Terms and Conditions

 

General

These are the terms and conditions for participation in Abu Dhabi Art 2024 organised by the Department of Culture and Tourism – Abu Dhabi hereinafter called the “Organiser”.

These conditions of participation govern the Exhibitor’s participation in Abu Dhabi Art 2024 the “Fair”. The Organiser reserves the right, at any time, without notice, to include further conditions or terms for participation and to change the venue and/or dates of the Fair. The Exhibitor agrees to be bound by the conditions set forth below and by any subsequent conditions that the Organiser may institute in connection with the Fair, including, but not limited to, any conditions imposed by the owner of the venue.

 

Application

Submission of an application to participate in the Fair constitutes the Exhibitor’s acceptance of the conditions set forth below and of any subsequent conditions related to the Fair.

Exhibitor warrants that all information submitted in connection with their application is complete and accurate, and that all work submitted for exhibition at the Fair is authentic.

 

Acceptance of Exhibitors

The Organiser has the right to cancel acceptance of the application at any time, including during the Fair, if the Exhibitor is found to have provided any false, inaccurate or misleading information in connection with its application or if the Exhibitor fails to comply with these conditions or any additional or revised conditions that the Organiser may institute in connection with the Fair.

In any event, the Organiser shall have the right to revoke acceptance of any Exhibitor if it reasonably appears at any time that all or part of the Exhibitor’s display violates the legal rights of any person or entity and the Exhibitor fails to remove that aspect of its display immediately upon request from the Organiser.

 

Permitted Exhibits

The Organiser has the right to request complete details including size and price of the proposed exhibit and reserve the right to prohibit the exhibition of any artworks or other display, which is not consistent with the nature, and purpose of the event.

All Exhibitors are required to declare to the Organiser their sales at the fair.

No liability will be accepted by the Organiser for work that is confiscated or removed. Exhibitors shall use the booth during exhibition hours only.

 

Allocation of Space

The Organiser will allocate booth spaces for the event. Reasonable efforts will be made to accommodate Exhibitor preferences relating to the size of requested booth. However, the precise location and size of the booth cannot be guaranteed. Should the need arise to change the size of the booth, the initially agreed booth fee will be adjusted in proportion to the change in size.

The Organiser may change the location of allocated space, as well as alter the shape and or size of the booth if circumstances demand. The Organiser reserves the right to rearrange the layout of unoccupied areas and alter the entrances and exits to and from the exhibition space, halls and aisles as it deems necessary or advisable without notice to the Exhibitor.

Exhibitors also entitled to have their booths featured on the Digital Platform of the Fair at no additional cost.

 

Set-up, Dismantling and Décor

The Exhibitor shall begin and complete all set-ups and dismantling only during the specified periods.

The Exhibitor shall remove all its property from the booth on the day of breakdown and the Organiser shall have no liability or responsibility for any items not so removed and may at their discretion dispose of such property thereafter. The Exhibitor shall indemnify and hold harmless the Organiser against any and all damages, loss, costs and expenses in relation to any property that the Exhibitor fails to remove. Artworks removal/replacement during the fair due to sales or other reasons should only be done during the closing hours of the Fair.

 

Additional Features

In return for an additional fee over and above the basic booth rental fee, the Exhibitor may order additional technical features to their booths. Details of such additions and their cost can be obtained from the Organiser upon request. These services, if any, may be the subject of a supplemental agreement between the Exhibitor and the Organiser.

No additional lighting, furniture or other equipment desired by the Exhibitor shall be used unless approved in writing in advance by the Organiser. No additional walls, storage areas, etc. may be added to the booth without the prior written permission of the Organiser. Order forms for Additional Features such as walls, additional lighting, furniture, etc., will be provided after acceptance of these conditions.

 

Booth Sharing

No Exhibitor may share, sublet or assign a booth either entirely or partially without written permission of the Organiser. Decisions on the approval of shared booths rest solely with the Organiser. A shared booth will only be approved on condition that all the applicants applying for the booth have already been accepted for the Fair. Exhibitors sharing booths shall be jointly and separately liable to the Organiser.

 

Sponsorship

No commercial link or partner will be permitted to be displayed in the Exhibitors booths without the Organiser’s prior written permission. The Exhibitor may not organise any event at the Exhibitors booths without the Organiser’s prior written permission

 

Payment Terms

Payment is required for the below:

  • Non-refundable Application Fee AED 1,850 (approx. USD 500) excluding VAT. The application is only considered for selection after receipt of payment.

  • Upon acceptance by the Organiser, the Exhibitor will be invoiced for the total requested Booth Rental:

  • 50 % of the requested m² cost is due upon acceptance in 2024. Payment should be made within one month of receipt of invoice.

  • 50 % of the balance is due by 1st September 2024. Failure to pay full booth rental fees following the requested timelines will result in cancellation of the Exhibitor’s participation in the Fair.

 Any fee adjustment of actual booth size allocated will be reflected in a credit note.

  • All rates and prices incurred for participation are subject to 5% VAT.

  • All the payments should be settled in the local currency AED.

Failure to make booth rental payments by the above deadlines will be treated as a material breach of the contract and result in the Organiser’s discretionary right to cancel the Exhibitor’s participation with immediate effect, having given a written notice of 7 days.

The Organiser shall have the right to retain any payments previously made by the Exhibitor and recover from the Exhibitor the total booth rental amount, plus any collection costs incurred by the Organiser (including legal fees) in enforcing its rights to collect such payment and costs. The Organiser shall otherwise have the right to refuse the Exhibitor’s access to the venue, halls and other premises and/or to clear the booth immediately at the Exhibitor’s expense.

 

Mode of Payment

For wire transfers kindly refer Payment Details section. Kindly note all bank charges must be borne by the payee.

Payment Details:

Application Fee payment to be done through the e-Payment Gateway and booth payments to be made to:

Bank: Abu Dhabi Commercial Bank

Bank Account Name: DEPARTMENT OF CULTURE AND TOURISM-REVENUE AC

Bank Account Number: 10179268020001

Branch: Al Salam Street, Main Branch

IBAN Number: AE220030010179268020001

Currency: AED

Exhibitors are responsible for paying any additional costs all bank charges for the transfer of funds or for the exchange rate.
Please reference your wire transfer with the name of the Exhibitor clearly.

 

Liability and Indemnity

The Organiser shall not be liable for any loss incurred in connection with the exhibition including losses, delays or other disruptions sustained by the Exhibitor whilst transporting objects into or out of the UAE and within the UAE. The Organiser shall not be liable for any failure of the Exhibitor to obtain insurance, or the failure of such insurance to cover any loss sustained.

The Exhibitor agrees to indemnify the Organiser, their representatives, agents, art handlers, carriers and sub-contractors and venue owners from and against any liability, claim, loss or damage whatsoever (i) by reason of the Exhibitor’s gross negligence, willful misconduct or breach, of the provisions of these Terms & Conditions; (ii) by reason of any claim by a third party against the Organiser for infringement or alleged infringement of that third party’s intellectual property rights, and (iii) from any action or omission of the Exhibitor but not limited to any property damage or personal injury caused by the Exhibitor, its employees, agents or representatives.

 

Insurance

The Organiser does not hold insurance coverage for any individual booth. The Exhibitor must insure its property and any and all property entrusted to it for display or other use in connection with the exhibition including exhibition works against all risks, and the risks of transport to and from the Fair. The Exhibitor waives all right of subrogation against the Organiser, agents, art handlers, carrier and venue owners.

In addition, the Exhibitor must effect and maintain a third party liability insurance of at least USD500,000. Upon request by the Organiser, the Exhibitor shall provide evidence or certificates of compliance with the insurance obligation under this section.

 

Shipping

Exhibitors are solely responsible for CIF (Customers Insurance Freight) and VAT for all artworks and for the timely shipment of their property to and from Abu Dhabi and within the U.A.E.

 

Security

A guard or security service for the Fair Entrance and Exit will be provided at the Organiser’s expense. The Exhibitor will be required to comply with security procedures requested by the Organiser, or the security service retained by the Organiser.

The Exhibitor recognises that, by participating in the Fair, it assumes security risks that cannot be eliminated by security services to be provided by the Organiser.

Additional security for individual booths is not included under this paragraph.

 

Emergency

No removal, relocation of or intervention on the artwork(s) in the Exhibitor’s booth can be undertaken without the Exhibitor’s prior consent, except in the event of an emergency to prevent damage or loss of the artwork(s), with immediate notification to be made to the Exhibitor.

 

Electrical services

The Organiser will provide common area lighting but shall not be liable for any loss or damage due to failure or interruption of electrical service. No Exhibitor will be allowed to install its own power connections.

 

Maintenance and booth cleaning

Each Exhibitor is responsible for the maintenance and tidy appearance of its booth and will leave the booth in the same condition in which it was found, reasonable wear and tear accepted. Booth cleaning will be provided by the Organiser.

 

Online Platform, Communications, Images and Photography

The Organiser will create an online platform in connection with the fair; participation in the platform by the Exhibitor is compulsory. Every Exhibitor is allocated a section in the exhibition platform. 

The Exhibitor takes full responsibility for copyright clearance and confirms that all copyright has been cleared for the use of the image(s) in all Abu Dhabi Art communications including but limited to artwork preview book, website/Mobile App, Social Media, and for press purposes related to Abu Dhabi Art. The Exhibitor agrees to indemnify the Organiser from any claim, arising out of, or connected with, the Organiser’s publication of the Image or infringement of third party’s intellectual property rights.

The Exhibitor is deemed to have granted the Organiser the right to include photographs of the Exhibitor’s booth and images of artworks shown, in Abu Dhabi Art related communications.

 

Additional conditions

The Organiser may, (i) if required by force majeure, which shall include inter alia national mourning, government decree, civil disturbance, act of God or other reasons beyond its control; or (ii) pursuant to a decision of the chairman of the Department of Culture and Tourism – Abu Dhabi; cancel, postpone, terminate the Fair prematurely or to adapt the Fair’s operation to new circumstances.

The Exhibitor shall have no right or claim for any damages, financial loss or liability of any kind, arising or alleged to arise by reason of the cancelation, postponement or any of the preceding circumstances.
Any booth rental payments already made will be reimbursed after deduction of any expenditure already incurred by the Organiser in connection with a cancellation of the Fair which is not attributable to a Force Majeure.

 

Governing law

The parties agree that this agreement shall be governed by the laws applicable in the emirate of Abu Dhabi, United Arab Emirates and shall be subject to the exclusive jurisdiction of the Abu Dhabi courts.



 

SPECIAL TERMS AND CONDITIONS FOR VIRTUAL EXHIBITORS



 

The Organiser has developed a Digital Platform whose landing page is explore.abudhabiart.ae.

The following terms apply:

1. DIGITAL PLATFORM

1.1 The Organiser will provide the Exhibitor with digital space in the Digital Platform as it deems appropriate.

1.2 The Exhibitor may not upload any content to the Digital Platform without the prior written approval of the Organiser.

1.3 The Exhibitor may only upload or edit any of its content in the Digital Platform in the timing specified in writing by the Organiser.

1.4 The Organiser will be entitled, at its sole discretion, to:

(i) edit, revise, re-arrange, amend or modify the form and content provided by the Exhibitor and uploaded in the Digital Platform including, without limitation, the layout and presentation, and in any manner it deems appropriate; and

.

1.5 The Digital Platform and its content, including without limitation the Material – as defined in Clause 5.1(i) below, are owned by the Organiser in accordance with these Terms. Any use or reproduction by the Exhibitor of the Digital Platform is prohibited other than as expressly stipulated under these Terms.

1.6 The Exhibitor may copy and paste the URL link of the Digital Platform and share it with the public but only as approved and instructed in writing by the Organiser.

1.7 The Exhibitor may not, without the prior written approval of the Organiser, distribute or commercially exploit the Digital Platform, including, without limitation, its content.

2. PERMITTED EXHIBITS

2.1 The Exhibitor may not exhibit works that have been banned from production, distribution or import by a court of law in the United Arab Emirates, or similarly in a court of law abroad, if this judgment has been declared enforceable in a court of law in the United Arab Emirates.

2.2 The Organiser requires that the Exhibitor provide complete details of the works to be displayed including, without limitation, the size, title, and price of the proposed Exhibit(s) and reserves the right to reject the exhibition of any Exhibit.

2.3 The Exhibitor will immediately upon the request of the Organiser remove any of its Exhibits or content displayed in the Digital Platform.

2.4 Exhibitors will only upload approved proposals by the Organiser and the Organiser will have the right to remove any of its Exhibits or content upon breach.

3. EXHIBIT(S) SALE

3.1 The Exhibitor is solely responsible for the sale of its Exhibit(s), including, without limitation managing payments.

3.2 All payments in relation to the sale of Exhibit(s) will be made directly to the Exhibitor without the involvement of the Organiser.

3.3 All Exhibitors are required to declare to the Organiser their sales at the fair.



 

4. AMENDMENT OF THE TERMS

The Organiser at its absolute discretion reserves the right to amend these Terms at any time. All amendments will be binding on the Exhibitor.

5. ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES

5.1 The Exhibitor irrevocably consents and acknowledges that the Digital Platform:

(i) will be recorded in audio and video by the Organiser and understands that the Exhibitor’s likeness, voice, image and Exhibits will appear in each audio and/or video recording (the Material); and

(ii) may contain links or pointers to other websites, including, without limitation, the Organiser’s other websites which are governed by different terms and conditions and are applicable to all of their users.

5.2 The Exhibitor represents and warrants that

(i) it has the authority to grant to the Organiser the permission and rights granted in clauses 5 and 6;

(ii) that no element it provides to the Exhibition infringes upon any copyright or other right of any person, firm, or corporation nor will give rise to any Claims; and that use of the Material by the Organiser will not require any payment to any third party, and that no other permission is required with respect to the rights granted under these Terms;

(iii) all information it provides in relation to these Terms, including, without limitation its Application Form are correct, accurate, and made with due care and diligence;

(iv) it will comply with all reasonable instructions given to it by the Organiser in connection with the Exhibition; and

(v) it will upload its content to the Digital Platform in a timely and professional manner and in accordance with these Terms.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All Intellectual Property Rights arising out of or in connection with the Exhibition, including without limitation the Digital Platform are owned by the Organiser.

6.2 The Exhibitor agrees to transfer and assign to the Organiser all legal and beneficial title to the Material and ownership of all Intellectual Property Rights including (without limitation) any likeness rights, copyright, right of adaptation, right of secondary usage and excluding any moral rights that cannot be assigned in the Material and waives any right of payment for the assignment to the Organiser of the Intellectual Property Rights and the Organiser’s use of the Material.

6.3 The Exhibitor irrevocably consents to the Organiser’s use of the Material and reproductions of it in any media including (without limitation) social media platforms, websites, multimedia guide, digital and printed publications and for any commercial and non-commercial purpose, including (without limitation) internal, educational and archival purposes and corporate promotions and all other publication purposes.

6.4 The Exhibitor grants to the Organiser the right to exploit the Material, in whole or in part, without any limit on frequency and worldwide in any and all media formats (now existing or developed in the future), throughout the world in perpetuity.

6.5 The Exhibitor irrevocably undertakes that it will, and will ensure that any third parties will, execute and do all matters, acts, deeds, documents and things necessary or desirable (including, without limitation, any document the Organiser requires to be executed to effect the assignment of the Intellectual Property Rights to give full force and effect to the Terms.