Legal Agreement

1. ARTIST agrees to pay ENTRY FEES (Non-refundable Application Fee and Additional Entry Fees): $35 entry fee for up to three (3) images. If chosen for the exhibition, ARTIST agrees to cover the cost of delivery/transportation of artwork both to and from the gallery in Japan.
2. Consignment: The artwork(s) exhibited and/or represented by Gallery of Hermosa, pursuant to this Agreement, are hereinafter collectively referred to as the “ARTWORK” and refers to those artworks submitted by ARTIST to Gallery of Hermosa and accepted by Gallery of Hermosa for exhibition for the duration of the exhibition dates.
3. ARTIST represents and warrants that ARTIST is the creator of the “ARTWORK” and ARTIST has the authority to enter this Agreement with Gallery of Hermosa without the consent of any third party.
4. Gallery of Hermosa will exhibit the "ARTWORK" in an exhibition represented by the Gallery of Hermosa at Creative Space Hayashi, a brick and mortar gallery located in Chigasaki, Japan, and possibly online.
5. In exchange for Gallery of Hermosa’s exhibition of the "ARTWORK," ARTIST grants Gallery of Hermosa the exclusive right to represent ARTIST in the sale of the “ARTWORK” by Gallery of Hermosa.
6. Pricing and Terms of Payment: Gallery of Hermosa shall sell the “ARTWORK” based on pricing listed on ARTIST CaFE listing.
7. The following commission/payment terms will apply to each subject “ARTWORK” sold by Gallery of Hermosa during the exhibit and for a period of 60 days after the end of the exhibit: 50% (payment to ARTIST), 50% (commission to Gallery of Hermosa). Payouts will be based on the net selling price after third-party processing fees if applicable. Gallery of Hermosa and/or Creative Space Hayashi are responsible for collecting and paying applicable sales tax if any.
8. Discounts: Gallery of Hermosa may elect to discount any “ARTWORK” up to ten percent (10%) of the listed price. Payments and Commissions shall be calculated on such discounted price, if any.
9. Commission: During the exhibit, and for a period of 60-days after the exhibit, if ARTIST is contacted by a buyer that established its relationship with ARTIST initially through Gallery of Hermosa, then Gallery of Hermosa shall be entitled to a commission of 50% (fifty percent) of the selling price.
10. Gallery of Hermosa processes sales at the end of the month and ARTIST payments will be distributed after the processing.
11. ARTISTS outside the United States are responsible for any exchange rate charges or bank transfer charges. Please price works accordingly.
12. ARTIST retains ownership of all “ARTWORK” represented by Gallery of Hermosa until such “ARTWORK” is sold, pursuant to the terms of this Agreement, or otherwise. ARTIST retains copyright to all consigned “ARTWORK” in perpetuity, as governed by law. Gallery of Hermosa shall take the steps necessary to ensure that the ARTIST’s notice of copyright is protected and included in all documentation.
13. Gallery of Hermosa will exert all reasonable efforts to close sales of represented “ARTWORK”. ARTIST agrees to provide Gallery of Hermosa, in a timely fashion and upon request, with any necessary documents or information in support of sales.
14. PROMOTION: All entrants grant Gallery of Hermosa and Creative Space Hayashi the right to use or publish images of their work to promote the art exhibits, future calls for entries, videos, or the art gallery. Selected entries may be included in our online gallery, on our Facebook page, Instagram, Google+ page, or other social media sites for the purpose of promoting artists and shows. Artist understands that his/her artwork may be photographed for promotional or other purposes.
15. MODIFICATIONS: All modifications of this Agreement must be in writing and signed by BOTH parties. This Agreement constitutes the entire understanding between Gallery of Hermosa and ARTIST.
16. Gallery of Hermosa and/or Creative Space Hayashi is not responsible for any damage, breakage, need for replacement, or cost associated with any event that may have occurred during transport or unpacking. Every precaution will be taken in handling the entries, but Gallery of Hermosa and/or Creative Space Hayashi assume no liability for any loss or damage to any ARTIST'S work while in our care, custody, or control, before, during, or after the exhibition. Each ARTIST, if they wish, needs to provide their own insurance. PLEASE PACK TO ASSURE YOUR PIECE IS PROTECTED - Gallery of Hermosa and/or Creative Space Hayashi are NOT LIABLE FOR DAMAGE THAT OCCURS DURING SHIPPING TO THE GALLERY OR RETURNS BACK TO THE ARTIST.
17. SHIPPING YOUR WORK: If works are accepted for the brick and mortar show you will be notified. ARTIST is responsible for shipping costs to and from the gallery, Creative Space Hayashi in Chigasaki, Japan.
18. Return shipping labels for "ARTWORK" must be provided by the end of the exhibit. In person pick up is also available. Any "ARTWORK" left at Creative Space Hayashi for more than 14 days after Dates provided is subject to sale or disposal without notification or recourse. Please be aware of when the show finishes and make sure we have your return label.
19. Please DO NOT pack your pieces with popcorn packing material. We will not open boxes containing styrofoam popcorn packing.
20. "ARTWORK" must be ready to hang with a strong wire running across on the back.
21. Gallery of Hermosa and Create Space Hayahshi reserves the right to use discretion in exhibiting or not exhibiting accepted “ARTWORK.”
22. Artists wishing to attend the Opening Reception will be responsible for all their own travel expenses including airfare, meals, accommodations, etc.