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being withdrawn by the fair organiser.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):
Commission Breakdown Example (payment made using cash or cheque):
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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