Terms and Conditions
These terms and conditions are for the purpose of governing the contract created between artists and Sweet ‘Art when exhibiting art works in a Sweet ‘Art exhibition or event.
DEFINITIONS AND INTERPRETATION
In these terms and conditions, the following terms have the following meanings:
‘Submissions Fee’ – A non refundable fee paid when submission of Artworks is made for consideration by the Sweet ‘Art selection panel.
‘Exhibition Fee’ - A non refundable fee paid following the acceptance of Artworks for exhibition.
‘Artwork’ – Anything submitted for exhibiting in a Sweet ‘Art exhibition or event that may include but is not limited to painting, sculpture, performance, film.
‘Exhibition’ –Any Sweet ‘Art event in which Art works are exhibited.
‘Artist’ – Any person who has submitted or is exhibiting artworks in a Sweet ‘Art event or Exhibition.
‘Submitting art work’- Artworks that have been submitted to a Sweet ‘Art Exhibition through fully completing the online submissions process via the Sweet ‘Art website.
‘Accepted artwork’- Artworks that have been stated as accepted for exhibiting by Sweet ‘Art in an acceptance email with an attached Acceptance Pack.
‘Sweet ‘Art Panel’ – A selection panel always comprising of at least two Sweet ‘Art team members and at least one Sweet ‘Art director.
‘Acceptance Pack’- Documents containing all information and resources needed by the artist for the purposes of exhibiting in the submitted to exhibition or event, including but not limited to, key dates, exhibiting instructions and work labels.
‘Artists call out’ – Sweet ‘Arts advertised request for artists to submit Artworks for selection
The contract between Sweet ‘Art and the Artist (Contract) is made when the Submissions Payment or Exhibition Payment is made and in making such payment, the Artist agree to the following terms and conditions:
CONDITIONS OF EXHIBITING
Sweet ’Art is a company registered in England limited by guarantee (registration number 09284819)and a not-for-profit, non-funded project, and so it may require a non-refundable Submission Fee per submitting artist to go towards all production costs of each Exhibition. For some Exhibitions, there may also be an additional non-refundable Exhibiting fee for accepted Artists.
Sweet ‘Art reserve the right to decide on the Exhibiting Fees of individual works selected by the Sweet ‘Art panel based on the size of Artworks, the curating plan of the specific show and projected outgoing costs of the show.
SUBMISSION AND EXHIBITING FEE PAYMENTS
Submissions Payments and Exhibiting Payments must be made promptly, and in any event by the given deadline provided in your Acceptance Pack or on the Artists Call Out, as this payment goes towards such vital overheads as venue hire. All dates and deadlines will be communicated to artists via an acceptance email and attached Acceptance Pack.
DELIVERY AND SETUP
The Artist shall deliver its Artwork on the specified day as stated in the Acceptance Pack, directly to the gallery. Works will be installed by the curators. If the Artist has any specific requirements for installation these must be agreed in writing with Sweet ’Art at least one week prior to delivery.
Sweet ‘Art reserves the right to make final decisions with regard to the curating of Exhibitions which includes but is not limited to, where the Artworks are placed within the gallery space, positioning of Artworks within the gallery space, display of Art works including the type of plinth or display mounts or methods including adding additional fixtures that may include but is not limited to, mirror plates, D rings or Velcro. Sweet ‘Art reserves the right to do so without consultation.
SALES OF WORK
Sweet ’Art takes 0% commission on Artworks sold through gallery specific Exhibitions. Sweet ‘Art should be informed by the Artist of any sales of Artworks that take place during the Exhibition run of a Sweet ‘Art Exhibition.
Artworks can only be taken down after the exhibition and not during. All Artists or Artist’s representatives must collect Artwork from the gallery on the specified time and day. If work is not collected, you will be charged £20 per day for storage until and including the day on which the Artwork is collected.
VIDEO AND PERFORMANCE ARTISTS
Requirements for video and performance pieces must be agreed with Sweet ’Art at least one month before the opening date of the show. Video artists must provide works on a disc or emailed as a high res quicktime format. If more than one piece of video art is being shown a rota may be put in place to ensure all works are seen. If this is the case, Sweet ’Art will notify the video Artists accordingly. Performance Artists are required to view the space and agree terms of performance directly with Sweet ’Art at least one month before opening. Performance Artists are required to be at the venue at least 45 minutes before they are due to perform.
RESPONSIBILITY OF WORK
Artists are at all times fully responsible for the delivery and collection of Artwork. Artworks are left at the specified gallery at the Artist's risk and subject to the gallery’s terms of insurance, and Sweet ’Art takes no responsibility or any loss, theft or damage. Artists are responsible for insuring against accidental damage caused by Sweet ‘Art or another third party, and should claim for his/her losses as appropriate.
Sweet ‘Art may be subject, and must therefore adhere, to further terms and conditions applied by the chosen exhibition space or gallery. Sweet ’Art may notify you from time to time of any such further terms and conditions and the Artist should follow any such instructions in connection to any other terms. Sweet ’Art accepts no liability for any loss or damage caused to the Artist as a result of any acts, errors or omissions made by such third parties.
INTERNATIONAL ARTISTS AND SHIPPING
Sweet ‘Art exhibit artists from all over the world and are happy to receive works providing delivery arrangements have been clearly discussed. Please be aware of customs charges when sending Artworks into the country as Sweet ‘Art shall not be responsible for Art works being held in customs and not arriving in time to be exhibited. Sweet ‘Art may liaise with customs officials regarding any incurred charges but artists will be solely responsible for the payment of incurred charges and will be ask to transfer payment to Sweet ‘Art before works can be released. Sweet ‘Art reserves the right to not exhibit Art works where customs charges are incurred and unpaid by the Artists.
Sweet ‘Art are happy to return any unsold Artworks only via Parcel Force’s Global Priority service. () Sweet ‘Art advise that Artists research the costs of returning shipping via this service before agreeing to submit. Sweet ‘Art reserves the right to refuse works based on shipping issues and to use a different courier or postal service if necessary as long as the service is tracked. Sweet ‘Art takes no responsibility for theft, loss or damage of Art works in transit but will ensure to do all possible to help with investigation of such issues should they occur.
INTELLECTUAL PROPERTY RIGHTS
In making a Submission Payment, the Artist acknowledges and agrees that Sweet ‘Art may use the images, information and words you have provided to Sweet ‘Art on the Sweet ‘Art website and for exhibition catalogues or other marketing or promotional materials. Accordingly, the Artist hereby grants to Sweet ‘Art a perpetual, irrevocable, non-exclusive, assignable, royalty-free and global licence to use, copy, modify and adapt such images, information or words for such purposes. Any intellectual property rights that belong, or are licensed, to you shall remain vested in the Artist.
Sweet ‘Art may also take photographs, make films or produce other recordings during the exhibition that feature the Artist and the Artwork, and the Artist hereby grants to Sweet ‘Art its full permission for the use of photography, video or other recordings made, and any reproduction or adaptation thereof either complete or in any part, to be used in all media, and all formats, in perpetuity. The Artist further agrees that he/she have no further claim whatsoever against Sweet ‘Art relating to such photographic, video or other recording, or the use of photography, video or other media. Any such images or recordings shall be deemed to represent an imaginary person, unless the Artist agrees otherwise.
The Artist, and any other person that he or she engages, are required to keep all information, documents and materials provided by or on behalf of Sweet ‘Art as strictly confidential and shall not disclose or permit disclosure of any such information, documents or materials to any third party without Sweet ‘Art’s prior written consent, unless directed by third parties that possesses statutory powers. This provision shall survive termination or expiration of the Contract.
Sweet ‘Art may cancel an Exhibition, for any reason, by giving the Artist at least one week’s notice (in writing or by email) and in such instances will make a full refund of any paid fees. Sweet ‘Art may withdraw Artwork from an Exhibition with immediate effect if:(i) the Artist does, or omit to do, anything that, in the sole opinion of Sweet ‘Art, brings the name or reputation of Sweet ‘Art, its brand or the exhibition into disrepute or prejudices the interests of Sweet ‘Art, its agents, employees or contactors; (ii) the Artist is guilty of any serious infringement(which includes, without limitation, failure to deliver Artworks on time or to the specified destination, or (after warning) repeated breach of the terms of this agreement. The Contract shall terminate upon any such cancellation. Any delay by Sweet ‘Art in exercising the right to terminate shall not constitute a waiver of such rights.
The Artist shall at all times during and after the term of this agreement, indemnify, keep indemnified and hold harmless Sweet ‘Art, its agents, contractors and employees, against all claims, demands, actions, proceedings and all losses in relation to: (i) any infringement or alleged infringement of any third party's intellectual property rights suffered by Sweet ‘Art, its agents, contractors or employees, as a result of your submission or participation in an exhibition; (ii) any actual or alleged personal injury or death, or loss or damage caused to any personal or real property of Sweet ‘Art, its agents, contractors and employees, or any third party arising directly or indirectly from your submission or your acts, errors or omissions; (iii) the Artist's breach or alleged breach of any law, statute, bye‑law, regulation, order, regulatory policy (including any requirement or notice of any regulatory body), guidance or industry code of practice, rule of court or directives, delegated or subordinate legislation in force from time to time, or the Artist's failure or alleged failure to obtain permission from any person depicted in his/her Artwork or (other material submitted to Sweet ‘Art) to be portrayed as shown; (iv) Sweet ‘Art being deemed (either during or after the term of the Contract) to be the Artist's employer. This provision shall survive termination or expiration of the Contract.
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under it if such a delay or failure result from an event, circumstances or cause beyond its reasonable control (the "Force Majeure Event").
Sweet 'Art shall use all reasonable endeavours to mitigate the effect of a Force Majeure Event on the performance of its obligations.
If a Force Majeure Event prevents, hinders or delays Sweet 'Art's performance of its obligations for a continuous period of more than 30 days the Artist may terminate the contract immediately by giving written notice to Sweet 'Art.
LIMITATION OF LIABILITY:
Nothing in the Contract shall limit or exclude the Supplier's liability for:
• death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
• fraud or fraudulent misrepresentation; or
Subject to the above paragraph, Sweet 'Art shall not be liable to the Artist, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for loss of profits; loss of sales or business; loss of agreements or contracts loss of damage to goodwill; and any indirect or consequential loss.
Sweet 'Art's total liability to the Artist, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to £300.
Nothing in this agreement is intended to create a partnership or joint venture or legal relationship of any kind between the parties that would impose liability upon one party for the act or failure to act of the other party, or to authorise either party to act as agent for the other. The Artist acknowledges and agree that his/her participation in an Exhibition, including any work experience with Sweet ‘Art, does not create an employer/employee relationship between Sweet ‘Art and the Artist.
The Contract constitutes the entire agreement and understanding between the parties in respect of its subject matter and supersedes any previous agreement made before the date of the Contract by or on behalf of the parties and relating to its subject matter notwithstanding the terms of any such previous agreement or arrangement expressed to survive termination.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement. No person other than you and Sweet ‘Art shall have any rights under it and it shall not be enforceable by any person other than you and Sweet ‘Art and the Exhibition organisers.
GOVERNING LAW AND JURISDICTION
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims). This provision shall survive termination or expiration of the Contract.