Legal Agreement for Anonymous Society's Flat File Project
This Legal Agreement ("Agreement") is entered into between the Artist (which is anyone entering the call with original artwork) and Anonymous Society ("Gallery") and CAFE, collectively referred to as the "Parties."
1. Artist Eligibility and Representation 1.1 The Artist must be at least 18 years old and possess full legal capacity to enter into this Agreement. 1.2 The Artist represents and warrants that they are the creator of the original artwork submitted, the sole owner of all rights, and that the artwork does not infringe any copyright or other rights. 1.3 The Artist affirms that entering this Agreement does not violate any other agreements or obligations. 1.4 The Artist agrees to indemnify and hold harmless the Gallery against any claims arising from a breach of these warranties.
2. Agreement to Terms 2.1 By applying to the Call For Entry ("Call"), the Artist agrees to abide by all terms and conditions outlined in this Agreement and those in the Call application/prospectus.
3. Application and Submission 3.1 Once submitted, applications cannot be altered. 3.2 Artists must not submit images of previously exhibited artwork at the Gallery. 3.3 Prior acceptance into Gallery shows does not guarantee future acceptance.
4. Selection and Exhibition 4.1 Artwork selection will be based on submitted digital images, and the decision of the Jurors and Curators is final and binding. 4.2 Jurors and Curators reserve the right to withhold entry and provide no feedback to Artists.
5. Payments and Refunds 5.1 Payment for submissions is non-refundable, in part or in whole. 5.2 Payments must be made following the procedures specified in the Call application/prospectus.
6. Artwork Preparation and Installation 6.1 All artwork must be professionally finished and ready for flat file storage as well as for easy shipment upon purchase. 6.2 Additional requirements for artwork presentation may be specified in the Call application/prospectus.
7. Liability and Insurance 7.1 The Gallery will take reasonable precautions to safeguard artwork but is not liable for loss or damage. 7.2 Artists are responsible for insuring their artwork during shipping and while in the Gallery’s custody. 7.3 The Artist agrees to hold the Gallery harmless from any third-party claims or demands arising from or related to the artwork.
8. Shipping Responsibilities 8.1 Artists are responsible for all shipping costs to and from the Gallery. 8.2 Preferred shipping methods are FedEx and UPS, with a prepaid return label included. 8.3 Artwork without a prepaid return label will be considered abandoned and may be donated at the end of the project. 8.4 All work purchased and shipped will be at the expense of the Gallery and Buyer.
9. Disputes and Grievances 9.1 In case of disputes related to the selection, condition, delivery, or other exhibition-related issues, the Gallery and/or CAFE may terminate the submission and withdraw the artwork without liability or penalty. 9.2 No outside mediation will be permitted, and no refunds or remuneration will be provided.
10. Acts of Nature and Technology Failures 10.1 The Gallery is not liable for Acts of Nature or technology failures affecting the application, jurying, notification, costs, or shipping processes. 10.2 No refunds or remuneration will be granted in these circumstances.
11. Sales and Commissions 11.1 Artists will receive 50% commission of the final sale price. 11.2 Payment to the Artist will be made 30 to 45 days after the Gallery receives full payment from the Buyer. 11.3 Artwork will be shipped promptly to the buyer from the Gallery.
12. Rights and Permissions 12.1 Artists retain all rights to their submitted artwork. 12.2 The Gallery is granted rights to use selected images and data (such as the Artist's name) for promotional, marketing, archival purposes, and on social media. 12.3 Artists permit the Gallery to photograph their artwork for promotional and related activities.
