Illustrators Australia 9x5 Exhibition Artists Agreement and Waiver
Please note that a copy of both the Terms and Conditions of entry and Artist Agreement and Waiver will be included in your Artist Welcome pack including an outline of submission dates and submission process.
ILLUSTRATORS AUSTRALIA 9X5 EXHIBITION ARTIST AGREEMENT AND WAIVER
Illustrators Australia 9x5 ‘GRAND’ Exhibition Artist Agreement and Waiver between ‘Illustrators Australia’ and the ‘Illustrator’ (owner of artwork).
AGREEMENT entered into immediately on registration by Registrant having acknowledged this Agreement and Waiver during the registration process. Agreement is made between you, the Registrant (hereinafter referred to as the “Illustrator”) and Illustrators Australia (hereinafter referred to as “IA”), located at Suite 6, 208 Sydney Road, Brunswick, 3056.
WHERE AS, the Illustrator is a professional illustrator of good standing;
WHERE AS, the Illustrator wishes to have certain artworks represented by IA; and
WHERE AS, IA wishes to represent the Illustrator under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:
EXHIBITION: IA agrees to exhibit the work of the Illustrator from the 4th December 2019 until 21st December 2019 in the exhibition space The Victorian Artists Society located at 430 Albert Street, East Melbourne 3002, which shall be exhibited for the specified time period. During this specified time period the Illustrator will allow Illustrators Australia the authority to sell, market and advertise the original or digital artwork supplied by the Illustrator. The expenses of the exhibition shall be paid for as set out below:
REGISTRATION FEES: The Illustrator understands and agrees to pay the stipulated registration fees associated with entry into the exhibition. The Illustrator understands and agrees that this fee is non-refundable and non-transferrable under any circumstances. Failure to submit work to be received no later than the submission date of 25/11/2019, including late shipping or delivery delays will result in the forfeit of the registration fee in totality.
EXHIBITION EXPENSES: Gallery hire, general Exhibition expenses, marketing, advertising, catering and transport of works to Gallery from the IA offices, including transporting work to gallery and back to IA Office will all be paid for by IA.
TRANSPORTATION OF ARTWORK: Illustrators Australia will pay for the delivery of the panel of wood to be used for any traditional work to the Illustrator. The Illustrator will be responsible for the cost of delivery of their own work including any postage or courier/transporting costs to the Illustrators Australia Office located at Suite 6, 208 Sydney Road Brunswick, 3056. The Illustrator agrees to pay for the return courier/transport costs from Melbourne at an additional fee of AUD $15.95 inc GST for any unsold work.
The Illustrator will be notified by IA no more than 60 days after the end of the exhibition to arrange payment for the return postage fee by the Illustrator. All unsold works will be posted to the nominated address of the Illustrator only once return postage fee has been paid. Alternatively, the Illustrator may also arrange to pick up any unsold work in person at no expense at the IA office or Gallery during business hours.
RESERVATION OF RIGHTS: Copyright of the Artwork shall at all times remain with the Illustrator, unless the Illustrator agrees to the Assignment of Copyright as detailed below. All rights not expressly granted or detailed in writing and signed by the Illustrator, are reserved to the Illustrator; including, but not limited to, all intellectual property rights in the Artwork, sketches, or other preliminary workings.
ASSIGNMENT OF COPYRIGHT: IA reserves the right to use images of your work, artist statements and bios for the use of Social Media, Advertising, Catalogs, Announcements, Exhibiting materials (e.g partitions or displays), Photography and Videography for the purpose of the Exhibition. After the Exhibition any photographs, negatives, and any other tangible or intangible property/visual collateral created for the exhibition shall be the property of IA and may used for future advertising, marketing and social media.
SALES: All monies from sold goods/works will be paid into the nominated bank account of the Illustrator upon payment from the client/collector, with an invoice sent to your nominated email. IA agrees to pay the Illustrator all proceeds due to the Illustrator within 60 days of sale, minus any fees associated for the payment of work including but not limited to POS fees, GST and or International Transfers.
COMMISSIONS: IA will take a 15% commission on sales of artworks. Delivery of the artwork to the eventual purchaser is the responsibility of IA who will collect an additional delivery fee from purchaser or arrange adequate pick up of work in lieu of delivery fee.
ADDITIONAL EXPENSES: Neither party will incur no additional expenses without the prior written consent of the other party as to the amount of the expense.
PRICES:The Illustrator being the owner of the artwork will set their own price for sales of their work.
RECORDS: IA shall maintain accurate books and documentation with respect to all transactions entered into for the Illustrators.
LOSS OR DAMAGE: IA shall NOT be liable for any loss or damage to consigned work by the Illustrator from the date the work arrives at the IA office, until the artwork leaves the IA office after the completion of the exhibition. This includes the return transit of any work via post to the Illustrator. IA shall take all care but no responsibility for any loss or damage of work that may occur in transit between IA head office and the address nominated by the Illustrator in this contract. Insurance against theft or damage during the 9x5 Exhibition itself held at The Victorian Artists Society should be covered by their nominated Insurer and will need to be addressed with The Victorian Artists Society by the Illustrator independently. IA will ensure due care is taken with the Illustrators work and will man the exhibition at all times during opening hours.
MODIFICATIONS: All modifications of this Agreement must be in writing and signed by both parties. This Agreement constitutes the entire understanding between the parties hereto.
WAIVER: In consideration of the acceptance of my Registration to participate in the 9x5 Exhibition with Illustrators Australia. I, the ‘Illustrator’ waive all claims that I may have against the Illustrators Australia Inc, its officers, directors, members, volunteers, employees, agents and sponsors, or its executors, administrators, heirs, successors or assigns (the organisers), and release them from all claims for death, injury or damage arising out of my participation in their club, their event and its related activities, together with any costs, including legal fees.
I, the ‘Illustrator’ agree to indemnify and keep indemnified the organisers against damage arising out of my participation in the events and its related activities.
ACKNOWLEDGEMENT: By selecting the option ‘I acknowledge and agree to the ‘ILLUSTRATORS AUSTRALIA 9X5 EXHIBITION ARTIST AGREEMENT AND WAIVER’ button that you, the ‘Illustrator’ accept this agreement with ‘ILLUSTRATORS AUSTRALIA’ willingly and acknowledge that you understand, and agree to all that is stipulated as above.