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Rules and regulations

1. RECITAL

SITHENGI will act as a facilitator to further dialogue between Africa, the global film and television community and prospective film and television interest;
SITHENGI will endeavour to create a platform for commercial activity; and
SITHENGI will provide an education forum for aspirant filmmakers in the Southern African region and introduce them to the creative and commercial potential of film making in this region.

2.2 Words importing the singular, shall include the plural and vice versa and words importing the masculine gender, shall include the feminine gender and words importing persons, shall include partnerships and bodies corporate and vice versa.

2.3 Reference to the regulation means this regulation and any Annexures thereto

INTERPRETATION In this Regulation the following words and expressions shall bear the meaning assigned thereto:

SITHENGI: Film and TV Market Initiative, an Association Section 21 with registration number 9611250/08 trading as Sithengi.

PARTICIPANT: Shall mean delegate/exhibitor or entrant in any programme conducted under the auspices of Sithengi

ORGANISER: Shall mean Sithengi.

EFFECTIVE DATE: The date on which Sithengi confirms acceptance.

ARBITRATOR: The Arbitration Forum (Pty) Ltd. situate at The Belvedere Office Park, Bellarsa Street, Rosenpark, Bellville

VENUE: Shall mean the venue as Sithengi advertises from time to time.

EXHIBITION DATE: Shall mean the date, which Sithengi has advertised/or advised as the date on which the exhibition commences

3. PAYMENT

The participant undertakes to effect payment on the due date as per the presentation package and registration form or invoice.

4. INSURANCE

The Participant shall be required to secure Insurance at its own expense covering products and objects exhibited, and in general all movable or other objects belonging to it as well as insurance covering the risk of bodily injury and/or death to its representatives as well as public liability insurance. The Organiser will not be responsible for theft or damage to private property in the exhibition venue or any personal injury in the exhibition venue or venue where the Organiser conducts its activities.

6. SAFETY AND SECURITY

The Participant is required to familiarise him/herself and comply with the safety & security measures imposed by the Organiser and public authorities.

7.BREACH

In the event that the Participant breaches any or all of the terms stipulated in this document, SITHENGI shall be entitled to cancel this regulation without notice to the participant which cancellation shall be without prejudice to any other remedies it may have whether for damages or otherwise.

8. COSTS

All legal costs as between Attorney and his own client, charges and disbursements and fees of a like nature, incurring by SITHENGI in successfully enforcing or defending any of the provisions of this Regulation, of any claim thereunder, shall be for the account of the participant and be payable on demand

5. RIGHTS AND DUTIES

5.1 Notwithstanding any change in venue, dates, times, cancellation of the exhibition and or termination, the Participant shall have no claim whatsoever against SITHENGI for any damages suffered. Cancellation of registration by the Participant will only be permitted 2 (two) weeks or more prior to the exhibition date, will be subject to a cancellation fee of fifty (50%) percent.Cancellation of registration by the Participant 2 (two) weeks or less prior or "no shows" to the exhibition date, will be liable for the full participation fee.

The Participant must notify SITHENGI in writing of any decision to withdraw from the exhibition by no later than 2(two) weeks prior to the exhibition date.

5.2. SITHENGI will reserve the right to move or alter exhibition stands or the event programme, in which case the Participant will have no claim for repayment or reduction of fees.

5.3 Should the Participant require or request changes and/or additions of any nature whatsoever to the stand/s allocated to it in terms hereof, subsequent to receipt by the Participant of confirmation of booking from the Organiser, An additional charge may be levied against the participant in respect of such change or addition.

5.4 The Participant shall within one day of taking possession of it's stand, notify the Organiser in writing of any or all damages found in respect of the said stand failing which, the cost of any and all repairs effected thereafter, by the Organiser shall be forthe account of the participant 5.5 The Participant shall physically and in person occupy his/her stand space at least 24 hours before the commencement of the exhibition, and must keep it fully equipped and occupied for the full duration of the exhibition. The Participant shall furthermore not remove any equipment from its stand prior to 18h00 on the final day of the event.

5.6 The Organiser reserves its right

to reallocate a stand originally allocated to the Participant should the said Participant fail, for any reason whatsoever, to take physical and personal occupation of the said stand as stipulated in 5.5 above. The Participant shall in terms hereof be deemed to have forfeited its participation fee in respect of the said stand and further more waives its right to claim repayment of the said fee or to claim damages of any nature in respect hereof from The Organiser.

5.7 The Participant shall under no circumstance sub-let the stand or any part thereof allocated to it.The Participant shall in this regard furnish the Organiser in writing with the names and relevant details of its representatives who shall be the sole persons authorised to occupy the said stand.

5.8 Advertising and distribution of documents or objects of any kind.

Any form of advertising other than that employing the media made available to the participant by the Organiser, and the insertion or display rights, which have been obtained before hand in accordance with the currently applicable charges, are forbidden. Advertising of the editorial type must be accompanied by the description "Advertising". The use of advertising stickers, and prospectus distribution, or the distribution of documents of any nature or for any other purposes must be submitted to the Organiser for prior approval.

9. VENUE

9.1 SITHENGI shall endeavour to ensure that the exhibition will take place at the given venue dates and times as stipulated in the presentation package and registration form.

9.2 Notwithstanding the contents of the preceding paragraph, SITHENGI

May in its sole and absolute discretion, change the venue, dates and times of the said exhibition, as it deems fit.

9.3 In the event of changes referred to above

9.3.1 the Participant shall not challenge the Organiser's decision and;

9.3.2 such changes will not affect the Participant's obligations to SITHENGI.

9.4 SITHENGI reserves the right to cancel the event: -

9.4.1 should the number of entries not justify the costs involved. In such instance the full registration fee will be refunded.

9.4.2 should the organiser be unable to provide premises for any reason whatsoever.

In such instance the participant shall be given reasonable notice of cancellation, the effect of which shall by implication terminate this regulation.

 

10. RESTRAINT

Any Participant is formally prevented from participating in the activities of any event which may have similar objectives (of any event that may have similar objectives) to that of the Organiser, which take place in the greater Cape Town area at the same time as SITHENGI. No Participant may utilise any other venue in the same city for the conduct of any activity, which has similar objectives to that of the organiser unless such venue is officially accredited by the Organiser.

Please note: Hotel rooms around the venue may not be used to conduct business similar to that taking place at Sithengi.

11. INDEMNITIES

Delegates entering films or projects for the Co-Production Forum and Newcomers' Competition and any programme operated under the auspices of Sithengi affirm that they have duly authorised to enter the films into the SITHENGI programme and indemnify the SITHENGI organisation against rights disputes that may arise out of any film having been entered at SITHENGI.

Insurance Indemnity -

All persons attending the South African Film & Television market and/or property brought onto the premises at the market do so entirely at their own risk.

No persons shall have any claim whatsoever against the organisers, its principals, directors, servants, or agents for any accidents, injury, loss or damage caused through any act or omission whether negligent or otherwise on the part of the organisers, its principals, directors, servants or agents.

12. INDULGENCE

No relaxation or indulgence granted to any other parties from time to time shall be deemed to be a waiver of Sithengi's rights in terms hereof, nor shall any such relaxation of indulgence be deemed to be a novation or waiver of the terms and conditions of this Regulation.

13. APPLICABLE LAW

These Regulations shall in all respects be governed by and be constructed in accordance with the law of the Republic of South Africa, and in all disputes, actions and other matters in connection therewith shall be determined in accordance with such law.

16. ACCEPTANCE

Signatures by the participants on an of Sithengi's registration forms affirms consent to these regulations. Signatures are in accordance with current mandates.

15. VARIANCE

No Regulations at variance with the terms and conditions of this Regulations and no waiver by SITHENGI of any of its rights shall be of any force or effect unless reduced to writing and signed by the parties hereto.

14. ARBITRATION

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Regulations, then that dispute shall be submitted to and decided by the Arbitration. Any Arbitration arising out of this arbitration Regulations shall be referred to The Arbitration Forum (Pty) Ltd. and shall be conducted in accordance with the standard terms and conditions, and the summary procedure rules, then applicable in that Forum.

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