2024 PARTICIPATION AGREEMENT
Artisan Alley Regional Fine Art Juried Exhibition
2024 PARTICIPATION AGREEMENT
Now, Therefore, the Parties intending to be bound agree to the following.
I. Artisan Alley (‘AA’) will stage an on-site exhibition at Artisan Alley Fine Arts Gallery as host for the 2024 Regional Fine Art Juried Exhibition (the ‘Competition’). The Participants will submit all those pieces for consideration (“the Work”) via the provided GoogleForm for consideration in accordance with the Competition rules.
II. Participant Responsibilities. The Participant must assent to the following conditions to participate in an on-site exhibition:
1. Competition Rules and Guidelines. The Participant will abide by all rules in this Call for Entry.
2. Reproduction, Documentation, and Publicity. The Participant grants AA permission in perpetuity to use photographs, films, and other audiovisual representations of the Work or parts of the Work and its packing, shipping, installation, and display for archival, education, cataloging, marketing, publicity, promotional, press, and editorial activities related to the 2024 Regional Fine Art Juried Exhibition and the history of the Competition.
3. Attestations. For the purposes of Competition eligibility and establishing the limits of liability, the Participant avers that all information provided to AA is true and correct.
III. Additional Participant Responsibilities. The Participant will assent to the following terms.
1. Possession. The Participant grants possession of the Work for the term of the Competition. AA reserves the right to retain possession for the entirety of the term of the exhibition.
2. Sale of Art. The Participant will notify AA in writing if any of the Work submitted to the Competition is sold during the course of the Competition and is intended to be picked up by a buyer.
3. Shipping. The Participant will be responsible for adequately and securely packing the Work, shipping or delivering the Work, and will provide AA with any special instruction for unpacking/ re-packing the Work. The Work will be returned in the same or similar materials as received unless otherwise authorized by the Participant. The Participant and AA will agree to a time for the pickup and return of the Work within the provided window. The Participant will also sign a return receipt and send it to AA either at the time of delivery or within 30 days of the return, or AA will not be responsible for any damages or loss reported thereafter.
4. Insurance. The Participant agrees that AA’s limit of liability for loss or damage to the Work will be the amount specified by the Participant at the time of submission. The Participant will specify insurance values, generally defined as “fair market value” for each of the Works provided. If the Participant elects to maintain their own insurance coverage they will attach their own certificate of insurance to this agreement and that certificate of insurance must name AA as an additional insured and waive the rights of subrogation. If the Participant does not provide the certificate, this failure shall constitute waiver by the Participant.
5. Representation of Integrity of the Work. The Participant warrants that the Work is in such a condition as it can withstand ordinary strains of packing, transportation, installation, and handling.
IV. AA Responsibilities
1. Rule Enforcement. AA reserves the right to disqualify any Participant from the Competition at any point in the competition for violation of the Rules.
2. Reproduction, Documentation, and Publicity. AA may create or utilize photographs, films, or create audiovisual representations of the whole Work or parts of it and its packing, shipping, installation, and display. AA may do so in conjunction with other Works in the Competition. AA may do so through all methods whether now existing or later developed for the purposes of its own archival, education, catalogue, marketing, publicity, promotional, press, or editorial purposes without limitation in and on any of AA publications and websites relating to the Regional Fine Art Juried Exhibition. AA retains all rights in these images or reproductions of these representations of the Work.
V. Additional AA Responsibilities.
1. Care. AA will give the Work the same handling and care provided to its own collections and will exercise such precaution as are in force for the safekeeping and preservation of property at Artisan Alley Fine Art Gallery. AA will not alter, clear, or repair the Work without prior express written permission of the Participant except as may be necessary to halt or avoid further damage. If damage to the Work occurs during shipment or at any time during the loan, AA will immediately inform the Participant in writing about the nature and extent of the damage or loss. Ingoing and outgoing condition reports will be completed by AA staff and provided to the Participant upon request.
2. Return. AA will return the Work to the Participant unless notified in writing by the Participant of a change in ownership.
3. All Work submitted by the Participant is submitted at their own risk. AA will not hold any financial responsibility for Work regarding potential damage regardless of cause or fault.
4. Sale of Art. AA will facilitate the sale of Work to potential buyers on behalf of the Participant during the time work is on display at Artisan Alley Fine Art Gallery. AA will take a 30% commission on the completion of the sale while work is on exhibition at Artisan Alley Fine Art Gallery. AA will inform the Participant of the sale in a timely manner. AA is not obliged or responsible for facilitating any introduction of potential buyers to the Participant.
VI. Miscellaneous.
1. Laws and Regulation. Both parties’ participation, shipment, and storage will be in accordance with all state and federal laws and regulations.
2. Governing Law. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania and the decisions of the Pennsylvania courts. The Participant consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not convenient or proper. The Participant agrees that any such court shall have in personam jurisdiction over it and consents to service of process in any manner authorized by Pennsylvania law.
3. Force Majeure. Neither party shall be liable for failure to perform under this Agreement if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other part of the extent and nature of the problem, limits delay in the performance to that required by the event, and takes all reasonable steps to minimize delays. This provision shall not be effective unless the failure to perform is beyond the control and without the fault or negligence of the nonconforming party.
4. Assignment. Neither party shall assign any benefits or obligations under this Agreement without the prior written consent of the other party. No consent shall be unreasonably withheld.
5. Limit of Liability. The Participant shall release AA, its officers, agents, and employees from any liability whatsoever and waive suits, actions, or claims of any character, name or description brought for on account of any claims, costs, injuries, losses, or damages arising from the breach by the Participant or its agents of the obligations assumed by the Participant under this agreement.
6. Notice. All Required notice to the Participant shall be sent to the address provided in the Participant’s entry information. All notice to AA shall be given to Artisan Alley Fine Art Gallery, 702 N Shamokin St, Shamokin, PA 17872. artisanalley.info@gmail.com