ASPIRE GALLERY COMPETITION, CALLOUT EXHIBITION, & CONSIGNMENT AGREEMENT v01

This is an Agreement between Aspire Gallery of 53 Kennedy Terrace, Paddington, 4064 and the Exhibiting Artist.
1. The Exhibiting Artist agrees and understands that Aspire Gallery’s competition and callout exhibitions are a platform for Artists not a representation-for-lease service. All intellectual property rights remain with the Exhibiting Artist unless otherwise assigned.
This Agreement works in conjunction with the relevant form for the callout or competition at Aspire Gallery and is supported by the relevant Additional Documentation and the Aspire Gallery Terms and Conditions of use.
1. The Additional Documentation refers to applicable Action Lists, Agendas and Hanging Waivers, forms provided leading up to and during the Exhibition Period.
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.
The Exhibition Period is that period of time agreed between Aspire and the Exhibiting Artist.
The Exhibiting Artist agrees to consult Aspire Gallery in regards to all time, food and drink related requests.
Aspire Gallery is a strictly no smoking venue.
Duration
1. The Term of the Agreed Space will be the Exhibition Period and the specified time for installation and demounting.
2. Exhibition Pieces will be installed on an agreed time before the Exhibition opens to the public by the Exhibiting Artist, unless otherwise organised with Aspire Gallery.
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.
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.
5. Aspire Gallery is not liable for any damage which occurs due to the removing outlined in clause
  1. 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) months, 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) month period outlined in clause
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.
  1. 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. 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.
Publicity & Catering
1. The responsibility and costs of additional publicity and promotion are that of the Exhibiting Artist.
2. Aspire Gallery undertakes their standard publicity and promotion prior to the Exhibition
3. 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.
  1. 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.
Delivery
It is the responsibility of the Exhibiting Artist to deliver, insure, package and transfer the Exhibition Pieces to and from the Agreed Space.
Installing, demounting and moving
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.
2. Aspire Gallery will hang and/or install the Exhibition Pieces for all group shows or consignment, unless organised with Aspire Gallery.
3. Aspire Gallery is not responsible for any damage caused by Aspire Gallery during hanging or installation.
4. The Exhibiting Artist work will be installed in the competition or group exhibition space, or nominated space for the consignment period.
5. Aspire Gallery agrees to be exceedingly careful with your work but we take no responsibility for theft, loss or damage to your work.
6. 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.
7. The Exhibiting Artist agrees to discuss installation procedure and hanging requirements before installing their exhibition pieces.
8. The Exhibiting Artist agrees to use removal blu-tac only within Aspire Gallery.
9. The Exhibiting Artist agrees to consult and obtain consent from Aspire Gallery before using any equipment in Aspire Gallery.
10. Aspire Gallery has the right to withdraw work from the exhibition or if deemed incompatible with Aspire Gallery’s standards.
Exhibition costs
If applicable, the Exhibition Costs associated with the competition or call-out exhibition are indicated in the relevant exhibition form.
Other Marketing Material
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.
Insurance and public safety
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.
2. It is the Exhibiting Artist’s responsibility to ensure their Exhibition Pieces do not cause injury or harm to any person.
  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.
Consignment and Commission
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.
2. Unless otherwise specified, Aspire will retain 30% commission on any sales made from the Exhibition.
3. 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 any relevant EFTPOS, transaction fees, agreed discounts by the Exhibiting Artist 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.
Payment
The Exhibiting Artist will make full payment for the Agreed Space prior to Aspire Gallery considering or accepting the Exhibition Pieces.
Exhibiting Artist Bank Details
The Exhibiting Artist agrees to provide Aspire Gallery with their bank details for any reimbursement of funds or sales. Payment from sales will be transferred in line with Aspire Gallery’s standard payment process, please contact Aspire Gallery for a copy of this process.
Termination
1. We may immediately suspend, terminate or limit your access to the gallery if:
  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
  2. you have provided false, misleading or incomplete information to us or others; or
  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
  4. you fail to make a payment when due; or
  5. you are misusing or threatening to misuse any trademark or other intellectual property belonging to us; or
  6. the law requires us to do so; or
  7. we believe on reasonable grounds that providing access to the Agreed Space is illegal or may become illegal; or
  8. where your nominated payment method is refused or dishonoured; or
  9. there is an emergency; or
  10. we cease to provide the service, for whatever reason.

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

If the Agreement is terminated by Aspire Gallery within or outside the minimum timeframe outlined in clause 17, 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 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 Agreement.