INSPIRED ART FAIR 2006 - TERMS AND CONDITIONS
DEFINITIONS

'First submission period'
refers to those artists who submitted their work in the first period of open submissions, 1st December 2005 - 28th January 2006; 'Second submission period' refers to those artists who submitted their work in the second period of open submissions, 1st February 2006 - 28th March 2006; 'Third submission period' refers to those artsist who submitted their work in the third period of open submissions, 1st April-11th June 2006.

'Entry Form'
means the entry form for admission to the Fair;
'Contract' means the contract for participation in the Fair;
Artist' means the artist participating in the Fair following acceptance by the Selection Committee;
'Fair' means the Inspired Art Fair Nov 8th-12th November 2006, in Christchurch, Commercial st, Spitalfields, London E1;
'Fair Organiser' means the organiser of Inspired Art Fair;
'Fair Venue' means Christchurch, Commercial st, Spitalfields, London E1;
'Selection Committee' means the panel of individuals that will collectively decide on admission to the Fair.

INTRODUCTION
Participation by the Artist in the Fair is subject to the terms and conditions set out below which shall govern the Contract between the Artist and the Fair Organiser to the exclusion of any other. Participation is in all cases subject to written acceptance by the Fair Organiser 7 days after the close of the relevant submission period entered. The Artist must comply with all the terms and conditions laid out below.

ALTERATIONS & EXEMPTION

The Fair organiser reserves the right to waive, add to or alter any of the terms and conditions in the interests of the Fair whether generally or in any particular case to take into account unforeseen circumstances. Exemption from any one or more of the terms and conditions may be granted at the Fair organisers discretion but will only be effective if given in writing.

WITHDRAWAL PRIOR TO ACCEPTANCE
Any applicant may withdraw their application prior to acceptance. Each artist is notified with an acceptance in writing 7 days after the close of the relevant submission period entered. Failure to return the acceptance document with deposit (half the stand cost + Vat) will result in the acceptance being withdrawn by the fair organiser.

PAYMENT
There are two payment dates per submission period. For 2006 there are three submission periods. The sooner you get your submission to us the better, as all artists selected from each period are put on our web site after the deposit is made. You will then benefit from more months marketing thorough our monthly newsletter and Press releases to over 14,000 contacts.

DATES TO REMEMBER

First Submission Period (1st December 2005 - 28th Jan 2006)

E mail Acceptance notice + letter + your stand invoice:
6th Feb 2006

Deadline for deposit stand payment:
28th Feb 2006

Deadline for final stand payment:
28th April 2006

Second Submission Period(1st February 2006 - 28th March 2006)

E mail Acceptance notice + letter + your stand invoice:
5th April 2006

Deadline for deposit stand payment:
28th April 2006

Deadline for final stand payment:
28th June 2006

Third Submission Period(1st April 2006 - 11th June 2006)

E mail Acceptance notice + letter + your stand invoice:
12th June 2006

Deadline for deposit stand payment:
28th June 2006

Deadline for final stand payment:
28th August 2006

If the Artist does not pay by the dates specified above the Fair organiser shall be entitled, without prejudice to any other right or remedy it may have, to withdraw acceptance or terminate the Contract, appropriate any payment made by the artist, and charge interest at the rate of 4% above the Bank of England base rate on the amount unpaid from the due date until payment is made in full. All cheques made payable to Inspired Art Fair Ltd in Sterling. Payment can also be made by transfer to:

Inspired Art Fair Ltd,
HSBC Bank, Muswell Hill Broadway, Muswell Hill, London, N10
Account no: 51439367 sort code: 40-04-37.


Please ensure that your name has been included to enable proper credit.

INTERNATIONAL PAYMENTS
If you are an international artsist and wish to transfer payment for your stand via your bank you will need the following details-

SWIFT MIDLGB22
IBAN GB28MIDL40043751439367
ACCOUNT NAME: Inspired Art Fair Ltd,
HSBC Bank, Muswell Hill Broadway, Muswell Hill, London, N10
Account no: 51439367 Sort code: 40-04-37.


SALES OF GOODS AND EXHIBITS
The Artist may offer goods and exhibits for sale to visitors at the Fair, all money taken will be the responsibility of the fairs management/staff. Under no circumstances do the artists take payment themselves. The total sale payment will be taken by the fairs organiser less 30% commission plus VAT (17.5%Vat is added to the 30% commission only) and Credit Card Charges (3 % if the buyer uses a credit card to purchase).

Commission Breakdown Example (payment made using a credit card):

Sale Price
IAF 30%
VAT 17.5%
Credit Card
Charge 3%
Artist 61.75%
1000
300
52.50
30
617.50
500
150
26.25
15
308.75

Commission Breakdown Example (payment made using cash or cheque):

Sale Price
IAF 30%
VAT 17.5%
Artist 61.75%
1000
300
52.50
647.50
500
150
26.25
323.75

If a sale is facilitated by IAF on behalf of an artist because of the absence of that artist (or artists representative), then total payment less 50% commission plus VAT (17.5%Vat is added to the 50% commission only) and Credit Card Charges (3 % if the buyer uses a credit card to purchase) will be taken by the fairs organiser. The sale total less commission, VAT and Credit Card Charges will be paid in full to the Artist no longer than 21days later than the close of fair (Dec 2005) to allow for any discrepancies in payment to be identified. The fair organiser shall issue a VAT receipt for each sale made by the Artist during the Fair. Whilst IAF's organisers support independent artists by encouraging corporate evenings and buyers to attend the fair, entry into the fair does not guarantee sales for the Artist.

WORKS EXHIBITED
The Fair organiser reserves the right to request complete details of any works proposed for exhibition by the artist and reserves the right to refuse any piece of work, which does not meet the requirements of the Fair. If necessary such works will be removed from the venue by the Fair organiser at the expense of the artist.

LABELLING WORKS FOR SALE

Inspired Art will provide a nametag for each artist's space. It is the Artist responsibility to provide white card labels for ALL WORK FOR SALE 8.5 cms L x 5.5 cms H (note all text is to be written on the card LANDSCAPE) Text Type: Times Size: 12

Each piece of work for sale must be provided with one card with the following details on in this order - please start text from left hand side of card (do not centre text):

Name: (of piece of work)
Size: (of piece)
Medium: (acrylic, bronze, oils etc)
Cost: (£'s).

ADMISSION TO THE VENUE
The Artist must obtain from the Fair Organiser the necessary pass to admit themselves and their representatives to the venue during the set up period between 9am-3pm on Wednesday 8th Nov 2006. These passes will be needed to gain access to the venue throughout the Fair, if an Artist or representative looses their pass they will need to obtain a new one from Reception. These passes will only allow access to representatives who can prove they are helping the Artist. The fairs organiser reserves the right to refuse admission to the venue of any person not in possession of a pass, if it is in the best interest of the Fair. The Artist must provide the Fair Organiser with the names of all their representatives by 14th October 2006.

PARTICIPATION
The artist is obliged to use the space for the duration of the Fair and it is mandatory that they or a representative man the space during the fairs opening hours. Absent artists have been shown not to sell work, and it is in the interest of the artist, and the fair that they take responsibility for manning their stand throughout the show. Buyers are put off by an artist not being present, as they view it as unprofessional and are unlikely to buy.

Because we are a non-for profit organisation and gain sponsorship for artists to show and sell their work at a low price we rely on the artists being there to project the atmosphere and commitment to their professional development to get the most out of the fair. Whilst the fair can provide sales staff, at a cost of £10 per hour, it is the Artists responsibility to be present or provide appropriate cover for him/herself, if you do not intend to commit to this then please consider your application carefully.

To maintain the overall appearance and adhere to the venue's owners no additional lighting, furniture or other equipment shall be used by the artist unless approved in writing by the fair organiser in advance of the event.

ALLOCATION OF SPACE

Space for the Fair will be allocated at the discretion of the Fair organiser, and as such cannot guarantee the precise location of the Artists work.

Special requests concerning location and space requirements will be considered whenever possible but cannot be made a condition of participation or relieve any artist from any payment obligation under this Contract.

The Fair organiser may if necessary, change the location of allotted space. The Artist to whom it has been allotted may only occupy a space.

An artist may not sublet his/her space or any part of it.

An artist may not permit any non-exhibiting person to use for any purpose whatsoever his/her space. The Fair organiser and those authorised by them have the right to enter any part of the Fair venue at any time to execute works, repairs and alterations and for other purposes.

No compensation will be payable to the artist for damage, loss or inconvenience caused except where resulting from a negligent act or negligent omission on the Fair organisers' part.

INDEMNITY
The artist will indemnify the Fair organiser, and hold the Fair organiser harmless, against and from any and all losses, damages, costs and expenses incurred by the Fair organiser that are a result of:

Any claim made in respect of damage to persons and property caused by the Artist, the Artists works, installation, furnishings, exhibits or staff or agents;

Any breach of the terms and conditions of this Contract by the Artist; or any claim for copyright infringement, for which the Fair organiser may be sued or held liable relating to work submitted by or through the artist or any acts or omissions of the artist or its staff or agents in connection with the Fair during the period of occupation or otherwise.

FAILURE TO OCCUPY THE SPACE
An Artist who fails to occupy their space by 5pm on Wednesday 15th Nov 2006 will forfeit his/her right to occupy the space at the Fair. The organiser may then claim full right to that space. In that event, the Artist shall remain liable for the full rental and any additional costs incurred by the Fair organiser.

INSURANCE
Each Artist must effect and maintain adequate public liability. Retain insurance and all other relevant insurance in order to keep himself/herself insured to cover his/her liabilities under this Contract. It's often during loading and unloading that accidents happen.

www.abi.org.uk Association of British Insurers' site with a section on insurance for small businesses.
www.biba.org.uk
online list of insurance brokers (the fairs organisers do not hold any responsibility for any dispute with the organisations suggest, the artist is responsible for making their own decision based on the information given by the insurer). The Fair organiser may at any time at its sole discretion require the Artist to provide a copy of his/her insurance policy.

LIABILITY
The Fair organiser does not exclude its liability (if any) to the Artist:

For personal injury or death resulting from the Fair Organiser's negligence;

For any matter which it would be illegal for the Fair Organiser to exclude or to attempt to exclude its liability;

For fraud.

Subject to the other provisions of the Fair Organiser aggregate liability under this Contract whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct loss howsoever caused (other than for death or personal injury caused by the Fair Organiser and its staff or agents) will be limited to £10,000. Except as otherwise provided in this clause the Fair Organiser will be under no liability to the Artist whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) however caused arising out of or in connection with this Contract including without limitation copyright infringement.

ELECTRICAL SERVICES
The Fair Organiser will use reasonable endeavours to provide common area lighting, but shall not be liable for any loss or damage due to failure or interruption of any service. No Artist is allowed to install their own power connection. Fire, Safety and security regulations must be followed.

MAINTENANCE
The Fair Organiser will be responsible for keeping the common areas clean. Artists will be charged the cost of making good, restoring or renewing in all cases of damage or dilapidation to the venue, such costs to be assessed by the Fair Organiser.

DELIVERY AND HANGING OF EXHIBITS
The Fair Organiser will use reasonable endeavours to ensure sufficient vehicle access to the venue to enable Exhibitors adequate time to curate their space on Weds 8th Nov 2006. Each Artist must curate their own space and is responsible for hanging their artwork. The boards that you will be hanging onto are made of MDF (9mm thick and weigh 30kg per metre). When hanging your works it is best to use ordinary wood screws, nails or picture hooks. There will be no provision for supplying electricity so the artist will need to bring with them manual or battery power tools.

COLLECTION OF WORKS
The production team begins breaking down the exhibition after closing at 5pm on Sunday 12th Nov. The venue's management imposes a fine for running overtime which will which will be passed on to the artist.

FORCE MAJEURE
In the event of abandonment, postponement, extension or limitation of the Fair or use of the Fair venue or any part thereof or removal of any part of the Fair (including but without prejudice to the generality of the foregoing) or abandonment, postponement, extension or limitation or removal of any of the services provided therein resulting from the event of war, fire, national emergency, labour dispute, strike, lockout, civil disturbances, acts of terrorism, inevitable accident, the non-availability of the Fair premises, or any other cause not within the control of the Fair Organiser (Force Majeure Event) the Fair Organiser shall be under no liability to the Artist in respect of any actions, claims, losses including consequential losses (including loss of profits), costs or expenses whatsoever which may be brought or suffered or incurred by the Artist as the result of the happening of a Force Majeure Event. In the event of a Force Majeure Event the Fair Organiser has the right to withhold any payments made and to claim any outstanding payments, and will use its discretion in exercising its right at such a time as a Force Majeure Event occurs.

TERMINATION
Without prejudice to its other rights and remedies, the Fair organiser shall be entitled forthwith to terminate a Contract with an Artist by written notice to the Artist at any time if:

Acceptance to the Fair was based on false or misleading information provided by the Artist;

The Artist fails to comply with these Conditions;

The Artist ceases, or threatens to cease, to carry on business;

If the Fair is cancelled for any reason other than for a Force Majeure.

An Artist may terminate their Contract at any time up to 14th Sept 2006 in which case the Fair Organiser will have the right to retain the Deposit paid on acceptance. An Artist may give written notice to the Fair Management if he/she intends to terminate his/her Contract up to and including 14th Sept 2006.

CONSEQUENCES OF TERMINATION

In the event that the Fair Organiser terminates the Contract with an Artist for any of the reasons set out above, the Artist shall leave the Fair venue as soon as is reasonably practicable, in any event no longer than 12 hours from the receipt of written notice to terminate, removing all exhibits at his/her own expense and the Fair Organiser shall be entitled to reallocate the space to any other Artist and the Fair Organiser will have no further obligation to the Artist.

APPLICABLE LAW
These terms and conditions are governed by and construed in accordance with the laws of England and are governed exclusively by the jurisdiction of the English courts.

DISPUTE RESOLUTION

If any dispute arises in connection with this agreement in the first instance representatives of the parties with authority to settle the dispute will, within 14 days of a written request from one party to the other, meet in a good faith effort to resolve the dispute. If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation. Unless otherwise agreed between the parties, the Independent Theatre Council will nominate the mediator.

To initiate the mediation a party must give notice in writing ("ADR notice") to the other party (ies) to the dispute requesting mediation. The mediation will start not later than 14 days after the date of the ADR notice.

No party may commence any court proceedings / arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.

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