Work Sample Requirements Images |
Minimum:Min. 1,
Maximum:Max. 5
Audio |
Minimum:Min. 0,
Maximum:Max. 3
Video |
Minimum:Min. 0,
Maximum:Max. 3
Total Samples |
Minimum:Min. 1,
Maximum:Max. 5
Call Type: Exhibitions Eligibility: National State: South Carolina
National call, open to all artists 18 and older. All media shall be considered.
This will be the third version of a show Fabulon hosts about the significant and symbolic transitions of summer’s end. Each year in late August, artists regroup after vacation adventures to show recent work and commemorate the new gallery season. Between year one and two we saw fewer scenes of the sun fading on the beach and the last of the vine ripe tomatoes to portrayals of the feelings that the changing seasons evoke, gathering indoors and hunkering down for winter.
This year we seek deep themes of transition and the passage of time. For some it is a new beginning associated with starting school, but for others it is bittersweet evidence that children are growing up and venturing out.
What conjures up a sense of nostalgia? What have you lost? What do you hold most dear? For what do you long?
Send up to five images that reflect this theme. We will choose up to three for the exhibit and sale. Artists must send a statement connecting their work to the theme.
All work must be for sale. The gallery receives 40% of the sale. Artist is responsible for delivery and pick up of artwork. Artwork may be brought to the gallery in person Monday through Friday 10-5pm, or shipped with shipping labels both ways.
Artwork must be in hang ready condition with wire method only, no sawtooth hangers will be accepted. Each piece must have a label firmly affixed to the back, stating name, title, and contact information. Artwork must have been created within the last 2 years, not derived from copywrited images, and not created under the direction of an instructor.
Deadline for submission is 7/10/17, artists will be notified by 7/17/17.
Work must arrive by 8/5/17. Work will be on display from 8/14/17 through 10/06/17. Artists’ Reception on 8/26/17 5:00-8:00pm.
ARTIST AND GALLERY AGREEMENT
THIS ARTIST AND GALLERY AGREEMENT, executed on this 1st day of May, 2017 (“Execution Date”) by and between ______________________, a South Carolina resident/company/corporation (hereinafter the “Artist”) and Fabulon A Center for Art and Education, LLC, a South Carolina limited liability company (hereinafter “Fabulon”). Artist and Fabulon may be individually referred to as a “Party” and collectively referred to as the “Parties.” End date: 8th day of October, 2017.
RECITALS
WHEREAS, Artist has produced Artwork detailed in the attached Exhibit A, Record of Consignment (the “Artwork”); and
WHEREAS, Artist desires to have his or her Artwork placed with Fabulon in its Gallery (“Gallery”) for sale and Fabulon agrees to place Artist’s Artwork in its Gallery for purchase.
NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows:
ARTICLE I
SCOPE OF SERVICES
A. Exclusive. Artist shall exclusively provide to Fabulon for display and sale the Artwork as listed in Exhibit A, Record of Consignment, attached hereto and hereby incorporated by reference. Furthermore, Exhibit A may be amended with the written consent of the Parties. This is a consignment relationship between the Parties and therefore, all items of Artwork and Artist’s merchandise shall remain the property of the Artist until sold.
B. Services. Fabulon shall provide the Artist the following services:
1. Artist’s Approval. 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.
2. Collections. Fabulon shall collect all proceeds on the Artist’s behalf for any purchases of Artist’s Artwork and merchandise.
3. Accounting. Fabulon will keep an accounting on a monthly basis for all Artwork and merchandise sold on the Artist’s behalf by Fabulon, including deducted Commissions (defined herein), taxes, credit processing fees, and any other agreed upon expenses by the Parties.
ARTICLE II
COMPENSATION
Fabulon will receive a commission in the amount of Forty (40%) percent of the purchase price of the Artwork (“Commission”). Such Commission will be deducted by Fabulon after the sale, and prior to remitting proceeds of the sale to Artist. Further, in the event the sale of the Artwork occurs outside of a transaction with Fabulon, the Commission that would have been due to Fabulon will still be due in full to Fabulon. In the event the sale is a trade of artwork between two or more artists, regardless if represented by Fabulon, any Commission that would have been due to Fabulon for the sale of any of the artwork involved in the transaction, will still be due, in full to Fabulon. Fabulon agrees to sell the Artist’s Artwork at the retail price(s) shown on the Record of Consignment, subject to the Gallery’s right to make customary trade discounts to select purchasers such as museums and collectors, if applicable.
ARTICLE III
TERMS AND TERMINATION
A. Term. This Agreement shall be for a term of ____ years/months (Term).
B. Renewal. This Agreement will automatically renew for another Term (“Renewal Term”), unless either Party provides written notice no less than thirty (30) days prior to the termination of the Term its desire not to renew, for a total of _________ Renewal Terms. If the Artist is granted a solo show, then this Agreement shall renew automatically for a new Term from the date of the solo show.
C. Termination. This Agreement may be terminated by either Party, if the other Party breaches any warranty or representation herein, provided the terminating-Party provides written notice no less than thirty (30) days prior to the termination.
D. Return of Artwork. At termination, all Artwork consigned shall immediately be returned to the Artist, less any added fixtures and frame(s) provided by Fabulon.
ARTICLE IV
EXHIBITIONS
A. Installation. Fabulon may install and/or assist in the display of the Artwork in the Gallery, in its sole discretion. 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 at the discretion of Fabulon.
B. Marketing. Fabulon shall advertise and promote the Artwork through Fabulon’s social media and various local media as determined by Fabulon in its sole discretion, without Artist’s approval.
C. Expenses. Each Party is responsible for its own expenses. Fabulon will incur expenses regarding the Exhibition and Marketing. Artist is responsible for its own shipping of the Artwork. No shared expenses shall be incurred by either Party unless there is prior written consent by both Parties as to the amount of the expense.
ARTICLE V
INSURANCE, LOSS, OR DAMAGE
Fabulon shall not insure the Artwork. It is the Artist’s responsibility to procure proper insurance to cover its work, and place Fabulon under its coverage. However, Fabulon shall use its best efforts in the safekeeping of all Artwork. Fabulon shall not be liable for loss of or damage to any Artwork from the date of delivery to the Gallery until the work is returned to the Artist or delivered to a Purchaser.
ARTICLE VI
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 Five Hundred and NO/100 ($500.00) Dollars as liquidated damages, and this is Artist’s sole remedy. In no event shall Fabulon, its owners, members, agents or employees be liable to Artist for any indirect, special, treble, incidental, consequential, exemplary or punitive damages arising from or in connection with this Agreement or the sale or promotion of the Artwork.
ARTICLE VII
INDEMINFICATION
Artist shall indemnify, defend and hold Fabulon, its owners, members, agents, or employees 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, infringement, and all tort claims of any nature whatsoever.
ARTICLE VIII
COPYRIGHT
Fabulon shall take all reasonable steps necessary to insure that the Artist’s copyright of the consigned works is protected. However, the ultimate responsibility for copyright protection for the Artwork is the Artist’s. In the event of the purchase of any Artwork, title shall pass directly from the Artist to the Purchaser, provided Purchaser executes Artist’s purchase agreement, if required.
ARTICLE IX
SECURITY INTEREST
Title to and a security interest in any Artwork consigned or proceeds of sale under this Agreement are reserved to the Artist. However, in the event of any default or breach by the Artist, shall grant Fabulon a security interest in the Artwork.
ARTICLE X
ARTIST’S DUTIES AND REPRESENTATIONS
A. Artist hereby warrants and represents that he or she created and possesses unencumbered title to the Artwork, and that the descriptions of the Artwork are true and accurate. Artist shall sell only merchandise and Artwork consistent with the Artist’s original prospectus unless approved in writing by Fabulon in its sole discretion.
B. Artist shall not knowingly misrepresent the ownership, quality, or character of any merchandise or Artwork.
C. Artist shall submit Artwork to Fabulon in “hang ready” condition specifically wired with a title adhered to the Artwork.
D. Artist shall provide accurate, written and electronic copies of biographies, Artist’s statements, and inventory as needed
ARTICLE XI
GENERAL PROVISIONS
A. Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other Party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
B. Severability. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. Furthermore, if the scope of any provision of this Agreement is determined to be too broad in any respect whatsoever to permit enforcement to its maximum extent, then such provision shall be enforced to the maximum extent permitted by law.
C. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of South Carolina, without giving effect to its principles of conflicts of law. No claim, demand, action, proceeding, arbitration, litigation, hearing, motion or lawsuit arising herefrom or with respect to the rights and obligations created hereunder shall be commenced or prosecuted in any jurisdiction other than the State of South Carolina. The Parties hereto hereby consent and stipulate to the jurisdiction of the Circuit and County Courts of Charleston County, South Carolina of any actions asserting a breach of the terms and provisions of this Agreement and the declaration of the Parties’ rights and obligations hereunder.
D. Assignment. A Party may not assign, transfer, subcontract, or delegate any right or obligation under this Agreement without the prior written consent of the other Party.
E. Notices. All notices shall be in writing and deemed effective when received by either (i) registered mail, (ii) certified mail, return receipt requested, or (iii) overnight mail, at the address of the Party to be notified provided in the above in the introductory provision of this Agreement. Either Party may change the address to which notices are to be sent by providing written notice to the other Party as provided for in this Section. Notices may be delivered in person, as long as it is accompanied with an acknowledgment of delivery and acceptance or an affidavit from a process server. It is the responsibility and duty of the Contractor to update Company of any address changes within ten (10) days of the effective address change.
F. Force Majeure. Neither Party shall be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within three (3) business days of its occurrence.
G. Equitable Remedies. The rights and remedies hereunder shall not be mutually exclusive, and the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provisions hereof. The Parties to this Agreement confirm that damages at law may be an inadequate remedy for a breach or threatened breach of this Agreement and agree that in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction (temporary and/or permanent), or other equitable remedy, but nothing herein contained is limited to, nor shall it limit or affect any right or rights at law or by statute or otherwise of any Party aggrieved against any other Party for a breach or threatened breach of any provision hereof, it being the intention of this Section to make clear the agreement of the Parties that the respective rights and obligations of the Parties hereunder shall be enforceable in equity as well as at law or otherwise.
H. Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.
I. Remedies Cumulative. Except as otherwise expressly provided herein, all rights, powers and privileges conferred hereunder upon any Party shall be cumulative and not restrictive of those given by law. No remedy herein conferred is exclusive of any other available remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given by agreement or now or hereafter existing at law or in equity or by statute.
J. Counterparts. This Agreement may be executed in more than one counterpart, each such counterpart shall be deemed an original, and all such counterparts shall constitute one and the same agreement.
K. Captions. The headings, titles, and captions of the Articles and Sections of this Agreement are inserted only to facilitate reference. They shall not define, limit, extend, or describe the scope or intent of this Agreement or any provision hereof, and they shall not constitute a part hereof or affect the meaning or interpretation of this Agreement or any part hereof.
L. Binding Effect. This Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by and against all the Parties and their respective heirs, legal representatives, personal representatives, successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to or shall confer upon any Person other than the Parties, and their respective heirs, legal representatives, personal representatives, successors and permitted assigns, any rights, remedies, obligations or liabilities.
M. Use of Terms. Use of the terms “herein”, “hereby”, “hereunder”, “hereof”, “hereinbefore”, “hereinafter”, and other equivalent words refer to this Agreement in its entirety and not solely to the particular portion of the Agreement in which such word is used. Reference to “this Article”, “this Section”, or a similar reference to a specific part of this Agreement shall refer to the particular Article, Section, or specific part in which such reference appears.
Whenever used herein, any pronoun shall be deemed to include both the singular and plural and all genders.
N. Attorney’s Fee. In the event either Party shall bring any action against the other Party arising out of this Agreement or the relationship between the Parties based on this Agreement, the prevailing Party shall be entitled to all costs incurred in connection with such action, including reasonable attorney’s fees.
O. Entire Agreement and Amendments. It is expressly agreed that this Agreement embodies the entire understanding between the Parties with respect to the subject matter hereof. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, verbal or otherwise, relative to the subject matter hereof have been made by any Party hereto, or anyone acting on behalf of any Party hereto, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
