Artsfemin is an event organizer promoting female artists to exhibit in exclusive locations (“Organiser”) Organiser is organizing a collective exhibition exclusively to female artists at HUUS Gstaad Hotel on Feb 28 – Mar 1 2020 (“Exhibition”); and Artist has created and owns the Artwork(s) (the “Artwork”) and desires to exhibit and sell the same; Therefore,the parties agree as follows:
- Scope of Agency. The artist appoints the Organiser to act as artist’s exclusive agent in Gstaad, Switzerland for the exhibition and sale of Artwork. This agency shall cover only Artwork submitted by the artist while this agreement is in force. The Organiser shall document receipt of all Artworks consigned.
- Consignment of Inventory.Organiser accepts on consignment, the Artworks listed in the shipping courier Air Way Bill List of Inventory upon receipt of shipment by the Organiser or the Hotel.
- Pricing and Terms of Payment. The Organiser shall sell the Artworks only at the retail price specified on the List of Inventory by the Artist. The Organiser and the artist agree that the Organiser’s commission is to be twenty percent percent of the retail price of the Artwork. Both parties must agree to any change to the retail price or the Organiser’s commission in advance.
- Payment. The Organiser shall pay the artist all proceeds due to the artist within ten working days of sale of any Artwork. No “sales on approval”or “on credit”shall be made without the written consent of the artist.
- Loss or Damage. The Organiser shall be strictly liable for loss or damage to any consigned Artwork from the date of delivery to the Organiser until the Artwork is returned to the artist or delivered to a purchaser. In the event of loss or damage that cannot be restored, the artist shall receive the same amount as if the Artwork had been sold at the retail price. If restoration is suggested or pursued by the Organiser, the artist shall have veto power over the choice of the restorer. The artist shall be responsible for all repairs to Artwork necessitated by artist’s faulty workmanship.
- Insurance.The Organiser shall insure the Artwork for its full wholesale price. In the event an insurance claim is made, the Organiser shall pay all deductibles.
- Transportation of Artwork. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of the Artworks:
- From the artist to Organiser shall be borne by the artist, the Artwork must be delivered to HUUS Gstaad Hotel not earlier or later than Feb 26-27 2020. Artist shall provide courier tracking upon shipment.
- From the Organiser to the buyer shall be borne by the Organiser delivered in the same packing. Orginiser shall provide courier tracking upon shipment.
- Commission. If the artist sells any Artwork directly to a purchaser through contacts established initially through the Organiser in the Event, then the Organiser shall be entitled to a commission of 20% percent of the selling price.
- Promotion. The Organiser shall use its best efforts to promote, display and sell Artworks. The Organiser shall clearly identify the artist’s name with all Artworks and shall include the artist’s name on the bill of sale for any Artwork sold by the Organiser.
- Reproduction. The artist reserves all copyrights to the reproduction of the Artworks except as noted in writing to the contrary. The Organiser may arrange to have the Artworks photographed to publicize and promote the Artworks through means to be agreed by both parties. In every such use, the artist shall be acknowledged as the creator and copyright owner of the Artwork.
- Exhibition Fees and Refund Policy.
- In case the exhibition does not go through or there are any changes in venue or date the Organiser undertakes to refund the full amount paid back to the Artist within one week from announcing a cancelation or changes the Artist is not agreeable with.
- In case the artist changes her mind for other personal reasons, the funds will not be refunded unless the Artist can justify the reason other than changing her mind.
- Payment processing services for exhibitor in artsfemin’s Exhibition are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as an exhibitor with artsfemin, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of [platform name] enabling payment processing services through Stripe, you agree to provide artsfemin accurate and complete information about you and your business, and you authorize artsfemin to share it and transaction information related to your use of the payment processing services provided by Stripe.
- Copyright. The Organiser shall take all steps necessary to insure that the artist’s copyright in the consigned Artworks is protected in the Artist’s name.
- Duration and Termination of Consignment. The artist and the Organiser agree that the term of consignment for the Artwork shall be for the duration of the Exhibition.
- Miscellany. All modifications, deletions or additions to this agreement must be in writing and signed by both parties. This agreement constitutes the entire understanding between the parties hereto.
- Governing Law. This agreement shall be governed by and in accordance with the laws of Switzerland.