Arts Business Initiatives: Terms and Conditions of Agreement for Artists

This Agreement describes the general terms and conditions applicable to (you) the artist in using the services of (us) Arts Business Initiatives [ABI]. If you do not agree to be bound by this Agreement, you will not gain opportunities through ABI. You must read, agree with and accept all the terms and conditions contained in this Agreement in order to use our services.

Arts Business Initiatives may amend this Agreement at any time by giving you 30 days notice via email or written form. Any amended Agreement will govern new artists’ registrations from the date of receipt. Existing users will be bound by the amendment to this Agreement after the expiry of 30 days following the date of notice. No other amendment to this Agreement will be effective unless made in writing, agreed by you and by ABI.

This Agreement is effective from November 2014 for registering users.

Agreement

  • By agreeing to these Terms, artists confirm that they are not represented exclusively by another party or will inform ABI on the specific Terms and Conditions involved with that party prior to any agreement being reached. Any contractual liabilities outside of this agreement not conveyed to ABI before association is reached may result in immediate Termination of the association.
  • ABI will showcase your work to our clients on our database if your work meets the budget and aesthetic demands agreed with them.
  • On application for association with ABI, artists must provide all information and documentation requested by us before we can proceed with your application.
  • Example images provided to ABI by the artist must be of High resolution and illustrate the entirety of the artwork alone or within a professional environment.
  • The artist confirms that he/she is the owner of artworks provided as images, and that the artworks are originals or of limited edition. If an artwork is of limited edition the artist must state the number of editions in total and how many are currently available.
  • The artist must state if there are any condition issues with their work before entering any agreement with us.
  • By agreeing to these Terms, artists agree to update ABI on any changes made to their capacity to make sales through the services of ABI.
  • By agreeing to these Terms, artists are obliged to update ABI on the availability of their artworks, the prices of their artworks and changes to their CV.

Opportunities

  • ABI also offers swap deals for our clients through the year, and so please note that the fees to you and contract lengths may vary accordingly.
  • Our clients are offered artworks at 50% of their total value for 1 year’s lease. When pricing your work, you are advised not to adjust your current valuations or may face more limited opportunities to sell your work.
  • ABI is a service provider of Art for businesses. ABI offers associated artists opportunities to find sales to the corporate sector. The specific opportunities advertised to our artists are made in consultation with our clients. Clients are able to choose from our range of artworks available in our database.
  • ABI will actively pursue clients to give associated artists opportunities to make sales to our clients.

Payments

  • Entry into this agreement is free of charge.
  • Payments to artists selected for display with our clients is paid through us. Payments are made to artists through ABI and the artist must provide an invoice with Bank account and sort-code details prior to any transfers being made. Payments are always made electronically.
  • Unless stated otherwise, ABI will take no percentage from the fee charged by artists for the rent and/or sale of their work to a client, but will facilitate the transfer of moneys.

Intellectual Property Rights

  • The artist will retain perpetual and worldwide ownership over the copyright of their work and images made solely of their work under UK copyright law.
  • By agreeing to these Terms, artists agree to grant ABI (and any third party authorised by ABI) license to use, reproduce (in any form), publish, display, transmit, copy and store images of your work for the promotion of the artist and/or ABI. Changes can be made if the artist states in writing why they would be unhappy with any one of the above. ABI relinquishes these rights with the Termination of this Agreement by either party.
  • Copyright of the images taken of the artist’s work in situ with a client are subject to the agreement made between artist and client over the effect to which those images can be used. The artist must consult with the client on the use of images taken within the client’s office and adhere to the demands of the client. ABI is not liable in any breaches or disputes between artist and client on the use of images taken within the client’s offices.

Insurance

  • We do not hold stock and therefore are not responsible for insuring artists’ work.
  • It is recommended that artists insure their own work prior to entering any contract with our clients.

Delivery

  • Depending on circumstances, artists may be required to deliver their work to our clients personally.

Display

  • By agreeing to these Terms, the artist gives ABI permission to use images of their work for digital and non-digital promotional reasons.
  • Artworks must be displayed to the highest possible standard. Prints, drawings and photographs must be framed before they can be shown, and all condition issues must be reported.

Breach

  • Without limiting our other remedies, we may immediately issue a warning, suspend or terminate you from our inventory and refuse to provide our services to you without notice if: a) you breach this Agreement or any documents incorporated by reference; b) we are unable to verify or authenticate any information you provide us; or c) if we believe that your actions may cause legal liability for you, our users and clients or us.

Our Rights

  • Artists must not provide false information of any kind including, but not limited to, availability and editions of work.
  • Artists are not required to pay anything for exposure with ABI, but are required to provide all information and photographic documentation requested by ABI before your work can be shown on our database.
  • All artists must state in writing or by email their agreement with these Terms and Conditions before we can offer you our services.

Termination of association

  • ABI retains the right to Terminate this Agreement with the artist by giving you 7 days’ notice via email or written form.
  • Associated artists are welcome to Terminate their Agreement with ABI at any point, but must give 7 days’ notice. If an artist is selected for display with one of our clients a contract independent of this Agreement must be agreed to between the artist, ABI and the client. Termination of this Agreement with ABI in no way affects other Agreements between the artist and our clients.
  • ABI retains the right to Terminate this Agreement between ABI and the artist with immediate effect if the artist is in breach of any responsibilities referred to in this Agreement.
  • ABI retains the right to Terminate this Agreement between ABI and the artist if any action taken by the artist undermines the good image and/or reputation of ABI.
  • These Terms shall be exclusively governed by and construed in accordance with the laws of England & Wales. All disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of England & Wales.

©artsbusinessinitiatives2015

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