1. TERMS AND CONDITIONS
1.1. FAME Week Africa (“Reed”) is an Event hosted by Reed Exhibitions (Pty) Ltd (“Reed”) held in the Republic of South Africa on an annual basis.
1.2. These Participation and Credentials Terms and Conditions (the “Terms”) apply to (i) you and any individual or entity you are engaging in a transaction on behalf of to participate in any FAME Event (“you” “your” or “Participant”), (ii) such Participant’s application for involvement in the Events (“Application(s)”) and (iii) Participant’s registration, attendance, participation, and/or enrolment, including, without limitation, purchase and/or possession of any FAME Week Africa Event entry or access credentials or permissions whether physical or digital, badges, tickets, passes, and giveaways (tickets, passes, permissions and badges are collectively referred to herein as “Credentials”).
1.3. The Credentials you selected for purchase are for a Physical Event and only the terms concerning the type of event(s) you selected apply.
1.4. Reed agents and representatives are the sole creators, sellers, and distributors of Reed Credentials. Any Credentials not created by and legally acquired from Reed, or its authorized agents or representatives will be considered fraudulent and invalid, and subject to revocation. FAME reserves the right to pursue any and all legal action or remedy available against any person or entity involved in the actual or attempted creation, dissemination, or use of an unauthorized Credential/s.
1.5. Any application forms, submission requests, proposals or other offers not located on official FAME channels are not official FAME applications and will not be considered or fulfilled.
1.6. Reed reserves the right, in its sole and absolute discretion, to relocate the Event to another venue in the best interests of the Event as a whole. Reed shall not be held liable for any loss or damage of whatsoever nature caused and howsoever arising in the event of relocation. The Participant hereby agrees that Reed may, in the best interests of the Event, relocate the Event, should it be necessary.
1.7. Should the dates become unsuitable for whatsoever reason, Reed reserves the right, in its sole and absolute discretion, to reschedule the dates and times to more advantageous dates and times for the success of the Event, as the case may be, as a whole and the Participant hereby agrees to be bound by such dates and times. Reed shall not be held liable for any loss or damage of whatsoever nature caused and howsoever arising in the event of a rescheduling. The Participant shall be entitled to transfer their space to a future Event held by Reed.
1.8. Reed does not guarantee the number of persons expected to attend the Event and gives no warranties in this regard.
1.9. Reed reserves the right to produce, reproduce, or copy photographs, live stream, record, film, video, or other make any other recordings of Participants’ stands, their representatives and their products, displayed at the Event for the purposes of promoting the Event and future Events for exploitation in any and all media whether now known or hereafter devised. Unless otherwise agreed to in writing, the Participant hereby consents to its voice and likeness and that of its employees and representatives being used, (as stated above) without compensation and hereby releases Reed from any liability on account of such usage or any claim of infringement relates to the Protection of Personal Information Act 4 of 2013 (as amended). Non-consent notifications must be received by Reed in writing, notification must be acknowledged to be considered.
1.10. Any other forms of photography, video production, filming, or recording is strictly prohibited and persons in breach of this regulation may be removed from the Event, as the case may be. Any person, and in particular any Participant, including the Participant’s employees or sub-contractors guilty of breaching these provisions, may be removed with immediate effect.
1.11. The Participant hereby warrants that its Collateral, products, and any content provided by the Participant have not been copied from any other Participant or other third party and that the Participant does not knowingly infringe any intellectual property rights of another Participant or other third party, including but not limited to any and all rights in copyright, design right, patents, trade marks relating to anything which is exhibited in any form whatsoever at the Event. The Participant hereby fully indemnifies Reed for any breach of such warranty.
1.12. No children or young adults under the age of 16 (sixteen) years are permitted in the Event halls during build-up or breakdown. Please see the Event website for any further restrictions on age, regarding the build-up and breakdown periods and procedures. Reed shall have sole control over admission policies at all times. See Event website for the attendee admissions policy.
1.13. In the event that Reed provides an internet connection at the Event, either by way of its own provision or by utilizing an external service provider, Reed reserves the right to regulate the use of such internet services and will not guarantee such usage on any platform or format. In the event of the Participant connecting to the said service, the Participant hereby agrees that it is aware of the fact that it will share/provide Reed with personal information/data. The Participant, alternatively any person who utilizes the said services hereby indemnify Reed against any claims that may arise from the usage of the said internet services as well as the provision of its/his/her personal information. The purposes of the provision of the said internet and connection services is to ensure smooth operation of computer technology and internet access for the benefit of all Participants.
1.13.1. This policy shall apply to any form of computer, whether a PC, laptop, server, PDA, tablet or mobile phone or any similar device (“Computers”) which is provided by the Participant (or any third party) and connected by wired or wireless means to the network(s) of the Reed or any of its contractors at the Event (“the Network”).
1.13.2. Participants shall use their best endeavours to prevent any unauthorized access to the Network and will ensure that the computers do not introduce any computer bugs, computer viruses, worms, Trojans horses, software bombs or any similar items or software to the Network.
1.13.3. All Computers used to access the network have to have the latest commercially available versions of antivirus and firewall software correctly installed and configured. This software must be kept up to date for the duration of the Event.
1.13.4. Reed reserves the right to make random visits to Participants stands to seek confirmation that Participants are in compliance with this policy.
1.13.5. In the event that on investigation it becomes clear that the latest version of the antivirus and/or firewall software is not installed and any device which is required to have such software is being used, or there is any failure to comply with this Policy, the Reed reserves the right to disconnect any or all of the Participant’s computers from the Network and disable any wireless network that do not comply with this policy.
1.13.6. In the event of such disconnection, it will be the responsibility of the Participant to ensure that a current version of the required antivirus and/or firewall software is installed and that any other failure to comply with the Policy is remedied. Only once this remedial action has been taken to the satisfaction of Reed, will the Participant be allowed to reconnect to the Network.
1.13.7. The internet connection via the Network, if provided at the Event, is for Participants’ use only and such use shall be entirely at their own risk. Reed shall not be liable for any loss, loss of profits as a result of a decrease in sales at the Event or thereafter, damage or liability (whether direct, indirect, special, or consequential including, without limitation, loss of profits, business interruption, loss of programs or other data) or a breach in as far as the Personal Information of the Participant is concerned, as a result of any usage by the Participant of the Network.
1.13.8 The Participant hereby indemnifies Reed of any loss or damages suffered by the Participant as well as any other third party, including but not, limited to fellow Participants at the Event, as a result of the Participant failing to comply with this internet connection policy.
1.14. Reed is not responsible for the failure of the Venue or a third party to provide services and utilities, including, but not limited to, electricity, water and internet services or apps for mobile devices, and the Participant shall not be entitled to any reduction in Service Charge due or paid in the event of such failure.
1.15. The parties agree that the rule of interpretation to construe contract terms against the drafter, namely the contra proferentem rule shall not be applicable.
1.16. Participant to adhere to rules and regulations as set by the Venue to ensure safety and public order is maintained. Smoking is strictly prohibited in the venue.
1.17. This Agreement shall apply to all services rendered by Reed to the Participant to the complete exclusion of any other terms and conditions whether oral or in writing.
1.18. The headings in this Agreement have been inserted for convenience only and shall not be used for nor assist or affect its interpretation
2. REFUND AND REVOCATION
2.1 All Credentials are the sole property of Reed. As always, if a Participant violates these Terms (and/or any terms cross-referenced herein), Reed has the right, in its sole discretion and at any time determined by Reed, to cancel, revoke, or refuse all transactions with any individual or entity, including, without limitation, the following: Credentials, and purchases, made through Reed. Reed will not be responsible for any penalty, fee, loss, or expense incurred by Participant that might result from such action, regardless of whether such penalty, fee, loss, or expense was foreseeable, or Reed was advised of the same.
2.2 Reed does not issue refunds under any circumstances, including, without limitation, for Application fees or Credentials transactions. Any and all payments made to Reed are not refundable for any reason, including, without limitation, failure, or inability to use Credentials due to illness, acts of God, public health crisis, disease, virus, pandemics, epidemics, government restrictions, earthquakes, hurricanes, floods, other natural disasters, wars, riots, insurrections, civil unrest, acts or threats of terrorism, cyber-attacks, government actions, travel-related problems, loss of employment and/or duplicate purchases. Reed will not issue refunds, deferrals or credits for Credentials that have been revoked.
2.3 If an Event is cancelled in its entirety for any reason, you may defer your Credentials to the next FAME Event of the same type for which your Credentials were purchased.
2.4 If an Event is cancelled in its entirety for any reason, you agree that aside from obtaining a deferral credit for your Credentials, you will have no remedy against Reed, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable, or Reed was advised of the same.
2.5 If an Event in its entirety is postponed for any reason, your Credentials will be valid for the rescheduled dates in the same calendar year for such Event. If an Event in its entirety is postponed for any reason, you agree that aside from your Credentials being valid for the rescheduled dates, you will have no remedy against Reed, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable, or Reed was advised of the same.
2.6 Unused Credentials have no monetary value and cannot be credited to future years or events unless the Event in its entirety is cancelled, and you defer your Credentials to the next Event.
3. ENTRY
3.1 Physical Events
3.1.1 For security reasons, and to allow entry into FAME Physical Event(s), Participant must wear, possess, and present their Credentials at Physical Events. No other laminates may be worn on the FAME lanyard for the badge to be valid. If Credentials are not worn or presented correctly by a Participant, Reed reserves the right to deny that Participant’s entry into FAME Physical Events.
3.2 Entry and Restrictions
3.2.1 FAME Credentials allow the Participant entry or other access to specific defined Events, but do not guarantee admission or other access to all elements of an Event.
3.2.2 Event admission and participation are subject to certain limitations, including, without limitation, venue capacity, geo-blocking, technical limitations in compliance with laws. Capacity restrictions are specific to each venue and are set by relevant authorities. Venues may each have their own restrictions limiting entry unless Credential holder complies with certain Venue policies, or restricting entry with certain foods, beverages, or other items.
3.2.3 No Participant or its representatives will be admitted to the venue without an official pass.
4. NO TAMPERING WITH CREDENTIALS
Tampering with any Credentials, including, without limitation, (e.g., stretching, tearing, cutting, taping, etc.) is not permitted. If tampering is evident, the applicable Credentials will be invalidated and confiscated, and Participant will not be allowed entry to any/all FAME venues and/or Events where the Credentials are required. No refunds will be issued in such case.
5. EVENT FILMING, PHOTOGRAPHY AND LIVE STREAMING
This event is taking photographs/recording/live-streaming videos. Any images captured may be used by the event for editorial/journalistic, archival, promotional, and marketing purposes, and may be shared on social media. If you would prefer not to be filmed or photographed, please let us know and we will make all reasonable efforts to facilitate this request via our Customer Services team. However, we film many of our on-stage/ guest/panel sessions and it may not be possible to avoid capturing audience members. If you ask a question or otherwise participate, you may be specifically featured.
6. WEAPONS-FREE
FAME is a private event and maintains a Weapons-Free Policy for all Events, which is incorporated herein, and Participant agrees to its terms. Without limiting the Weapons-Free Policy, Participant is prohibited from carrying weapons of any kind, including, without limitation, concealed or displayed firearms, and is not permitted to bring weapons onto the premises of any Events. Participant’s bags may be checked prior to entering a physical, in-person venue (whether part of the Physical Events or production for the Online Events) by employees, contractors and/or representatives of: (a) Reed; (b) the venue for Events; and/or (c) Reed’s clients or sponsors. Reed reserves the right, in its sole discretion, without refund, deferral or credit to Participant, to deactivate and/or revoke the Credentials of a Participant if such Participant violates this Weapons-Free Policy. Participant agrees that this policy is in force, and agrees to comply with the policy, regardless of the terms of any signs posted on the premises or venue of any Event.
7 CANCELLATION, BREACH, TERMINATION AND FORCE MAJEURE
7.1 In the event that Reed institutes legal action against the Participant in terms of the provisions of this Agreement, then the Participant will be liable for Reed’s legal costs on the Attorney and Client scale, as well as collection commission, fees for tracers and Counsel fees.
7.2 Reed shall have the right to terminate the Agreement forthwith by notice in writing to such Participant.
7.3 In the event of termination, the Participant and its employees, agents, stand sharers and other representatives will be prevented from attending the Virtual Event, the Event as the case may be, and the Collateral and/or exhibits of such Participant shall be removed from the Event platform and/or premises at a time to be stated by Reed. Reed shall be entitled, if necessary, to remove and dispatch the said exhibits and property (at the risk and expense of the Participant/s).
7.4 The Participant shall co-operate with Reed and provide all reasonable information requested by Reed to assess whether the Participant, its employees, agents, stand sharers or other representatives are prevented from attending the Event under the relevant laws, sanctions, rules, ordinances, decrees, or regulations. Reed’s decision shall be final.
7.5 If the Event is abandoned, cancelled, or suspended in whole or in part by reason of war, fire, national emergency, labour dispute, strike, lock-out, civil disturbance, inevitable accident, fuel shortages, pandemic, World Health Organization travel advisory or travel alert, epidemic, the non-availability of the Virtual Event platform, the non-availability of the Event premises or any other cause not within the control of Reed, whether ejusdem generis or not, within the control of Reed. Reed may subject to Reeds insurance elect but shall be under no obligation to provide a partial refund, to the Participant. Reed shall be under no liability to the Participant in respect of any actions, claims, losses (including consequential losses), costs or expenses whatsoever which may be brought against or suffered or incurred by the Participant, as the result of the happening of any such event.
7.6 Reed shall have the right at all times to abandon, cancel or suspend the Event in whole or part in the event that there is likely to be insufficient Participant participation in and visitor support therefor, the likelihood of such insufficiency to be determined by Reed whose decision shall be final.
7.7 In the event of such an abandonment, cancellation or suspension, the Participant shall be entitled to transfer their space to a future Event held by Reed. Where the Participant does not wish to transfer to a future Event, but the Reed shall not be further responsible to the Participant in respect of any actions, claims, losses (including consequential losses), costs or expenses which may be brought against or suffered or incurred by the Participant as the result of the abandonment, cancellation, or suspension of the Event.
7.8 Should an Participant being an individual or firm be sequestrated or make any compromises with his or their creditors, or being a limited liability company, go into liquidation (other than a solvent voluntary liquidation for the purpose of amalgamation or reconstruction) or commence business rescue proceedings, or an administrative order is made against the Participant or its assets or the Participant enters into any arrangement / compromise with its creditors or is unable to pay its debts as they become due, the Agreement with such Participant shall terminate forthwith save that all service charges paid shall be forfeited and the balance of the consideration shall become due and payable forthwith and such termination shall be without prejudice to any claim of the Reed against the Participant in respect of any antecedent breach.
8. EXCLUSION OF LIABILITY
8.1 Reed shall not be responsible for any special, direct, indirect or consequential loss, damage, data loss, theft or breakage to the stand or any other property of any kind brought into the Event/venue by the Participant, its servants, employees, agents, contractors or invitees or for any injury to the person of an Participant, or any of its servants, employees, agents, contractors or invitees howsoever such loss or damage to the stand or property or injury to person may be caused and notwithstanding that such loss or damage to the stand, property, or injury to person may have been occasioned by the neglect of the invitees or by the Event site being in or falling into a defective state of repair or failure to provide services.
8.2 In addition, and not limiting the generality of the foregoing, under no circumstances shall Reed be liable towards the Participant or any other person for any loss of any nature whatsoever and howsoever arising, including but not limited to lost goodwill, loss of profits, loss of revenue or, difficulties which may arise out of this Agreement, unless same is as a result of the gross negligence of Reed.
8.3 The Participant hereby indemnifies Reed against all and any actions, claims, demands, costs, charges or expenses arising or resulting directly, or indirectly from any act, omission or negligence by the Participant, its servants, agents, contractors or invitees notwithstanding that such action, claim, demand, cost, charges or expenses may have been occasioned in whole or in part by the Event site or any installations thereof being of falling into a defective state of repair to the maximum extent allowed and permissible in terms of the Consumer Protection Act 68 of 2008.
8.4 Reed is not responsible for the content of any speaker’s presentation; such content is the opinion of the speaker and not of Reed.
8.5 Participant agrees to indemnify, defend, and hold Reed and its affiliates, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers, and representatives harmless from and against any and all claims, demands and all other liabilities, including, without limitation, costs and attorneys’ fees, made by any third party arising out of or in connection with Participant’s participation in the Events, use of the Credentials, or any violation of the Terms by Participant.
9. COMPLIANCE WITH LAWS
The Partic ipant shall comply with all laws relevant to the performance of the Agreement and relevant to the Event. Bribery and any other form of unethical business practice is prohibited in relation to the Event and all business transactions in relation to the Event shall be accurately and completely recorded in accordance with applicable laws. The Participant shall not in connection with the Event accept gifts or inducements of any kind nor give or offer to give any person, an inducement or gift of any kind that could be perceived by others to be a bribe.
10. PRIVACY AND DATA PROTECTION POLICY
10.1 In this clause, “Data Protection Legislation” means any laws, rules, regulations, directive, decrees, orders, or other legal requirements relating to the protection and / or processing of Personal Information in any relevant jurisdiction, as well as the Protection of Personal Information Act 4 of 2013 (POPIA) (as amended from time to time).
10.2 Regarding the personal data that the Participant may have access to and process as part of its participation in the Event (including Visitor Data), the Participant agrees to comply with all applicable obligations as a “data controller” or “data processor” (as may be relevant) under the Data Protection Legislation including its decisions and actions concerning its processing and use of such personal data.
10.3 By signing the Contract to Exhibit, the Participant is consenting, under all relevant data privacy and Data Protection Legislation, to Reed communicating with Participants via telephone, email and by post and using its Personal Information for the following purposes, namely: for the Reed’s internal purposes, which will include accounts processing, internal analysis of Participants, publishing the Participant’s details on the Event website, in the official catalogue for the Event and / or in any other directory relating to the Event or relevant industry in each case whether in print, electronically or in any other media, inviting Participants to other events organized by the Reed or its group, disclosure of information to contractors who provide services in respect of the Event, (including, but not limited to, shell scheme, security, registration, cleaning and freight contractors, caterers and electricians), disclosure to direct mailing contractors and disclosure or transfer of Participant’s Personal Information to members of the Reed’s group worldwide to allow the group to further develop its business and its services to Participants. Please contact the Reed if you do not wish your Personal Information to be used in any of the ways mentioned above.
10.4 The Participant shall implement and maintain appropriate technical and organizational security measures against the unauthorized or unlawful processing of Personal Information (including Visitor Data) and against accidental loss, or destruction of or damage to Personal Information to meet the requirements of the Data Protection Legislation, to ensure the protection of the rights of the data subjects, and provide a standard of protection that is at least as comparable to the protection required under the Data Protection Legislation.
10.5 The Personal Information provided by the Participant to the Reed (including details of Permitted Sharers) is necessary for the fulfilment, administration, management, and execution of the Contract to Exhibit. The individual identified in the Quotation, Contract to Exhibit and later communications as the contact person for the Participant or Permitted Sharers may be contacted by the Reed, the Venue, the virtual platform and their subcontractors for the purposes of facilitating the participation of the Participant and Permitted Sharers at the Event which may also include entry of the Participant and Permitted Sharers on the Event website and in the Event directory, arranging introductions to or appointments with certain Event visitors, and appropriate marketing of related services and products, subject to the Event privacy policy, which is displayed on the Event website.
10.6 These Terms and Conditions include the Reeds Privacy Policy, which is included herein by reference and can be accessed on the Reed’s website or at the request of the Participant to the Reed.
11. APPLICABLE LAW
This Agreement shall be governed, interpreted, and implemented in all respects in accordance with the laws of the Republic of South Africa.
12. JURSDICTION
The Parties consent to the jurisdiction of the Magistrate’s Court in any action or proceeding otherwise beyond its jurisdiction, it being understood however, the Reed shall at all times be entitled to bring any such action or proceeding in the High Court. If any action be necessary, each Party to pay own costs and disbursements as between attorney and client unless otherwise stipulated by Order of Court.
13. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
Participant understands and agrees that participating in the events is voluntary and may involve certain risks of physical injury, damage to property, whether physical property or intellectual property, and other damages or losses that may be sustained by participant, and participant assumes all risk of damage, property loss, and/or personal injury which may occur as a result of participating in the events, including, without limitation, exposure to identified pandemic level communicable illnesses (including covid-19). participant hereby releases Reed, Reed owners, Reed sponsors and Reed official venues, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers and representatives (the “released parties”) from any liability associated with participating in the events, including liability for the negligence of any released parties, unless such liability is due to the gross negligence of the released parties, in which case the release will still apply to any of the released parties that were not grossly negligent.
14. NO WARRANTIES
Except as may be expressly set forth in these terms, participant’s participation in the events, and all services and products provided in connection with the events, are provided “as is” without any warranty of any kind. Reed expressly disclaims all express, implied, or statutory warranties, representations, or conditions, whether written or oral, including any implied warranties of merchantability, fitness for a particular purpose, security, reliability, integration, safety, or any warranties that may arise from course of dealing. Reed expressly disclaims any warranties not expressly stated herein and has made no representations or warranties to participant about the suitability, condition or safety of the Reed events, Reed platform or digital transmission of the events, your ability to access or use Reed content or services, any equipment provided by Reed or its vendors, Reed services or products supplied as part of the events or that the events, including any streaming, will operate without interruption or be error free.
15. PARTICIPANTS
15.1 Pass allotment and event eligibility varies by badge type, as defined below:
15.1.1 Producer
A film or TV producer is a participant that is responsible for overseeing the development, production, and distribution of a film or television show. Producers also have creative and business responsibilities, such as developing a project's overall vision, formulating decisions about marketing and distribution, and managing the budget. A producer's role is to bring a project to completion and to make it successful in the marketplace.
15.1.2 Content Creative
A film or TV content creative is a participant that is responsible for the creative development of a film or television show. This creative could form the role of writers, directors, and other creatives who work to develop the project's storyline, characters, and visual style. Content creatives may also be involved in casting decisions, location scouting, and other aspects of the production process. They work closely with the production team to ensure that the project is executed in a way that brings their creative vision to life. Ultimately, a content creative is responsible for developing the project's artistic and creative elements and helping to ensure that it is successful in the marketplace.
15.1.3 Buyer
A film or TV buyer is a participant whether an individual or organization responsible for purchasing the distribution rights to films or television shows for exhibition or broadcast. Buyers can be individuals, such as independent theatre owners or festival programmers, or companies, such as television networks or streaming platforms.
15.1.4 Seller/distributors
A film or TV seller is a participant whether an individual or organization responsible for selling the distribution rights to films or television shows to buyers such as independent theatre owners, television networks, or streaming platforms. Sellers are typically production companies, sales agents, or distributors who have acquired the distribution rights to a film or TV show and work to secure deals with buyers.
15.1.5 Non-exhibiting
Non-exhibiting refers to a company or individual who is present at MIP Africa but does not have a booth or exhibit on display. They access to the meeting diary, able network with other attendees and attend content sessions and workshops.
16. ADDRESSES FOR LEGAL PROCESS AND NOTICES
16.1 Any notice required or permitted to be given under this Agreement shall be in writing, shall specifically refer to this Agreement, and shall be addressed to the appropriate Party at the address specified below or such other address as may be specified by such Party in writing in accordance with this clause 15.1, and shall be deemed to have been given for all purposes (a) when received, if hand-delivered or if by electronic mail on the same day or sent by a reputable international courier service, or (b) ten (10) Business Days after mailing, if mailed by first class certified or registered airmail, postage prepaid, return receipt requested.
16.2 Notwithstanding anything to the contrary in this clause 15. a written notice or other communication received by any party shall be adequate written notice or communication to it notwithstanding that the notice was not sent to or delivered at its chosen address.
16.3 Any party may by written notice to the other party change its physical address postal address or email address for the purpose of this clause 15. to any other address, provided that the change shall become effective on the 7th (seventh) day after the receipt of such notice by the other party.
16.4 The Reed has chosen for the purpose of this Agreement the following physical address, postal address, and email address:
16.4.1 Physical address: Building 8, Country Club Estate Office Park, 21 Woodlands Drive, Woodmead, Johannesburg, South Africa;
16.4.2 Postal Address: PO Box 1597, Kelvin, 2054.
16.4.3 All notices to be marked for the attention of Legal and Compliance.
17. ENTIRE AGREEMENT
17.1 This Agreement contains the entire agreement between the Reed and the Participant. The Participant acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement, including any links to documents referred to in this Agreement. This does not exclude liability for fraudulent misrepresentation.
17.2 These Regulations shall apply to all agreements, including this Agreement, and shall override any terms submitted by the Participant which shall have no legal effect.
17.3 All conditions and warranties implied by custom, law or regulation are excluded from this Agreement to the extent permissible by law.
18. GENERAL
18.1 The headings in this Agreement have been inserted for convenience only and shall not be used for nor assist or affect its interpretation.
18.2 No variation of this clause as well as the balance of this Agreement shall be of any force or effect unless reduced to writing and signed by all the parties, excepting such variations by the Reed as allowed in terms of this Agreement.
18.3 No indulgence or extension, which the Organiser may allow to the Participant, will be regarded as a variation of this Agreement, or a waiver of the Organiser’s rights in terms of this Agreement.
18.4 Regulations and Directives as published by the Government of the Republic of South Africa made in terms of the Disaster Management Act have been repealed. Health and safety protocols are encouraged however not mandatory. The Participant to assume any actions that will assist in the risk of and related exposure to COVID-19.
18.5 No remedy conferred by this Agreement is intended to be exclusive in any other remedy that is otherwise available in law, unless expressly limited in this Agreement.Each remedy shall be cumulative and in addition to any other remedy granted in terms of this Agreement or otherwise available in law. The election of any one or more remedy by any of the parties shall not constitute a waiver by such party of the right to pursue any other remedy.
18.6 If any provision of this Agreement is rendered void, illegal or unenforceable in any respect such provision shall be severable and the validity, legality, and enforceability
of the remaining provisions of this Agreement shall remain in full force and effect.
18.7 This Agreement may be executed in one or more counterparts which, when read together, will constitute a single binding agreement.
18.8 For the purpose of delivery of all notices and / or processes arising from or in connection with this Agreement, the Participant chooses as its domicilium citandi et executandi the address stated in the Participant’s application or registered office of the Participant as stated under clause 16 of the Agreement
18.9 To the extent that the CPA applies to this Agreement, any provisions contained herein which are in conflict with Section 51 shall be read as being pro non scripto and as such shall not be binding as between the parties.
18.10 The signatory to this Agreement confirms that the entire contents of this Agreement and all its terms and implications and consequences of the terms have been fully explained to them and that they understand and agree to all the legal effect thereof.
18.11 The parties agree that the rule of interpretation to construe contract terms against the drafter, namely the contra proferentem rule shall not be applicable.
18.12 The Participant shall not be entitled to cede, assign, transfer, make over, sublet, subcontract, delegate or alienate any of its rights or obligations in terms of this Agreement
without the Reed’s written consent. Consent may be withheld in the Reed’s sole and unfettered discretion.
19. RESERVATION OF RIGHTS
Reed reserves the right to take any action that is reasonably necessary in the sole judgment of the Reed for the protection of the Event and/or the participants, including, but not limited to, other Participants and all Attendees and Visitors.