Terms and Conditions1. DEFINITIONS
1.1 In these Terms, the following words will have the following meanings:
Space Agreement means the attached form
Exhibition means the art event
Infinite London means the title of the Exhibition
Submission Fee means a fee to be paid on submitting the art work for the exhibition. It is non-refundable.
Final Fee means the aggregate amount to be paid by Artists to the Organiser for the space allocated
Exhibition Manual means the handbook containing the regulations and requirements including, without limitation, those relating to the Exhibition, the Venue and Artis’s attendance and conduct at the Exhibition
Organiser means LoVArts London Visual Arts
Space means the area of the floor space at the Exhibition allocated to the Artist
Terms means these terms and conditions together with the contents of the Exhibition Manual
Venue means the event location where the Exhibition takes place
2.1 These Terms shall govern the provision of the services by the Organiser to the Artist to the exclusion of any other terms and conditions.
2.2 A binding contract shall come into existence between the Artist and the Organiser on acceptance on the Space Contract in writing by the Organiser
2.3 No changes to the these Terms shall be valid unless in writing and signed on behalf of authorised representatives of both the Artist and the Organiser3. FEE
3.1 The Artist shall pay a non-refundable submission fee of £6 on submitting art work for the exhibition. This fee doesn’t guarantee that the Artist will be a part of the Exhibition. This fee is charged for administration purposes and dealing with the submission process.
3.2 The Artist shall pay the additional fee called Final Fee in a form of:3.2.1 £94 if qualified for the Exhibition. By paying this amount the Organiser and the Artist agree that the Organiser will charge the Artist commission fee of 25% from each sold art work during the Exhibition. The fee of £94 must be paid within 14 days of confirmation from the Organiser that the Artists will be exhibiting their work. Terms on commission from sales see clause 188.8.131.52 £294 if qualified for the Exhibition. By paying this amount the Organiser and the Artist agree that no commission will be charged on sold artwork during the event. This fee must be paid within 14 days of confirmation from the Organiser that the Artists will be exhibiting their work.
3.3 The fee is inclusive of VAT
4. CANCELLATION AND REDUCTION OF SPACE
4.1 Once the Artists receives their space offer they have 14 days to sign and return the agreement and to arrange final payment of the Final Fee. If this is not completed within the 14 days then their space will be offered to another artist.
4.2 If the Artist decides to cancel their participation after signing the agreement, their Final Fee will not be returned.
4.3 The Organiser may re-allocate any cancel Space and, for the avoidance of doubt, the Organiser shall not be obliged to reimburse any cancellation fees in the event of the re-booking such a space.
5. OCCUPATION OF SPACE
5.1 The Artist shall occupy the whole of its allocated Space by the commencement of the Exhibition and for the entire duration of the opening hours of the Exhibition.5.2 The Artist is obliged to bring and install their artwork before the Exhibition starts (dates and times will be drawn up in Exhibition Manuals) and dismount their artwork after the Exhibition is finished.5.3 The Artist is not obliged to be present during the Exhibition
5.4 The Artist shall not sublet or share of the Space or any part of it without the Organiser’s prior consent. Collaborations and sharing of space is allowed with prior consent of the Organiser.
5.4 The Artist shall occupy the Space as the Organiser’s licensee. The Artist shall not obtain any right of exclusive possesion or occupation of or any proprietary interest in the Space.
5.5 The Artist’s Space should be constructed in accordance with the rules and regulations set out in the Exhibition Manual. The Artis shall comply with all instructions of the Organiser and/or its agent in respect of the construction of the Space.
5.6 The location of the Space allocated to the Artist shall be provisional and subject to change prior to Exhibtion.
5.7 The Organiser shall be entitled to relocate the Artist’s Space or Venue at any time prior to the Exhibition and, if necessary, reduce the Space allocated.
5.8 The Artist shall vacate the Space at the end of the period of the Exhibition or otherwise in accordance with the Organiser’s request. In the event that the Artist fails to vacate the Space, it shall indemnify and keep indemnified the Organiser against any losses, costs incurred as a result of the Artist’s failure to vacate.
6. ARTIST’S OBLIGATIONS
6.1 The Artist shall comply with the Exhibition Manual. The contents of the Exhibition Manual varies depending on the exhibition and its venue but a copy of one which is likely to be similar to the Exhibition Manual may be obtained on request. This should be used as a guide of the nature and scope of the rules and regulations to be included in the Exhibition Manual. The Exhibition Manual will be sent to the Artist aproximately one month before the Exhibition.
7. LIABILITY AND INSURANCE
7.1 Subject to clause 7.3, the Organiser shall not be responsible for:
7.1.1 the safety of items brought into the Venue by the Artist, its Agents, employees or sub-contractors; or
7.1.2 the supply to the Artist of any goods or services by the owner/manager of the Venue or any third parties at the Exhibition
7.2 Although all reasonable precautions shall be taken, subject to Clause 7.3, the Organiser’s liability shall be limited as follows:
7.2.1 the Organiser’s maximum aggregate liability under or in connection with these Terms shall not exceed the greater of a total amount of the Fee Actually paid by the Artist and any amounts actually recovered from any policy of insurance by the Organiser in respect of the claim made by the Artist; and
7.2.2 the Organiser shall not be liable for any loss of income or profits, loss of contracts or for any indirect losses.
7.3 Nothing in these Terms shall exclude or in any way limit the liability of the Organiser for fraud or for death or personal injury caused by its negligence, or for any other liability to the extent that the same may not be excluded or limited as a matter of law.
7.4 The Organiser shall not be liable for any delay or damage or loss caused by any event, fact or circumstance beyond the Organiser’s reasonable control.
7.5 The Artist shall indemnify and keep indemnified the Organiser against all costs, losses or damages incurred by the Organiser or claims made against the Organiser arising directly or indirectly as a result of any breach of these Terms by the Artist, any default or negligance of the Artist or the Artist’s agents, employees or subcontractors in connection with the Exhibition.7.6 The Organiser is not liable for any damages to the artwork due to the Venue’s conditions. All of those conditions will be described in Exhibition Manuals and it will be the Artist’s responsibility to understand and agree to those terms.
7.6 The Artist shall take out and maintain adequate insurance which shall not entitle the insurers to exercise subrogation rights agains Organiser and the Artist shall on demand provide sufficient evidence of such insurance to the Organiser
8.1 The Organiser may cancel the booking forthwith by notice in writing to the Artist or if appropriate exclude The Artist from the Exhibition, if the Artist:
8.1.1 commits a material or persistent breach/es of any of these Terms and, having received the notice giving full particulars of the breach/es and requesting that the same be remedied, has failed to remedy such breach/es.
9.1 Final Fee conditions:9.1.1. Referring to clause 3.2.1 where the smaller Final Fee is charged but the Artists agrees to share the commission with the Organiser from the sold artwork during the Exhibition the Organisers shall take 25% VAT inclusive commission of all sold artwork at the Exhibition. If any sales will happen on the day of the Exhibition, the buyers must be directed to the sale point at the Venue where the Organisers will process the transaction.9.1.2 Referring to clause 3.2.2, if the Artist sells their artwork at the Exhibition, the transaction will still be processed through the Organiser9.2 The Artwork sold at the Exhibition will be marked as sold but must remain at the Venue until the Exhibition has finished. There will be the exception in special circumstances and it will depend on the Organiser’s decision.
9.3 The Organisers shall use their best endeavours to distribute sales revenue less commission or admin fees (credit card cgharges, admin fees for credit/debit card portals) to Artists within 7 working days of receipt of invoice for sales at the event. Any refused cheques and credit card payments shall be deducted from Artist revenue due. Any cheques and credit card payments refused by the bank shall not be responsibility of the Organisers. The Organiser is not liable for any agreement between the Artists and buyer. The Artists is obliged to deliver the artwork to the buyer within the times agreed prior to the transaction.
10.1 The person or persons signing the Exhibition Contract on behalf of the Artist shall be deemed to have full authority to do so on behalf of the Atist and the Artist shall have right to claim as against the Organiser that such person did not have such authority.
11.1 The Artist acknowledges that the Organisers shall not be held responsible for the failure of all or any other contracted Artists to attend the Exhibition or the failure of any number of visitors to attend the Exhibition for any reason.
12. FAILURE TO VACATE
12.1 Each Artist will ensure that all the exhibited articles and any alterations to the space will be removed by the specified times at the end of the event. The Organisers reserve the right to pass on any costs incurred by any Artists failure to vacate.
13. COMPLIANCE WITH LAWS AND REGULATIONS
13.1 The Artist shall comply with all applicable laws, regulations and codes of practise relating to the Exhibition and the Artist’s attendance at the Exhibition, including without limitations, the rules and regulations set out in the Exhibition Manual and any additional rules imposed by the owner of the Venue, the local authority and any fire and safety regulations.
13.2 All materials used for building, decorating, covering the Space or forming part of the Space must be non flammable.
13.3 No explosives, detonating or fulminating compounds or other dangerous materials shall be brought into the Exhibition by or on behalf of the Artist.
13.4 The Artist shall warrant that all relevant legislation will not be infringed and indemnified the Organiser against any losses incurred by the Organiser as a result of a breach of the warranties.
14. LAW AND JURISDICTION
14.1 These Terms shall be governed in all respects by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes.
15.1 The failure of either party to enforce any term of or right arising pursuant to these Terms does not constitute a waiver of such term or right and shall in no way affect that party’s right later to enforce or excercise the term or right.
15.2 The invalidity or unenforceability of any term of or right arising pursuant to these Terms shall not adversly affect the validity or enforceability of the remaining terms and rights.
15.3 The Terms constitue the entire agreement and understanding between the parties with respect to its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing, with respect to the same. No representation, undertaking or promise whether, without limitation, relating to location of the Space, visitor or Artist attendance figures or otherwise, shall be taken to have been given or be implied from anything said or witten in communications between the parties prior to these Terms, except as set out herein. Neither party shall have any remedy in respect of any untrue statement made to it upon which it has relied in entering into these Terms (unless such untrue statement was made fraudulently) and that party’s only remedies shall be for breach of contract as provided in these Terms.
15.4 Subject to the definition of ‘Organiser’ pursuant to which it is intended to confer a benefit on the named third parties, nothing in these Terms shall confer on any third party any benefit or right to enforce any of the Terms whether pursuant to the Contract (Rights of Thirs Parties) Act 1999 or otherwise.