Rules and Regulation for Exhibitors INDIA CYCLING FESTIVAL (ICF)
1. In these conditions, the term “Exhibitor” shall mean and include all employees/agents of the organization being represented as the Exhibitor specified on Space Booking Form.
2. The term “Exhibition” shall mean and refer to this event – ‘INDIA CYCLING FESTIVAL, 2018’.
3. The term “Organizer” means Troika Events and Sports.
4. In case of “Joint Ventures” howsoever described, the signatory is deemed to have obtained the consent of all the individual participants to all the conditions of this contract/understanding.
5. In the event the Exhibitor does not make the entire payment for the space in the exhibition/event on time, then the Organizers reserve the right to cancel its registration/participation and the space in the event, and further deduct from the initial exhibition amount paid herein, any losses which the Organizers have suffered on account such non-payment, or charge 24% interest per annum on the overdue amount till such time the overdue amount is actually received by the Organizer.
6. Applications for space must contain details of the proposed exhibits and the names of any other company represented by the Exhibitor whose products / services are to be showcased at the Exhibition stand.
7. The charge for Exhibition space in the event is exclusive of GST (goods and service tax). It is based on current rates of pay, rent, charges and exchange and will be subject to alteration in the event of any change therein. A notice signed by the Organizer and sent by recorded delivery to the address on the application form shall be sufficient notice of such amendment to this contract/understanding which shall otherwise remain binding in all respects.
8. The Organizer shall have full power to determine in every respect the allocation of area and position/location of the exhibition space and they shall be entitled for any reason which in their sole opinion is in the general interest of the Exhibition to vary the general layout or the situation of the stalls in the Exhibition and area of any particular stand, even if already allotted, and the Exhibitor shall be bound to accept such new allotment of space in substitution of that originally allotted.
9. Upon entering into this form by the Exhibitor, a contract (under the provisions of the Indian laws) shall arise between the Organizer and the Exhibitor in terms of these conditions and the relationship of licensor and licensee, as per the provisions of the Indian laws, shall immediately arise and continue between the Organizer and the Exhibitor. The obligations arising hereunder shall be binding upon and enforceable against the Exhibitor under the provisions of the Indian laws.
10. In case of non-payment of any sum due or any breach of non observance of any of these conditions by the Exhibitor, the Organizer shall have full right to revoke its license to use the allotted space in the event/exhibition and to re-enter upon the allotted space and may remove and exclude the Exhibitor without prejudice to recovering all monies payable hereunder, all other claims against the Exhibitor and damages sustained by the Organizer.
11. Every exhibitor shall have to occupy the space allotted by 8.00 a.m. on the day of the opening of the Exhibition i.e. December 07, 2018. In the event of any default under this clause, the Organizer shall have the right to deduct from the fees/consideration paid by the Exhibitor for the space in the Exhibition, such sum of loss/damages suffered by the Organizer and the Exhibitor shall be obligated to compensate the Organizer for the remaining amount of fees/consideration agreed to be paid for the space in the Exhibition and the Organizer shall have the right to deal with the space in any way they think best.
12. Prior to the completion of the Exhibition i.e. December 09, 2018, if any proceedings of insolvency, bankruptcy or winding-up is initiated against the Exhibitor before any court of law or statutory authority having jurisdiction upon the Exhibitor, then in that event this contract/understanding with the Exhibitor shall be determined and all monies already paid for participating in the Exhibition shall be retained by the Organizer.
13. Exhibitors shall not have the right to assign, sublet or grant licenses in respect of any part of the space allotted to them nor shall they use any part of the space to any other individual/person/entity/brand for their advertisement and promotion purposes. This contract/understanding is intended for the exclusive benefit of the parties hereto, and there are no third party beneficiaries of any provision hereof, except the parties hereunder.
14. Exhibitor will be totally responsible for the costs of restoring to its original condition, any part of the space/ land/ structure occupied by them in the exhibition/event which has been altered or damaged in anyway.
15. The Organizer will not be responsible for the safety of any Exhibitor, property of any Exhibitor, or any other person, for the loss of, or damage, or destruction to same, by theft or fire or other cause whatsoever, or for any loss or damage whatsoever sustained by any Exhibitor, by reason of any defect in a building caused by fire, storm, tempest, lightning, national emergency, war, labour disputes, strikes or lockouts, civil disturbances, explosion, inevitable accident, force majeure, or any other cause not within the control of the Organizer, whether ejusden generis or not, or for any loss or damage occasioned; if by reason of the happenings of any such event, the opening of the Exhibition, is prevented or postponed, or abandoned, or a building becomes wholly or partially unavailable, for the holding of the Exhibition. The Exhibitor will be liable for third party claims arising from their own stand – fittings, and for their proportion of the shell scheme i.e. the built stall, and furthermore, for physical loss or damage of the basic shell scheme thereof to any extent available.
16. Exhibitor must ensure that the stands in the Exhibition must be properly manned and exhibits displayed during the entire duration of the Exhibition from December 07, 2018 to December 09, 2018. Exhibitor must ensure that such exhibits are pre-approved by Troika for their display at the Exhibition. No exhibits shall be removed before the end of the Exhibition without the written permission of the Organizer. All exhibits and stand fitting materials must be removed from the Exhibition immediately after the end of the Exhibition or within the period stipulated by the Organizer. The Exhibitor shall indemnify and hold harmless the Organizer, its authorized representatives and employees, against any loss, damages, claims, costs, expenses etc. arising out of any delay or breach of any provision of this contract/understanding or any breach/violation of any provisions of applicable laws or gross negligence or willful misconduct.
17. The Organizer reserves the right to make an additional charge to each Exhibitor any amount charged to them for any services supplied whether specially ordered or not. The Organizer accepts no responsibility for breakdown or failure of any of the services provided for, or in connection with, the Exhibition.
18. In no event shall the Exhibitor have any claim for damages of any kind against the Organizer in respect of any loss or damage consequential upon the prevention, or postponement, or abandonment of the Exhibition, by reason of the happening of any of the events referred to earlier or otherwise, or in the event of the Exhibition building/area becoming wholly or partially unavailable for the conducting the Exhibition, for reasons beyond the Organizer’s control, and the Organizer’s shall be entitled to retain all sums paid by Exhibitor, or such part thereof as the Organizer shall consider necessary. If in the opinion of the Organizer, by re-arrangement or postponement of the period of the exhibition, or by substitution of another hall, or building, or any other reasonable manner, the Exhibition can be carried through, then the contract/understanding for space agreed hereunder shall be binding upon the parties, except as the size and position, as to which any modification, substitution, or rearrangement they consider necessary shall be determined by the Organizer.
19. In the best interest of the Exhibition, the Organizers reserves/shall have all rights to make changes to the planned dates / venue / layout and rates, with due and reasonable prior notice to the Exhibitor.
20. In case the Exhibition needs to be postponed / cancelled due to any unforeseen circumstances and for reasons beyond the control of the Organizer, the liability of the Organizer shall be limited only to refund of the participation amount actually paid by the Exhibitor to the Organizer till such time. No claims on refund on any other account of expenses incurred by exhibitors shall be entertained or be claimed from the Organizer.
21. Breach of contract and withdrawal by the Exhibitor – Without prejudice to the rights and remedies of the Organizer in respect of any breach of this contract/understanding on the part of the Exhibitor, the Organizer may at their discretion allow the Exhibitor to withdraw from the Exhibition subject to the following conditions:
a) The Exhibitor must give written notice to the Organizer that it/he desires to withdraw and if the Organizer allows such withdrawal, at their discretion, then it will notify the Exhibitor of their decision in writing.
b) Any such notification by the Organizer to the Exhibitor will constitute a cancellation of the contract/understanding subject to the payment of the Exhibitor to the Organizer of a consideration for release from the contract/understanding.
c) The amount of such payment will be specified in the Organizer’s notification to the Exhibitor and will be in that proportion of the space rental payable under this contract/understanding as specified on ‘SPACE BOOKING FORM’ hereinabove upon which the Organizer shall receive the noti- fication from the Exhibitor. Date of receipt of intimation to Organizer regarding cancelling & proportion of amount refundable to the participant after receipt of notice of withdrawal shall be as follows viz. (i) On or before 15th of October 2018: 50% of stall charges will be refunded; or (ii) After 15th of October 2018 – No refund payable.
d) Upon payment of such amount to the Organizer by the Exhibitor (credit being given by the Organizer for all rental already paid by the Exhibitor) this contract/understanding shall stand cancelled and neither party shall have any further claim against the other. The Organizer reserves the right to alter, add to, or amend any of these conditions or not, the decision of the Organizer shall be final. No alternation, addition, amendment, or waiver to or of these conditions shall operate to release any Exhibitor from this contract/understanding.
22. Particular attention shall be ensured by the Exhibitor towards the relevant safety standards which must be strictly observed for any exhibits involving lasers or radioactive material, or which might release noxious fumes or which make use of or display any other materials which may involve a danger to the health or safety of any person. No such materials may be brought into the Exhibition without the prior approval in writing of the Organizer and subject to the Exhibitor agreeing to indemnify the Organizer against any claim, losses, damages, expenses or actions arising from the use or display of such materials/exhibits.
23. These rules and regulations will be deemed to form part of this contract and shall be binding on the Exhibitor. Additionally, the Organizers may at any time, in their sole and absolute discretion, make further rules and regulations, having immediate effect, In relation to any aspect of the Exhibition.
24. Claims: The Organizer cannot accept any complaint or claim against them unless it is submitted in writing to the address given below within two weeks from the closing date of the Exhibition.
25. All communications by the participants of the Exhibition must be addressed to: “India Cycling Festival” Troika Events and Sports Vaibhav Industrial Estate, Daniel and Sons, Office no. 21, Mahakali Caves Road, Andheri (East), Mumbai – 400 093 Email: email@example.com
26. All disputes arising in connection with this agreement/understanding shall be finally settled by a Sole Arbitrator, to be mutually appointed by the Organizers and the Exhibitor, under the provisions of Indian Arbitration and Conciliation Act, 1996, which shall govern the arbitration proceedings. The language to be used in the arbitration proceedings shall be English. The seat and venue of arbitration shall be in Mumbai, Maharashtra. This agreement/understanding shall be governed by the Indian laws and shall be subject to exclusive jurisdiction of the courts in Mumbai, Maharashtra.