General Rules and Terms

Sales and Recognition: Should your work(s) sell, Northwind Art will pay you a wholesale price equal to 50% of the retail selling price. Should your work sell, you agree to complete a W9 upon request. Northwind Art reserves the right to use art images for the purpose of promotion and marketing. Price is set at the time of submission. For this exhibit only, purchased art can be picked up anytime after 4 pm, Sunday, November 5, 2023.

Conditions of Delivery: All artwork must be delivered in person for jurying. All hanging artwork should be suitably framed or wrapped canvas and ready to hang, preferably with wire. Sawtooth hangers may be used on small works. If art is not suitably hanging- or display-ready, we will ask you to do so at time of delivery. Northwind Art is not liable for damage to works on paper that do not have surface protection. 

Agreement and Liability: Submission of the artwork shall constitute an agreement on the part of the artist to comply with the conditions set forth in this prospectus, including the following: I hereby release and discharge the officers, employees, and volunteers of Northwind Art from any and all claims occasioned by damage or loss of said artwork while in possession of Northwind Art. No work accepted for this exhibition may be withdrawn prior to the close of the exhibition unless agreed to by the Exhibits Director. Permission to reproduce the artwork for publicity purposes and for educational purposes is granted.

The Fine Print

Agency; Purposes. The Artist appoints Northwind Art (NA) as agent for the works of art (“the Artworks”) consigned under this Agreement, for the purposes of exhibition and sale in NA galleries and online, during the period of the exhibition.

Warranty. The Artist hereby warrants that they created and possess unencumbered title to the Artworks and that their descriptions are true and accurate.

Duration of Exhibition. The Artist and NA agree that the term of exhibit for the Artworks is to begin on November 4, 2023, and end on December 31, 2023. Additionally, the Artist agrees that they do not intend to request their return before the end of this term.

Transportation Responsibilities. Delivery to NA and risk of loss or damage incurred in the delivery of Artworks from the Artist to NA, and in their return to the Artist, shall be the responsibility of the Artist. The Artist agrees to abide by the drop-off and pick-up times for this exhibit to the best of their ability and in good faith.

Responsibility for Loss or Damage, Insurance Coverage. The Artist is encouraged to self-insure her/his/their Artworks. However, NA is insured for catastrophic damage to, theft, or loss of the Artworks, while the Artworks are exhibited or stored in NA’s Galleries. Any claims on lost or damaged Artworks must be based solely on their published retail selling price as provided in the submission process. NA galleries are locked facilities when not staffed, and all reasonable precautions are taken during open hours, and while the galleries are closed.

Removal from NA premises. Neither NA nor the Artist shall lend out or remove from the NA premises any of the artworks during the term of the exhibition unless sold within the specified time.

Fiduciary Responsibilities. Title to each of the Artworks remains with the Artist until the Artist has been paid the full amount owing her/him/them for the Artworks; title then passes directly to the purchaser, with the exception of copyright ownership and all reproduction rights, which remain with the Artist. All proceeds from the sale of the artworks shall be held in trust for the Artist. NA shall pay all amounts due the Artist before any proceeds of sales can be made available to creditors of NA.

Pricing; Terms of Payment. NA shall sell the Artworks as specified by submission. NA and the Artist agree that should the Artwork(s) sell; NA will pay the Artist a wholesale price equal to 50% of the retail selling price as submitted during application for this call. NA will collect and pay Washington Sales Tax. Payment to the Artist shall be made by NA within 30 days from the end date of Exhibit, or monthly, whichever comes first. NA assumes full risk for failure to pay on the part of any purchaser to whom it has sold an Artwork. 

Promotion. NA shall use its best efforts to promote the Exhibition of the Artworks. NA agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the exhibit's behalf. NA shall clearly identify all Artworks with the Artist’s name, title, medium, dimensions, and Artist’s city of residence.

Accounting. The Artist shall have the right to inventory his or her Artworks in NA and to inspect any books and records pertaining to sales of the Artworks.

Sales outside of NA exhibit. The Artist agrees not to sell the Artwork(s) listed in this Agreement independent of NA through the duration of this exhibit.

Copyrights. The Artist retains all copyright ownership and all reproduction rights to the Artworks. All Artworks are signed and provided with affixed copyright.

Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either NA or the Artist, by means of written notification of termination from either party to the other. In the event of the Artist’s death, the family or estate of the Artist shall have the right to terminate the agreement. Within thirty days of the notification of termination, all accounts shall be settled, and all unsold Artworks shall be returned by NA. 

Miscellany. This Agreement represents the entire agreement between the Artist and NA. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of NA, whether by operation of law or otherwise, without the prior written consent of the Artist.

Choice of Law. Governed by the law of the State of Washington.

Binding Arbitration. Any disagreement between the Artist and NA that cannot be resolved by them shall be resolved by binding arbitration. A single arbitrator shall be chosen from a list of three obtained from the Superior Court Judge of Jefferson County. Each party shall strike one name from the list, and the remaining name shall be the arbitrator. The division of costs of the arbitration shall be determined by the arbitrator.