TERMS AND CONDITIONS AGREEMENT
By submitting application information, checking the “I Agree” checkbox at the time of submitting your application and/or executing this agreement, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions of this agreement (as amended from time to time by design art concepts in their sole and absolute discretion) if you do not wish to be bound by this agreement, do not indicate your acceptance and do not apply for ‘The Water Between Us’ art exhibition. By continuing and applying for ‘The Water Between Us’ organized by design art concepts following a change to this agreement, you are accepting and agreeing to the change.
By accepting the terms and agreement by checking the "I Agree" checkbox upon application, you are committed to a legally binding agreement with design art concepts llc and agree to the terms laid out in this contract in regards to ‘The Water Between Us’ Miami Art Week 2018. All payments made are non-refundable.
This is an agreement between you (the Exhibitor) and design art concepts as registered limited company name (the Organizer), by which we (d | a | c and Cocoon Limited) carry out all the arrangements related to this contract on the following terms agreed by you:
1.1 ‘The Water Between Us’ is open to all artists worldwide.
1.2 Entries must be the original unaided work of the entrant.
1.3 All online entries are subject to an entry and selection process.
1.4 Work will be considered using the following criteria - artistic sensitivity, technical skill, originality, visual impact and content.
1.6 All payments made are non-refundable.
1.7 The jury decision is final and no correspondence will be entered into.
1.8 The organization reserve the right to publish reproductions of the entries in the press, on television or on their websites for promotional purposes. The artist retains copyright to the artwork.
1.9 An independent judging panel will be comprised of independent arts specialists.
1.10 By submitting information, checking the “I Agree” checkbox at the time of submitting your entry of exhibition and/or executing this agreement, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions of this agreement (as amended from time to time by the Organizer design art concepts in their sole and absolute discretion) if you do not wish to be bound by this agreement, do not indicate your acceptance and do not submit application. By continuing and submitting whether for exhibition, being part as a guest or as a partner following a change to this agreement, you are accepting and agreeing to the change.
By accepting the terms and agreement by checking the "I Agree" checkbox upon application, you are committed to a legally binding agreement with design art concepts and agree to the terms laid out in this contract in regards to ‘The Water Between Us’ Miami Art Week 2018. Payments made are non-refundable.
All payments made are non-refundable, including all fees, exhibition fees, promotional fees and booking seats/tables.
1.11 The Organizer has the right to modify any details and information of the event, including dates of the event and details on the website. The Organizer cannot be held liable when any modifications and or changes of event details and of website information (even through the cause of third party) have occurred.
1.12 Deadline : 31st of October 2018 (might close sooner due to limited availability) All payments made are non-refundable.
1.13 Exhibition is a temporary display in the “Rail Too” and gives exhibitors opportunity to engage with the high-society of locals and further afield.
1.14 Commission is 30% on sold artworks during the event. A professional Sales Representative will process the payments, and your earnings will be paid out within 30 days of the event.
1.15 APPLICATION AND SELECTION - The Organizer, with the help of an advisory committee, will select artists for the showcase. The advisory committee studies all applications for ‘The Water Between Us’ and reserves the right to approve or not approve the artist.
2.1 The artist should ship works. Attendance in person is not required.
2.2 The artist agrees to ship artworks accordingly and insure for all circumstances. If artwork remains unsold the artwork will be shipped back by organizers, and artist must issue the organizer of the return shipping label. The Organizer or third parties cannot be held liable for any damage cause or loss of property.
2.3 Please note that there is a one-off registration fee of $ 25 USD, once you get accepted the $ 25 USD registration fee will be deducted from your total booking fee.
2.4 The successful artists who are approved for exhibiting will be notified by email, and a payment request shall be sent to them by email to secure their place in the exhibition. If the payment fails to be made within the given timeframe, the Organizers have the right to assign the exhibiting space to another applicant.
3.1’The Water Between Us’'s organizer, partners and third parties shall not be held liable for any expenses incurred, nor for any accidents, damages or theft that might happen on the premises of the event, where ‘ The Water Between Us’ art exhibition will be held.
3.2 Exhibitors are responsible for third party liability risks and have to be insured against third party liability risks.
3.3 The organizer is not responsible for damage arising at the event caused by the public, exhibitors, contractors, volunteers or third party and cannot be held liable. Entering the venue and exhibition space to visit/exhibit is at own risk.
3.4 The Organizers cannot be held responsible for any loss, theft or damage to artists work or personal possessions. Any claims for personal injury or damage to property by third parties or employees cannot be made to the organizers or third party.
4.1 You will be exhibiting in a secure environment, however both venue and the Organizer are unable to accept responsibility for lost or damaged works, and/or personal injury.
4.2 Security staff will be on duty throughout the period of tenancy of the Event but shall be under no liability for loss, damage or theft.
5.1 Payments are non-refundable. If the artist cancel their participation no refund will be issued.
5.2 Any payments made that are coming short due to currency conversion, will have to be paid before exhibition to be able to take part unless otherwise is agreed. Artists will be notified about this in advance.
5.3 The Artist agrees that all exhibit fees related to exhibiting at the Event, or any other amounts owed to the Organizer, must be paid to the Organizer prior to the Artist’s setting up at the Event and before the payment deadline. In the event that the Artist fails to pay any or all such fees in accordance with payment deadlines, the Organizer reserves the right to cancel the Artist’s Space. In the event that Artist pays the exhibit fees after such reassignment, the Organizer may, in its sole discretion, if then available, which the Organizer deems appropriate. The Artist remains liable for payment of all previously agreed fees.
5.4 Any other costs involved are the responsibility of the exhibitor, such as materials, packaging artwork, accommodation, flights, transport, insurance, printing of limited edition artwork, and other costs that might be needed.
6.0 GENERAL CONDITIONS
6.1 Artists are allowed to ship or post artworks to the event address upon agreement and approval from the board, on our strict rules.
6.2 The organizer does not take any responsibility for artworks that arrive before dates and times of the event at the venue or artworks that are left after the show.
6.3 Tobacco is not allowed to be consumed at venue.
6.4 The Organizer will not tolerate any inappropriate behavior and have the right to remove you from the event at any time.
6.5 Neither party will be responsible for compensating the other if they fail to meet their obligations because of circumstances outside their reasonable control.
6.6 Artists are not allowed to access any other territorial spaces at the venue apart from the public exhibitors space, unless otherwise agreed.
6.7 Visitors and artists enter the ‘The Water Between Us’ Art Exhibition by design art concepts is at own risk.
6.8 The Organizer sets the Terms and Conditions, also the place, the duration, the dates, the opening hours.
6.9 The Organizer has the right to modify any details and information of the event, including details on the website. The Organizer cannot be held liable when any modifications and or changes of event details and of website information (even through the cause of third party) have occurred.
6.10 Each artist agrees to respect and make sure that all Conditions of ‘The Water Between Us’ will be respected.
6.11 In case of a dispute regarding the interpretation or execution of the Conditions, the organizer and the artist will do their best efforts to solve the dispute amicably and communicate all necessary information. If the dispute cannot be resolved within two weeks, the Organizers can apply to courts. State of Florida law will apply.
6.12 The building has been adapted for wheelchair access. Please notify us in advance of any special needs and we will endeavor to help.
6.13 The Organizers shall be entitled to use and reproduce the Artist’s name, trademark or logo in connection with the promotion and production of the Event.
6.14 The Organizers will be responsible at all times for the control of the Event area. These Terms and Conditions shall be construed in accordance. Should any question arise that is not provided for within the foregoing Terms and Conditions, the Organizers undertake to give the fullest sympathetic consideration to the interests of the Artist. Their decision must be accepted as final where the requirements for the correct conduct of the Event make an immediate decision imperative, subject always to the proviso that matters in dispute may be referred to an independent arbitrator at the request of either side. The Artist must comply with any regulation or requirements imposed on the Organizers, by the conference centre, the local authorities or any other competent authority.
6.15 Any issues or concerns regarding to ‘The Water Between Us’ Art Exhibition event, should be corresponded directly to the Organizer and not with any other parties. Issues or concerns should be corresponded to the Organizers team on the day of occurrence. Any issues reported afterwards cannot be taken in consideration.
6.16 The organizer accepts no liability for any inaccuracies or omissions on ‘The Water Between Us’ Art Exhibition and Organizer websites and any decisions based on information contained in this website are the sole responsibility of the visitor.
6.17 The organization and third parties cannot be held liable for any reason(s) to receive refund of payment made by artist, helper or visitor. Any payments made to the organization are non-refundable. For any issues regarding to the exhibition should be addresses to the organizers on the day of occurrence for investigation and will be sorted there and then.
6.18 The organization and third parties cannot be held liable if exhibitor, helper or visitor suffers from distress due to climate and or temperature throughout the exhibition. Either inside the building and/or outside.
6.19 The organization and third parties cannot be held liable for any sudden and/or unexpected disruption at moment of exhibition causing lack of visitors, sales, attendance of any kind.
6.20 The organization and third parties cannot be held liable for any health/safety issues occurring on the premises of exhibition under any circumstances.
6.21 The organization and third parties wishes to work towards professional standards. Any issues should be directed to the organization in private on the day of occurrence. Any unacceptable behavior, and/or causing havoc or disturbance of any kind to organization, third party, other exhibitors or visitors will be removed from the premises, and will await a penalty fine. We have the right to call the police and/or security to remove exhibitors.
6.22 A booking is only confirmed once the submission been officially accepted by curators and payment has been received in full by the artist.
7.1 The artist is responsible to insure their own work and public liability insurance.
7.2 The artist is responsible for own insurance (theft and damage) of their artworks, public liability, third party. The artist is responsible for all costs and insurances including transportation, set up, materials, throughout the duration of the event. The artist is responsible for, accommodation, travel insurance, insurance (and costs included) of their artworks to, and from the showcase venue, and throughout the exhibition. The exhibitor agrees to hang their own work, and is responsible for hanging and taking down securely. Any damages or accidents that happen at this procedure or throughout the exhibition are the responsibility of the exhibitor. the Organizer or Third Party cannot be held liable.
7.3 Exhibitors are responsible for third party liability risks and have to be insured against third party liability risks.
7.4 The Organizer is not responsible for damage arising at the event caused by the public, artists, contractors, volunteers or third party and cannot be held liable.
7.5 Artists are strongly advised to make their own insurance arrangements. We accept no responsibility for stolen work during the fair as you are deemed responsible for it for the entirety of the fair.
7.6 The Organizers do not accept responsibility for any theft, loss or damage from any cause whatsoever, in respect of any property brought to the Event premises by the Artist. The Artist releases from and indemnifies the Organizers against any liabilities in respect of any loss or damage to the exhibits or any other property brought to the Venue and the Artist shall effect insurance on a full ‘All Risks’ basis for a sum insured equivalent to the full value of all exhibits and other property brought to the Event.
7.7 The Organizer and third parties cannot be held liable for any (accidental) damages, theft, loss, expenses, unforeseen fees by the artist such as transport, storage, accommodation, framing, hanging material, art supplies, parking, flight costs, hotel stay, postage costs, and other unforeseen costs for the artist, throughout the exhibition, before exhibition, whilst in transit, whilst in storage, at pre-gatherings and/or after-parties.
8.0 DELIVERY OF ARTWORKS & HANGING ARTWORKS - THE EXHIBITION
8.1 Our staff will be on charge of installing artworks. Any accidental damages that happen while hanging, taking down or throughout the exhibition is the full responsibility of the artists. The artists are responsible for their own full insurance. The Organizer and/or the venue or ‘The Water Between Us’ or any of their partners and sponsors cannot be held liable for any accidental damages that occur on the premises, in transit or in storage. It is the artists responsibility to insure the artworks for the duration of the exhibition, transportation, storage and theft or any other damages. We strongly advice to insure against (theft and damage) and public liability and third party. The Organizer cannot be held liable for any loss or damage that occurs on the premises, storage or in transit. And will not be held liable for third party liability risks.
8.2 All Artworks must be ready to hang and stretched or framed.
8.3 Exhibitors will drop off or ship/post the Artworks to the venue when the organization notifies.
8.4 After the exhibition the exhibitors must prepare shipping back / postage stamp/delivery and/or Organizer are not responsible of artworks left.
9.0 POSTPONEMENT OR ABANDONMENT
9.1 The Artists shall have no claim against the Organizers in respect of any loss or damage consequential upon the prevention, postponement or abandonment of the Event, or of the Event building becoming wholly or partially unavailable for the holding of the Event by reason of happenings of any of the events being beyond the Organizers control.
10.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way.
11.0 NO WAIVER
11.1 No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12.0 DISPUTE RESOLUTION
12.1 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
13.0 FORCE MAJEURE
13.1 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, and cannot be held liable for unexpected or uncontrollable events, including power cuts, strikes of our own employees, or weather affecting circumstances.
14.0 GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions and any contract included shall be governed by the laws of the State of Florida.
15.0 FINAL STIPULATION
15.1 The Organizers are entitled to undertake, without notice of default and without judicial mediation, at the expense of the Participant, one or more of the following measures against any Participant acting in violation of the stipulations of the ‘Terms and Conditions of Participation’ or refusing to abide by instructions issued by or on behalf of the Organizers: - to deny the person in question access to the Exhibition by the Organizer with immediate effect; to have his/her stand closed and/or cleared; to retain the exhibited works; without entitling the Participant to claim any restitution or compensation for damages.
15.2 The Organizers bear no liability for damages for any cause whatsoever to artworks or persons incurred as a result of or in connection with participation in The Exhibition.
15.3 If at any time after entering into the Participation Agreement, the Organizers have well-founded reasons to fear that participation in The Exhibition might be the cause of harm, in any way, to the Organizers, The Exhibition or other Participants, the Organizers are entitled to dissolve the Participation Agreement. The Participant, in this event, remains entirely liable for the full Participation Costs as well as other expenses incurred by the Organizers at his/her request in connection with his/her participation.
15.4 Organizers are not liable for the non-fulfilment, in whole or in part, of commitments related to participation in ‘The Water Between Us’ Art Exhibition as a result of Force Majeure.
15.5 Please make note, that the number of artists selected to exhibit physical artworks is limited to the space of the exhibiting space allocated for the event. All successful applicants exhibitng, will be featured in the Official Catalogue.