ASPIRE GALLERY STOCKROOM AGREEMENT v01

This is an Agreement between Aspire Gallery of 53 Kennedy Terrace, Paddington, 4064 and the Exhibiting Artist.
Aspire Gallery agrees to exhibit the agreed pieces of work of the Exhibiting Artist (‘the Stockroom Pieces’) on rotation at Aspire Gallery, 53 Kennedy Terrace Paddington 4064 (‘the Agreed Space’) for the agreed Consignment Period.
The Stockroom Pieces are those pieces agreed between Aspire Gallery and the Exhibiting Artist at the beginning of the Consignment Period, and as updated throughout the Consignment Period where appropriate.
The Consignment Period is that period of time agreed between Aspire and the Exhibiting Artist.
Exclusive Availability
1. The Exhibiting Artist agrees that the Stockroom Pieces will be available exclusively through Aspire Gallery for the duration of the Consignment Period, and agrees to direct any inquiries relating to the Stockroom Pieces (or related commissions sourced through Aspire Gallery) to Aspire Gallery.
Gallery Staffing
1. Aspire Gallery is responsible for the general staffing of Aspire Gallery between the operating hours of 10:30am to 4:30pm, and as appropriate.
2. 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.
Publicity & Promotion
1. Aspire Gallery will undertake their standard publicity and promotion of the Stockroom Pieces.
2. The Exhibiting Artist agrees that Aspire Gallery may use any and all of the Exhibiting Artist’s intellectual property used in during the Consignment Period, including but not limited to copyrights and trade marks for publicity and promotional purposes for the Exhibiting Artist’s Stockroom Pieces.
3. 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 with the promotion of the Stockroom Pieces and the Exhibiting Artist generally.
Delivery
It is the responsibility of the Exhibiting Artist to deliver, insure, package and transfer the Stockroom Pieces to and from the Agreed Space.
Installing, demounting and moving
1. Aspire Gallery will hang and/or install the Stockroom Pieces, unless organised with Aspire Gallery.
2. Aspire Gallery is not responsible for any damage caused by Aspire Gallery during hanging, installation or removal.
3. The Stockroom pieces will be rotated throughout the Exhibition Space throughout the Consignment Period, and may be included in current Exhibitions that Aspire Gallery hosts during the Consignment Period, where appropriate.
  1. The Exhibiting Artist understands that not all of the Stockroom Pieces may be on show at all times, depending on capacity of the Exhibition Space at the time, and will be rotated as Aspire Gallery deems appropriate.
4. Aspire Gallery agrees to be exceedingly careful with your work but we take no responsibility for theft, loss or damage to your work.
5. The Exhibiting Artist agrees to discuss installation procedure and hanging requirements before the installation of their work.
6. Aspire Gallery has the right to withdraw work from the exhibition or if deemed incompatible with Aspire Gallery’s standards.
Insurance and public safety
1. It is the Exhibiting Artist’s responsibility to insure for loss and damage to the Stockroom Pieces of any kind including fire, theft, damage and other foreseeable perils.
2. It is the Exhibiting Artist’s responsibility to ensure their Stockroom Pieces do not cause injury or harm to any person.
Consignment and Commission
1. During the Consignment Period ownership of the Stockroom 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 Consignment Period shall be processed in line with Aspire Gallery’s standard payment protocols after the Consignment Period. Additional costs incurred during the Exhibition such as any relevant EFTPOS, transaction fees, agreed discounts by the Exhibiting Artist or postal charges (not paid by the customer) and the like shall be automatically deducted from the Payment and will be displayed on a remittance provided to the Exhibiting Artist.
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 the display of the Stockroom Pieces 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 display; 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 displaying the Stockroom Pieces 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 one month written notice.

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 fulfill 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.