursed to the exhibitor.
                  2. Should an Exhibitor seek to cancel the agreement within 1 (one) month or less prior to the commencement of #CTDA24 Tour EXPO, it will NOT become entitled to the refund of any monies, it being acknowledged that DICOTA will not in the circumstances be able to mitigates its loses by way of obtaining any replacement Exhibitor for the facility: the full agreement value will consequently in such circumstances remain owing and payable by the Exhibitor to DICOTA.
                  3. Should an Exhibitor seek to cancel due to an exhibitor being  unable to secure a US visa (i.e. denied a visa or unable to secure a timely appointment), DICOTA will refund 75% of the exhibition fee.

                  Terms of Payment

                  1. Whilst the agreement shall have become established as detailed above, all rights and benefits flowing there from in favour of the Exhibitor shall remain suspended until the exhibitor have paid the agreed agreement price to DICOTA.
                  2. Registration by the Exhibitor will convert the allocation to a secured and confirmed facility pending the payment of the outstanding agreement price by the Exhibitor in terms of clause 9.1.
                  3. The act of payment of the registration fees will, in the absence of submission of a written confirmation notice, be deemed to constitute a tacit confirmation thus giving rise to the final legal ratification for the establishment of the agreement.
                  4. Until such time as the specified registration fees shall have been paid, the allocation of the facility space shall remain of a tentative nature and at all times free to be re-allocated by DICOTA to any alternate exhibitor in its sole discretion and upon simple notice to that effect being given to the former exhibitor.
                  5. Payment of the agreement price shall be required to be effected by the exhibitor in strict compliance with the invoice terms therefore issued by DICOTA.
                  6. Only for as long as the exhibitor maintained all payments in terms of the agreement on due date, will it be entitled to receive access to its reserved facility as may be necessary in the furtherance of its planning for #CTDA24 Tour EXPO.
                  7. Failure to pay any agreement monies in strict accordance with the stipulated times for payment, will constitute a material breach of the agreement.
                  8. Discounts listed on the website are the only discounts that can be offered.
                  Limitation of DICOTA Liability
                  1. DICOTA shall under no circumstances be liable for any loss, theft or damage which is suffered by the Exhibitor, its employees, agents, servants, customers, clients or visitors, including but not limited to damage as a result of fire, injury, accident, floods, crowds, riot, the actions or omissions of other exhibitors, defect in the structure of the stand or in the venue, or from insufficient lighting or ventilation or resulting from leakage from or breaking of any water pipe or communication, fitting or appliance.
                    1. The Exhibitor is liable for and holds DICOTA harmless against all risk in and to property brought onto the Venue by the Exhibitor, its employees, agents, servants, customers, clients or visitors including property not owned by the Exhibitor.
                    2. The Exhibitor agrees and undertakes to take out such policies of insurance as may be necessary to cover any loss or other damage to it and or for which it may be held liable.
                    3. DICOTA shall not be responsible for any loss or damage that it may suffer in the event of the Exhibition having to be closed during the whole period of the Exhibition or any parts thereof and in such event DICOTA shall not be liable to refund the Exhibitor any monies or portion thereof.
                  2. The limitation of DICOTA liability as aforesaid shall apply irrespective of whether such damage is sustained before, during or after the Exhibition and irrespective of whether the act or commission complained of occurs inside or outside of the Venue.
                    Postponement / Cancellation of the Exhibition
                    1. In the event of the Exhibition being cancelled, postponed or abandoned due to causes beyond the control of DICOTA, DICOTA may, entirely at their discretion, repay any fees paid by the Exhibitor, or part thereof, but shall be under no obligation to repay the whole part of such fee, and shall be under no obligation to repay the whole part of such fee, and shall be under no liability to the Exhibitor in respect of any damages, actions, claims, losses or expenses whatsoever.
                    2. Where DICOTA agrees to repay fees, DICOTA limit of liability to the Exhibitor will be the space cost paid, irrespective of other costs incurred by the Exhibitor.
                    Breach
                    1. In the event of a breach by any party of any term or condition of this agreement, the aggrieved party shall only be entitled to seek relief in terms hereof, after giving to the defaulting party written notice to remedy same within the following parameters:  (a) Should the breach materialise within the period of 2 (two) months prior to the commencement date of the Exhibition, 3 (three) days;  (b) Should the breach materialise within the month prior to the commencement date of the Exhibition, 24 (twenty-four) hours;  (c) Should the breach materialise during the Exhibition, 7 (seven) hours, those to run between the daily period.
                    2. By virtue of the inherent nature of the Exhibition, time as contemplated above is acknowledged by all parties to be of the absolute essence.
                    3. Without prejudice to any other right whether under common law or in terms of the agreement, the parties reserves the right to any other or additional claim or claims which the aggrieved party may have against the defaulting party in law, and in the event of breach of any term or condition of the agreement not being remedied, the aggrieved party shall have the right and option forthwith either to can the agreement  or to institute proceedings for specific performance against the party in breach and without any further notice, with or without any additional claim for damages arising from such breach.
                    4. All legal cost incurred shall be recoverable by the aggrieved party on the scale of attorney and own client.
                    5. The domicilium citandi et executandi shall be those addresses of the Exhibitor and DICOTA as recorded on the face hereof.

                    Disclaimer

                    DICOTA makes no representation, guarantees or promises expressed or implied, regarding the number of buyers who will attend the EXPO, the amount of revenue Exhibitor can expect to generate from the Event, or any other matters regarding the Event. Any such statements, prior to or after the execution of this agreement, are mere opinion and unless expressly included in this Agreement, are hereby disavowed.

                    General

                    1. By registering to exhibit., you confirm that you understand the terms and conditions and agree to be bound thereby and, if accepted on behalf of a separate legal entity, that you are duly authorized to do so on behalf of such entity.
                    2. Excluding those marked N/A, these are the only terms of this Agreement which the EXHIBITOR acknowledges having examined and are accepted by the EXHIBITOR herewith.
                    3. Exhibitors are allowed to sell goods within or around the exhibition precinct.
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