Rental Agreement

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ASPIRE GALLERY RENTAL AGREEMENT v06

1.

This is a Rental Agreement between Aspire Gallery of 53 Kennedy Terrace, Paddington, 4064 and the Exhibiting Artist.

1A.

The Exhibiting Artist agrees and understands that Aspire Gallery is a platform for Artists not a representation-for-lease gallery.

2.

This Agreement works in conjunction with the Terms and Conditions of Use for Aspire Gallery and is supported by the relevant Additional Documentation.

2A.

The Additional Documentation refers to the relevant Action List, Agenda and Hanging Waivers provided leading up to and during the Exhibition Period.

3.

Aspire Gallery agrees to exhibit the agreed pieces of work of the Exhibiting Artist (‘the Exhibition Pieces’) on the selected exhibition walls of Aspire Gallery, 53 Kennedy Terrace Paddington 4064 (‘the Agreed Space’) during the Exhibition Period. The Agreed Space is determined prior to the Exhibition Period.  

3A.

The Exhibition Period is that period of time agreed between Aspire and the Exhibiting Artist and in the first instance will be two (2) weeks during the Opening Hours of Aspire Gallery.

4.

If requested Aspire Gallery agrees to host an opening night for the Exhibiting Artist finishing no later than 9pm.

5.

The Exhibiting Artist agrees to consult Aspire Gallery in regards to all time, food and drink related requests.

6.

Aspire Gallery is a strictly no smoking venue.

7.

Duration

7.1

The Term of the Agreed Space will be the Exhibition Period and the specified time for installation and demounting. 

7.2

Exhibition Pieces must be installed on an agreed time before the Exhibition opens to the public by the Exhibiting Artist, unless otherwise organised with Aspire Gallery.

7.3

Exhibition Pieces must be removed before the next exhibition opens to the public. In the first instance, work will be removed at 4:30pm – 5:00pm on the final date of the Exhibition Period, unless otherwise organised with Aspire Gallery.

7.4

If the Exhibition Pieces are not removed by the set time in clause 7.3, Aspire Gallery has permission to remove the said work.

7.5

Aspire Gallery is not liable for any damage which occurs due to the removing outlined in clause 7.4.

7.5A

Aspire Gallery is not responsible for storing work not collected and enforces a blanket policy whereby if the work post-Exhibition has not been collected within two (2) weeks, the work and the associated intellectual property rights will be automatically assigned and gifted to Aspire Gallery, unless otherwise organised with Aspire Gallery, prior to the end of this two (2) week period outlined in clause 7.5A.

7.6

Aspire Gallery is responsible for the general staffing of Aspire Gallery between the operating hours of 10:30am to 4:30pm and during an opening night if required.

7.6A

The Artist agrees and understands that staff may have to leave / not-open / close the Exhibition Space early because of emergencies or other situations which prevent staff from being at Aspire Gallery. Aspire Gallery does not intend for these situations to happen and will attempt to provide another exhibiting day.

7.7

Aspire Gallery retains exclusive possession and control of the Agreed Space throughout the Exhibition Period. This Agreement amounts only to a license to use the Agreed space for exhibition purposes.  The Exhibiting Artist may access the Agreed Space only with the consent of Aspire Gallery. 

8.

Publicity & Catering

8.1

The responsibility and costs of publicity, promotion and catering are that of the Exhibiting Artist. 

8.2

Aspire Gallery offers advice regarding publicity and media contacts.

8.3

Aspire Gallery offers publicity and promotional support packages and suggested third party promotional and publicity packages.

8.4

Aspire Gallery offers support with the design of invitations.

8.5

Aspire Gallery offers a range of catering to choose from, but the Exhibiting Artist may discuss alternate options.

8.6

Aspire Gallery freely offers their collection of wine glasses and available platters for the Exhibiting Artist.

8.7

Directly after any event the Exhibiting Artist holds, the Exhibiting Artist agrees to return Aspire Gallery to the state it was in prior to any events the Exhibiting Artist holds.

8.8

The Exhibiting Artist agrees that Aspire Gallery may use any and all of the Exhibiting Artist’s intellectual property used in during the Exhibition Period, including but not limited to copyrights and trade marks for publicity and promotional purposes for the Exhibiting Artist’s Exhibitions and future Exhibitions Aspire Gallery holds.

8.8A

The Exhibiting Artist understands that any requests for the cessation of use of the intellectual property by Aspire Gallery, will prevent them from fully assisting the Exhibiting Artist.

9.

Delivery

It is the responsibility of the Exhibiting Artist to deliver, insure, package and transfer the Exhibition Pieces to and from the Agreed Space.

10.

Installing, demounting and moving

10.1

It is the responsibility of the Exhibiting Artist to contact Aspire Gallery to arrange access to the Agreed Space to install, hang and remove their Exhibition Pieces.

10.2

Where necessary and only when pre-arranged Aspire Gallery may agree to assist the Exhibiting Artist with installation, hanging and removal of the Exhibition Pieces.

10.3

Aspire Gallery is not responsible for any damage caused by Aspire Gallery in the situation outlined in clause 10.2.

10.4

The Exhibiting Artist may only use the Agreed Space.

10.4A

The Agreed Space will be identified to the Exhibiting Artist during the initial Agenda based meeting and during the installation of the Exhibition Pieces.  

10.4B

Aspire Gallery agrees to be exceedingly careful with your work but we take no responsibility for theft, loss or damage to your work.

10.5

The Exhibiting Artist may not, without prior consultation and consent from Aspire Gallery, manipulate or change the Agreed Space or anything relating to the layout of Aspire Gallery or its products.

10.6

The Exhibiting Artist agrees to discuss installation procedure and hanging requirements before installing their exhibition pieces. 

10.7

The Exhibiting Artist agrees to use removal blu-tac only within Aspire Gallery.

10.8

The Exhibiting Artist agrees to consult and obtain consent from Aspire Gallery before using any equipment in Aspire Gallery.

10.8A

The Exhibiting Artist agrees to return Aspire Gallery to the condition it was in prior to the Exhibiting Period.

10.9

Aspire Gallery has the right to withdraw work from the exhibition as outlined in Aspire Gallery’s Terms and Conditions or if deemed incompatible with Aspire Gallery’s standards.

11.

Exhibition costs

11.1

The rent for the use of the Agreed Space will be provided (‘the Exhibition Rent’).

11.2

No costs shall be incurred by either party in the name of the other party without the prior written approval of the party liable to pay the costs.

11.3

The Exhibiting Artist will on the date of this Agreement pay a non-refundable deposit of 40% of the Exhibition Rent (including GST) which secures the space for the Exhibiting Artist.

11.4

The balance of the Exhibition Rent must be paid 2 weeks before the Exhibition Opening.

11.4A

The Exhibiting Artist agrees to pay a bond of $300 which will be returned to the Exhibiting Artist after the Exhibition Period if:- 

  1. there was no damage done to Aspire Gallery or any of its stock or other artwork during the Exhibition Period
  2. clauses 8.7 and 10.8A regarding cleaning Aspire Gallery are fulfilled.

11.5

Aspire Gallery has no obligation to proceed with the Exhibition if the full Exhibition Rent and bond have not been received prior to the Exhibition Opening.

12.

Printed Invitations

12.1

Invitations are to be printed and designed by the chosen company of Aspire Gallery, unless alternative arrangements have been made with the gallery director. A choice of templates is provided. This is maintain a consistent high quality in the invitations and branding of the gallery, and to minimise the cost for the Exhibiting Artist.

12.2

The Exhibiting Artist agrees to use the Aspire Gallery logo in all printed advertising, invitations and catalogues. The logo is available on request from the Gallery Assistant.

13.

 Insurance and public safety

13.1

It is the Exhibiting Artist’s responsibility to insure for loss and damage to the Exhibition Pieces of any kind including fire, theft, damage and other foreseeable perils.  

13.2

It is the Exhibiting Artist’s responsibility to ensure their Exhibition Pieces do not cause injury or harm to any person. 

13.2.1

Aspire Gallery is permitted to move the Exhibition Pieces if the operators of Aspire Gallery perceive potential for harm or injury, however, It is ultimately the Exhibiting Artist’s responsibility that no harm or injury is done to any person from their exhibition pieces.

14.

Consignment and Commission

14.1

During the Exhibition Period  ownership of the Exhibition Pieces shall, prior to any sale taking place, be retained by the Exhibiting Artist but physical possession on a consignment basis shall be held by Aspire Gallery.

14.1A Payments made to Aspire Gallery during the Exhibition shall be processed in line with Aspire Gallery's standard payment protocols after the Exhibition. Additional costs incurred during the Exhibition such as EFTPOS or postal charges and the like shall be automatically deducted from the Payment and will be displayed on a remittance provided to the Exhibiting Artist.

15.

Deposit

The Exhibiting Artist agrees to pay a non-refundable deposit of 40% upon signing this Agreement which secures the space. 

16.

Exhibiting Artist Bank Details

The Exhibiting Artist agrees to provide Aspire Gallery with their bank details for any reimbursement of funds or sales.

17.

Termination

17.1

We may immediately suspend, terminate or limit your access to the gallery if:

17.1.1

the Exhibiting Artist are in breach of these terms and the breach is something which cannot be remedied, or you fail to remedy the breach within 30 days' of our written notice to you of that breach; or

17.1.2

you have provided false, misleading or incomplete information to us or others; or

17.1.3

we believe that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or  limit your access; or  

17.1.4

you fail to make a payment when due; or

17.1.5

you are misusing or threatening to misuse any trademark or other intellectual property belonging to us; or

17.1.6

the law requires us to do so; or

17.1.7

we believe on reasonable grounds that providing access to the Agreed Space is illegal or may become illegal; or

17.1.8

where your nominated payment method is refused or dishonoured; or

17.1.9

there is an emergency; or

17.1.10

we cease to provide the service, for whatever reason.

17.2

Each party has the right to terminate their Agreement with at least two months written notice prior to the Exhibition opening. 

17.2.1

If the Agreement is terminated by the Exhibiting Artist outside the minimum timeframe outlined in 17.2 then the Exhibiting Artist will be required to pay the Exhibition Rent, unless the Exhibiting Artist is able to find a suitable replacement.

17.2.2

If the Agreement is terminated by Aspire Gallery within or outside the minimum timeframe outlined in clause 17.2 then all payments provided to Aspire including the deposit will be refunded.

17A.

Disputes

Neither party may start court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has first complied with this clause.

A party claiming that a Dispute has arisen must notify the other party in writing of the event occurring that has given rise to the Dispute.

If a Dispute is not resolved within a 20 day working period (or if the parties agree a longer period, that longer period), of a Dispute being notified under clause 7.2, the Dispute must be referred:-

(a) for mediation, in accordance with the Australian National Mediation Standards; and

(b) to a mediator agreed by the parties, or if the parties do not agree on a mediator, a mediator nominated by the then current President of the Queensland Law Society (or the President’s nominee).

18.

Affirmation

This Agreement constitutes the entire Agreement and understanding of the parties, neither party will assign its rights under this Agreement to a third party, except in the event of the sale of their business in which case the new proprietary owner must agree to fulfil this Agreement.

Variations. The Exhibiting Artist agrees to minor amendments and additions to this Agreement from time to time. The latest Agreement is always available upon request. If the Exhibiting Artist does not accept the changed conditions, they may terminate this Rental Agreement and Aspire Gallery will provide a refund minus the non-refundable Deposit unless the Exhibition Period has started.  

Severability. If any provision (or part thereof) of this Agreement is deemed to be unenforceable or invalid, such provision (or part thereof) will be severed without affecting the enforceability or validity of any other provisions of this Agreement unless such severance would substantially alter the commercial efficacy and intent of the remaining provisions of this Agreement.

Acceptance. If the Exhibiting Artist pays the Deposit for the Agreed Space and is accepted by Aspire Gallery than that will constitute an acceptance of this Rental Agreement.

About Aspire

Aspire is an art gallery and treasure shop found in the heart of Brisbane's No 1 Art Precinct.

At Aspire we love artistic and designer art, jewellery and giftware.

 

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07 December 2017
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