Terms & Conditions

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Terms & Conditions

Tiny Things Exhibit

October 7, 2022

Abstractiva Fine Arts Studio


This document sets forth the terms and conditions under which (please print clearly):

Name: ___________________________________________________________ also known as “Artist”

Address:__________________________________________________________

City:_________________________________ State: _______ Zip:____________

Phone:___________________________________________________________

Email:____________________________________________________________

Shall be allowed to display the entitled art work(s), totaling in value $_________ (as outlined by the artist in Exhibit A), at Abastractiva, also known as The Studio for the period of consignment October 7th , 2022 through October 15th, 2022, at
1209 E 29th St., Vancouver, WA.

This agreement made between Abstractiva and the Artist, who, by signing below agrees to and accepts the following:

Whereas certain fine arts are solely owned by the artist and the artist desires to participate in consignment at Abstractiva and desires Abstractiva publicly exhibits said fine arts at its exhibit location stated above a no cost to Abstractiva; and, whereas Abstractiva desires to exhibit such works at the exhibit location, subject to the following terms and conditions:

Now Therefore, Both the Artist and Abstractiva Fine Arts Studio (AFAS) Agree as Follows:

  1. Definitions: (a) “Agreement” means that this Contract and Exhibit Agreement and all exhibits and attached references. (b) “Fine Arts” or “Work(s) means those materials and items identified in Exhibit A, which materials include but are not limited to works of arts, paintings, prints and other items of financial significance to the Artist.
  2. Period of Consignment: The period of consignment of the Work(s) is set forth above, which includes the expected exhibition period along with the time needed to install and uninstall the Work(s) on consignment. This agreement will terminate on the last day of the period of consignment unless terminated earlier or extended by both parties in writing and in accordance with this Agreement.
  3. Exhibition Period: Artist agrees that the entitled Work(s) shall remain on display in the Studio at 29th St. until the end or the exhibition period. The last day of the exhibition in Abstractiva Fine Arts Studio is October 15th, 2022, and the Artist shall pick up said Work(s) during the pick-up days designated by Abstractiva. Abstractiva charges $10 monthly fee for storage for works left uncollected. If your Work(s) is being shipped back, shipping will be done within the following 5-7 business days after the exhibition end date. Abstractiva reserves the right to cancel or move the date(s) of the exhibition period set forth above. Should this occur Abstractiva agrees to work with the Artist to determine if there is another opportunity to display the Work(s) at a different time. At that time, Abstractiva will designate new pick-up days for the work and inform the Artist of any and all changes.
  4. Ownership: The Artist affirms that they are the sole owner and creator of the Work(s) submitted to the exhibit. The Artist agrees that their Work(s) is/are original to the Artist and does not infringe upon or violate any copyright. For a juried show, the artist agrees that their work was not or is not part of a class project. If legal ownership of any Work(s) on consignment changes while exhibited by Abstractiva, the Artist agrees to require the new owner to provide Abstractiva with information establishing their legal right to own the Work(s). Abstractiva warrants and represents that this Agreement does not establish any ownership interest of Abstractiva in the Work(s).
  5. Right to Sell: The Artist owns the Work(s) and in accordance with this Agreement, the Artist grants Abstractiva the exclusive right to sell the Work(s) on consignment for the period of consignment outlined above with exception of Work(s) explicitly noted as “Not for Sale” NFS under Exhibit A. Consigned Work(s) shall remain the property of the Artist until sold.
  6. Proceeds of Sale(s): The Artist agrees that a portion of the sales, which shall be calculated at 30% (30 percent), will be retained by Abstractiva if the Work(s) is/are sold while on exhibit with Abstractiva. The Artist shall be paid 70% (70 percent) of the sale amount. The Artist shall be paid within 30 days of the sale of the Work(s) in accordance with Washington Law.
  7. Online Exhibition: Photos of Work(s) provided by Artist for the purpose of display on Abstractiva gallery website must accurately reflect the Work(s) and follow Abstractiva’s photo guidelines. Photos not meeting these guidelines will not be displayed on the Abstractiva gallery website. Artworks must not be modified or changed by the Artist during the online exhibition period. If the exhibit is taking place entirely online, the Artist agrees to take complete responsibility for arranging deliver of sold Work(s) to the buyer, whose contract information Abstractiva will provide to the Artist in a timely manner.
  8. Photo Release: The Artist agrees that photographs my be taken of said Work(s) by Abstractiva to be used for private and public purposes including but not limited to: Facebook, Instagram, and other social media, Abstractiva gallery website and Abstractiva archives. The Artist shall retain the copyright to the Work(s).
  9. Packing & Shipping: The method of shipment and the cost of transportation and packing of the Work(s) to and from Abstractiva shall be done by the Artist. The Artist shall ensure that the Work(s) is/are securely packed for shipment, including any special instruction for Abstractiva regarding the unpacking and repacking of the Work(s). Abstractiva is not responsible for any damages to the Work(s) due to deficient packaging or damage during transportation by the Artist. The Artist must deliver the Work(s) to Abstractiva ready to install, and the Work(s) shall have a Back Label (with bar code option) fully completed as provided on the entry submission.
    a) Sold Work: All Work(s) sold to a local buyer while in exhibit at Abastractiva shall be picked up the buyer on one of the designated pickup dates as outline in Section 3 Exhibition Period unless other arrangement is made. The Artist will be responsible for the delivery of any sold Work(s) to the collector/buyer. Shipping and insurance charges will be the responsibility of the Collector/Buyer. If for any reason the Artist is unable to take possession of sold Works and arrange transportation to the non-local Collector/Buyer, the Artist may make arrangements with Abstractiva to handle packing, shipping and insurance on the Artist’s behalf, and at the Artist’s sole expense. Abstractiva shall not be financially responsible for the shipping or transportation of the Work(s) to the Artist or non-local Collector/Buyer, nor any damages to the Work(s) during the shipping process.
    b. Unsold Work: If, for any reason, the Artist cannot arrange to pick up and retake possession of their Work(s) in accordance with Section 3 Exhibition Period, the Artist shall arrange with Abstractiva for the return shipment and insurance of unsold Work(s) to the Artist, nor any damages to the Work(s) during the shipping process.
  10. Installation: Abstractiva shall install the Work(s) after delivery to the Studio by the Artist. Installation services provided by Abstractiva may include lighting, title lettering, and wall labels. Unless otherwise directed, installation of the Work(s) will be conducted by Abstractiva and its designees. The Artist shall provide Abstractiva any specific installation, display, and de-installation instructions. Abstractiva will exercise best judgement with respect to the Artist’s instructions and both Abstractiva or its designees shall not be held liable for any damage to the Work(s) as a result of handling the work for installation, display, or de-installation.
  11. Insurance: By signing below, the Artist specifically expresses their understanding and agreement that Abstractiva carries no insurance or other coverage against damage, destruction, theft, or other loss of or to the artwork while on Abstractiva premises. Abstractiva also does not have and does not accept liability for and does not give any guarantee against any such damage, destruction, theft or other loss to the artwork during delivery to or removal from the Studio premises by the Artist or any other person(s). The Artist further agrees to hold Abstractiva Fine Arts Studio not responsible in the event of any such damage, destruction, theft or other loss.
  12. Liability Waiver & Release: The Artist hereby waives, releases, and forever discharges Abstractiva Fine Arts Studio and its board members, designees, volunteers, employees, instructors from any and all claims (where unknown), demands, judgment, or awards for any damages to or loss fo the Work(s) and any consequential damages arising from this Agreement. Nevertheless, the Artist further recognizes that Abstractiva shall not indemnify or defend the Artist for any liability arising out of the wrongful acts, errors, or omissions on the part of Abstractiva.
  13. Termination: This Agreement shall terminate on the last day of the Period of Consignment to Abstractiva. Upon termination, neither party shall have any further obligation to the other, except the waivers, proceeds of sale, and release of liability and indemnification provisions contained herein shall survive the completion or termination of this Agreement.
  14. Abandonment: Subject to the section 2, Period of Consignment, above, a Work is considered abandoned if it is left at Abstractiva for more than 14 days immediately following the “Period of Consignment”. During that 14-day period Abstractiva will attempt to contact the Artist. If the Artist does not respond within that 14-day period, the Work(s) will be considered abandoned. Abstractiva will shall take care, custody, and control of the Work(s).
  15. Costs: In the event that either party brings an action or claim for breach of this Agreement against the other party in court, the prevailing party as determined by such court shall be entitled to recover expenses actually incurred in the pursuit or defense of such claim, as the cause may be.
  16. In Addition: As part of displaying Abstractiva is required to host the gallery, or act as docent for the exhibit in which the Artist participates. The local Artist within easy access to the Studio during gala night, shall make a valid attempt to attend the opening night event and represent themselves during the event.
  17. Effective Date: This Agreement and all of its terms shall be effective upon the later signature of both parties.

In Witness Whereof:

I, the Artist, hereby declared that I have read the foregoing 4-page Agreement and I hereby agree to and accept all of the terms and conditions stated.

____________________________________________________ _______________________________
Signature Date

____________________________________________________
Printed Name

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