EXHIBITION ENTRY TERMS & CONDITIONS v23A
1. Agreement Acceptance
By submitting Artwork for consideration and/or by paying the entry fee, the Artist acknowledge that they have read, understood, and agreed to abide by these Exhibition Entry Terms & Conditions (Entry Terms).
2. Definitions
In these Entry Terms, capitalised words have the meaning given in clause 16, unless otherwise defined in (bold).
3. Variations
Between each Exhibition, these Entry Terms may change. Please review these Entry Terms each time before submitting work to an Exhibition.
4. Selection and Notification
4.1. Aspire will consider Artwork that has been provided to Aspire through an Entry Form which have been completed, to the satisfaction of Aspire.
4.2. Selection of artwork is at the sole discretion of Aspire.
4.3. Artists whose artworks have been selected will be notified via email.
5. Artwork Preparation and Delivery
5.1. Selected Artists are responsible for ensuring their artworks are ready for display and at a minimum include d-rings and hanging wire.
5.2. Artworks should be securely framed or appropriately prepared for exhibition, as per the Aspire's guidelines.
5.3. Artists are responsible for the cost and arrangement of delivering their Artworks to Aspire by the specified deadlines.
5.4. Any damage or loss of artworks during transit is at the risk of the Artist.
6. Display and Presentation
6.1. Aspire reserves the right to determine the layout, arrangement, and positioning of artworks within the exhibition space.
6.2. Aspire will provide a standard hanging system. If Artwork requires a special hanging or display system, the Artist will provide the special hanging or display system.
6.3. Any specific display requirements or instructions should be communicated to the Aspire in advance.
6.4. If work is delivered to the Aspire and the Aspire deems it unsuitable for hanging, the Aspire may opt to keep the work in storage or request the Artist adjusts the works hanging.
7. Insurance and Liability
7.1. Aspire will take reasonable care in handling and displaying Artworks and the Artist agrees to hold Aspire and its subcontractors harmless for any damage, loss or theft of Artwork exhibited at Aspire.
7.2. Aspire maintains general insurance, however, it is the Artist’s responsibility to insure for loss, damage or otherwise for Artwork left in the possession of Aspire.
7.3. The Artist may opt not to insure their Artwork but that decision is at the sole discretion of the Artist, and the Artist agrees not to make any claim against Aspire’s insurance for loss, damage or otherwise.
8. Copyright:
8.1. By submitting Artwork for the Exhibition, the Artist grants Aspire Art Gallery a non-exclusive, royalty-free, worldwide license to reproduce, display, distribute, and use images of their Artwork for marketing, promotional, and general purposes relating to the promotion of the Aspire and its Exhibitions. This may include, but is not limited to, the use of images in press releases, print and digital advertising, social media, website content, catalogues, and other promotional materials.
8.2. Unless otherwise specified, Artists retain the copyright to their artworks.
9. Sales and Commission:
9.1. During the Exhibition, ownership of the Artwork shall, prior to any sale taking place, be retained by the Artist but consigned to Aspire.
9.2. Upon the sale of Artwork, Aspire will retain the commission and any other administrative costs incurred during the Exhibition such as but not limited to, any relevant EFTPOS, taxes, transaction fees, postal or charges (Charges). Aspire shall provide a summary of the Charges to the Artist.
9.3. Unless otherwise specified, Aspire’s commission is 30% on any sale of Artwork submitted to an Exhibition (Commission).
9.4. If an Artist sells Artwork submitted to an Exhibition via a third party or individually, Aspire requests the Artist advises of that sale and remits the Commission to Aspire within 30 days of the sale.
10. Withdrawal of Artworks:
10.1. Once artworks are accepted for the exhibition, withdrawal requests can only be considered under exceptional circumstances and with prior approval from the Aspire.
10.2. Artists should notify the Aspire as soon as possible if they need to withdraw their artworks.
11. End of Exhibition: At the end of the Exhibition:
11.1. Aspire will nominate a time for unsold Artwork to be collected.
11.2. Any Artwork to be posted by Aspire to the Artist, will be posted in accordance with Aspire’s Postage Policy. The Artist is responsible for all costs involved with postage.
11.3. Coordinate the net payment of any sold Artwork with the Artist (in accordance with Aspire’s Payment Policy.
12. Orphaned Artwork
12.1. The parties agree that any unsold Artwork not collected (or otherwise organised by the Artist with Aspire) will be placed in general storage and incur a storage fee, as set out in Aspire’s Uncollected Storage Policy.
12.2. If unsold Artwork remains uncollected in general storage and the storage fee is greater than the price of the Artwork, Aspire may at its sole discretion, claim the unsold Artwork in leu of payment of the storage fee.
13. Non-disparagement:
13.1. The parties agree not to engage publicly online in any action, verbal or written, that could be reasonably interpreted as derogatory or negative towards each other, their services, or employees, including any subsidiaries or affiliates.
13.2. The parties agree that this clause shall survive the termination of this Agreement.
14. Indemnity
14.1. The Artist agrees to indemnify, defend, and hold harmless Aspire, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Exhibition from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Entry Terms (including negligent or wrongful conduct) by the Artist or any other person accessing the Exhibition.
14.2. This indemnity includes, without limitation, any claims arising out of or in connection to the violation of copyright, trade marks, proprietary rights, and any claims made by third parties arising out of the use and display of the Artwork submitted by the Artist.
15. Termination
15.1. By Aspire. Aspire may terminate this agreement at any time, for any reason, by providing written notice to the Artist. Upon termination, Aspire will return any unsold Artwork to the Artist and will pay any outstanding proceeds from sales of Artwork due to the Artist in accordance with this Agreement.
15.2. By the Artist. The Artist may terminate this agreement at the request by the Artist with the written approval of Aspire. In that request, the Artist must provide a reason, which Aspire may accept at its sole discretion.
15.3. Effect of Termination: Termination of this agreement will not affect any rights or obligations that were intended by their nature to survive termination, including but not limited to clauses related to indemnity, limitation of liability, disparagement and governing law and jurisdiction.
16. Australian Consumer Law
16.1. Nothing in these Entry Terms excludes, restricts or modifies the rights which you have under the Australian Consumer Law. To the maximum extent permitted by law, our liability to you, whether for breach of these rights or any other condition or warranty implied by legislation or otherwise, is limited, at our option to:
16.1.1. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; or
16.1.2. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
16.2. In no event shall our total liability for any and all damages and causes of action exceed the amount paid by you, if any, for accessing the Aspire Art Gallery or entering the Exhibition.
17. Definitions
17.1. Aspire means Aspire Gallery of 53 Kennedy Terrace, Paddington, Queensland, being the business that has organsised the Exhibition.
17.2. Artist means the Artist who is entering the Exhibition and who has filled out the Exhibition Entry Form.
17.3. Artwork means each of those works of art, owned by the Artist, submitted (or intending to be submitted) to an Exhibition through an Entry Form which may be sold or displayed during the Exhibition.
17.4. Exhibition means the exhibition, competition or showing of Artwork details for which are set out in each Entry Form.
17.5. Entry Form means the form available from www.aspiregallery.com.au for a specific Exhibition such as and not limited to Petite Pieces, Footsquare, Solstice, Rustle or the like, which contains:
17.5.1. information about the Exhibition including but not limited to the exhibition dates, application due date, artwork delivery times, artwork collection times, criteria and sizing, costs; and
17.5.2. information submitted by the Artist such as the Artists contact details and the Artwork which they are entering into the Exhibition.
17.6. Entry Terms means these Exhibition Entry Terms & Conditions and the details filled out by the Artist in the Exhibition Entry Form.
17.7. Policies means those policies and protocols available at www.aspiregallery.com.au/policies that Aspire and the Artist agree to abide by for the Exhibition.
18. Eligibility: Artists must be at least 18 years old to enter. If an Artist is under the age of 18, a parent or legal guardian may enter on behalf of the Artist.
19. Interpretation: In this Agreement, unless the contrary intention appears:
19.1. headings are for ease of reference only and do not affect the meaning of this Agreement and do not form part of the clause;
19.2. the singular includes the plural and vice versa and words importing a gender include other genders;
19.3. words used in this Agreement and defined in the dictionary will have the meaning set out in the dictionary. Other grammatical forms of defined words or expressions have corresponding meanings;
19.4. a reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of or schedule or annexure to this Agreement and a reference to this Agreement includes any schedules and annexures attached to this Agreement;
19.5. a reference to a document or agreement, including this Agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;
19.6. a reference to a right includes a benefit, remedy, authority, discretion and power;
19.7. a reference to a Party includes its executors, administrators, successors and permitted assigns and if more than one, includes those persons jointly and each of them severally, their respective executors, administrators and assigns;
19.8. words importing the whole of the matter or thing include a part of the matter or thing;
19.9. words and expressions importing natural persons include partnerships, bodies corporate, associations (whether incorporated or not), firms, joint ventures, trusts, authorities, governments and governmental, semi governmental and local authorities and agencies;
19.10. words and expressions defined in the Corporations Act 2001 (Cth) as at the date of this Agreement have the meanings given to them in the Corporations Act 2001 (Cth) at that date; and
19.11. any provision in this Agreement stating that a Party "must" do something or "must" not do something should be read and construed as an agreement by that Party to do or not to do the matter or thing referred to;
19.12. no provisions (or part of provision) of this Agreement shall be construed against a Party merely because that Party was responsible for drafting same;
19.13. each clause in this Agreement is not, except where expressly provided, limited in meaning or effect by any other clause in this Agreement;
19.14. a reference to writing includes typewriting, printing, lithography, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form.
19.15. any agreement, covenant, obligation, representation, undertaking, indemnity, guarantee or warranty entered into by a Party for or with another person binds them jointly and severally and an agreement, covenant, obligation, representation, undertaking, indemnity, guarantee or warranty in favour of a Party for or with another person is for the benefit of them jointly and severally; a release given to the other person shall not release the Party from any other obligation; and the granting of time or another indulgence to another person will not release the Party of its obligations under this Agreement;
19.16. references to includes or including are illustrative only and shall not, in any way, be construed to limit or reduce the effect of the clause or this Agreement to the examples given.
20. Governing Law. This Agreement is governed by and construed in accordance with the laws of Queensland.
21. Jurisdiction. The parties irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those court, with respect to any proceedings which may be brought at any time relating to this Agreement; and waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within Queensland.
22. Severability. If anything in this Agreement is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then that provision of the Agreement is to be read down, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
23. Further Assurances. Each party will execute such documents, and do all acts and things as are necessary or desirable to give full effect to this Agreement.
24. Entire Agreement. This Agreement (and Policies) constitutes the entire agreement between the parties relative to this Agreement and supersedes all prior understandings, agreements or representations.