Entry Deadline: 2/17/17 Application Closed Number of Applications Allowed: 5
Entry Fee (We, The People): $35.00
Work Sample Requirements Images |
Minimum:Min. 1,
Maximum:Max. 5
Total Samples |
Minimum:Min. 1,
Maximum:Max. 5
Call Type: Exhibitions Eligibility: National State: South Carolina
All mediums accepted. All work must be original and not previously exhibited in the greater the Charleston area. Photos must be framed or gallery wrapped. Wire for hanging, no saw tooth hangers. Tape a label with name and contact information to the back.
All work must be for sale. 40% commission taken on sales. Artist is responsible for shipping both ways. Interested artists should provide 3-5 representative examples of their work, an artist statement, and a $35 non-refundable fee. Please attach a statement that engages in the theme. Accepted artists will be part of a group show. They can display up to 5 pieces. The work will be on display and for sale during the month of March. Artists not accepted for this show will be notified with a brief commentary as to why their work was not chosen. All entries will be saved for future consideration. DATES:Deadline for submission is February 17th. Artists will be notified by 2/20. Work should be delivered on or before 2/27 and picked up by 4/8. There will be an Opening Reception with refreshments on March 10th, from 5-8pm. The art will be showcased from 3/1 to 3/30. Civic leaders of Charleston will be invited. There will be a drum circle for all to join.
Artist-Gallery Representation Agreement
1. This Artist and Gallery Representation Agreement (hereinafter “Agreement”), is by and between___________________________________ hereinafter referred to as “Artist” and FABULON A CENTER FOR ART AND EDUCATION, LLC, a South Carolina limited liability company, hereinafter referred to as “Fabulon” for the time period of We, The People 3/01/2017 (beginning date) until 4/01/2017 (end date).
2. In consideration of the terms and conditions of this Agreement, and in further consideration of the mutual promises, covenants and representations hereinafter set forth, the receipt and sufficiency of such consideration being acknowledged by the parties, the Artist and Fabulon hereby agree as follows:
3. Artist shall exclusively provide to Fabulon for display and sale the Artwork items (the “Artwork”) attached hereto and incorporated herein by reference.
4. Fabulon shall provide the Artist the following services:
• Management and sales staff for Fabulon as determined in Fabulon’s sole discretion.
• Collection of monies on the Artist’s behalf by sale of Artist’s Artwork and merchandise and applicable sales tax for a 40% commission for all monies collected.
• Accounting on a monthly basis for all Artwork and merchandise sold on the Artist’s behalf by Fabulon and to remit to the Artist those monies after the deduction of Fabulon’s 40% commission and the applicable sales taxes.
• Maintenance of a quality art gallery establishment as determined by Fabulon in its sole discretion.
• Advertisement and promotion through Fabulon via social media and various local media as determined by Fabulon in its sole discretion.
• Maintenance of reasonable business hours excluding holidays as determined by Fabulon in its sole discretion.
5. Fabulon shall receive 40% commission for all monies received due to the sale of the Artist’s merchandise and Artwork by Fabulon pursuant to this Agreement even if the sale originates outside the Fabulon gallery, including, but not limited to, sales procured through the internet and any sale occurring 60 days from close of show.
6. Artist shall not close a sale outside of Fabulon on any Artwork that is subject to this Agreement without payment of a 40% commission to Fabulon.
7. Fabulon may offset any monies due to the Artist as referenced above for sales tax and commission arising from the sale of Artist’s merchandise and/or Artwork.
8. Artist shall sell only merchandise and Artwork consistent with the Artist’s original prospectus unless approved in writing by Fabulon in its sole discretion.
9. Artist shall not knowingly misrepresent the ownership, quality or character of any merchandise or Artwork.
10. Fabulon shall be the exclusive authorized sales representative for the Artist’s Artwork which is subject to this Agreement, and Fabulon is authorized by Artist to sell Artist’s Artwork and to execute such reasonable documentation necessary to consummate any such sales.
11. Artist hereby warrants and represents that he/she created and possesses unencumbered title to the Artwork, and that the descriptions of the Artwork are true and accurate.
12. Fabulon shall not be responsible for providing insurance for the Artist’s benefit for any purpose and agrees that Fabulon shall not be responsible to indemnify or protect the vendor Artist from claims, actions, causes of action, liabilities, damages, injuries or losses of any type or manner.
13. LIMIT OF LIABILITY: In the event that Fabulon, its owners, members, agents or employees are found liable to Artist for any claims, losses or damages resulting from a failure to perform any of their obligations, including, but not limited to, breach of contract, negligence, or any other legal or equitable duties or claims, then the liability of Fabulon, its owners, members, agents or employees shall be limited to no more than $500.00. In no event shall Fabulon, its owners, members, agents or employees be liable to Artist for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or in connection with this Agreement or the sale or promotion of the Artwork.
14. Artist shall hold Fabulon harmless, indemnify, defend and release Fabulon from liability for any claims or losses to Artist caused by fire, wind, water, burglary, theft, robbery, shoplifting, breakage, and personal injury.
15. Artist shall indemnify, defend and hold Fabulon harmless for and from any and all claims, causes of action and actions which arise from Artist’s breach of this Agreement or are caused, directly or indirectly by Artist or Artist’s merchandise or Artwork, including but not limited to claims, causes of action and action for damages, injuries, losses, frauds, breach of contract, fines, and all tort claims of any nature whatsoever.
16. Artist shall submit Artwork to Fabulon in “hang ready” condition specifically wired with a title adhered to work. Work arriving with saw tooth or other hangers may not be displayed. Photos must be framed or gallery wrapped.
17. Artist shall provide accurate, written and electronic copies of biographies, Artist’s statements, and tags as needed.
18. Fabulon shall be responsible for installation and display of Artwork in its sole discretion.
19. Fabulon shall not lend out, remove from the premises, or sell on approval any of the Artwork, without first obtaining written permission from the Artist.
20. All items of Artwork and Artist’s merchandise shall remain the property of the Artist until sold.
21. In the event Fabulon holds a show featuring the Artwork, all items of Artwork and Artist’s merchandise shall remain on display until the show has closed, even if an item of Artwork is sold during the show.
22. Fabulon shall have the right to terminate this Agreement by providing the other party thirty (30) days written notice.
23. Fabulon shall have a lien on all Artwork and Artist’s merchandise to the extent of any non-paid commissions due Fabulon arising pursuant to this Agreement.
24. This Agreement contains full and complete agreement between the parties and may not be modified except in writing approved by both parties to this Agreement. This Agreement shall be binding on the heirs, executors, administrators, successors and permitted assigns of the parties. Fabulon shall be permitted to assign this Agreement upon notice to Artist; Artist shall not be permitted to assign this Agreement without the written consent of Fabulon in its sole discretion. This Agreement shall not be interpreted in favor or against a party due to draftsmanship as both parties equally contributed to the drafting of this Agreement. In the event of litigation arising from this Agreement, the sole and exclusive venue and jurisdiction for any such litigation shall be either the federal district court or state court of common pleas located in Charleston County, South Carolina.
25. In the event Fabulon institutes a proceeding or lawsuit to enforce any part of this Agreement and Fabulon is the prevailing party, it shall be entitled to reasonable attorney's fees in addition to any available legal or equitable remedy. 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 of this Agreement. 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
26. This Agreement shall be governed by the laws of the State of South Carolina.
