Site name hereAbu Dhabi Art

Terms and Conditions


General

These are the terms and conditions for participation in Abu Dhabi Art 2023, 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 2023 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.

The 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 artwork 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 based on the space applied for by Exhibitors and on the available space at the Fair. 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 are 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 2023. Payment should be made within one month of receipt of invoice.
  • 50 % of the balance is due by 1st September 2023. 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 and all bank charges for the transfer of funds or for the exchange rate.
The name of the Exhibitor should be clearly referenced in the wire transfer.


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.


Digital 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 virtual booth from which to display artworks that will also be exhibited at the Fair. The Exhibitor takes full responsibility for copyright clearance for works shown on the digital platform in their virtual booth.

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 not 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.