GENERAL TERMS AND CONDITIONS ART FAIRS

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The General Terms and Conditions below also apply to the Nationale Kunstdagen. In that case 'De Kunst Collega's' should be read as follows: Stichting Kunstweek.

                                                   

General Terms and Conditions relating to art fairs organised by De Kunst Collega's


1. General
2. Registration for participation
3. Changing and cancelling participation by participant
4. The exhibition
5. Presentation possibilities and design of the stands
6. Quality of the works of art
7. Delivery and collection
8. Sale of exhibited works
9. Mention of names of exhibiting artists and publication of pictures of works
10. Insurance
11. Costs
12. Liability, suggestions and complaints
13. Other provisions

1. General
a. The art fairs organised by De Kunst Collega (hereinafter "the Fair" or "Fairs") take place on various dates, at various locations in the Netherlands and Belgium.
b. The Fairs offer artists and designers a platform to show artworks and design objects to a large public, to make contacts with interested parties and to sell their work to visitors to the Fairs during and after the Fairs.
c. Each Fair has its own identity with its own website and e-mail address.
d. The organisation of the Fairs is taken care of by De Kunst Collega's B.V. (hereainfter 'the Organisation'). A fair manager is in charge of the organisation of each Fair.
e. The costs for rent, heating and cleaning of the various locations, the basic furnishing of the exhibition, the crew, sending press releases, newsletters and suchlike, the construction and keeping up to date of the websites, the general management and administration, ticket sales, printed matter, correspondence and so on, are covered by the Organisation.
f. Artists who wish to present themselves at art fairs organised by De Kunst Collega's (hereinafter "Participant" or "Participants") accept these General Terms and Conditions fully and unconditionally.

2. Registration for participation
a. Artists must register for participation in a Fair in accordance with the procedure as set out on the website of the relevant Fair.
b. Applications to participate will be assessed by members of a committee that is professionally involved in the visual arts (hereinafter 'Ballotage Committee').
c. The initial assessment of the applications takes place by evaluating the supplied images of work that is representative of what the artist wishes to exhibit during the relevant Fair, and possibly the resume of the artist in question.
d. If the Ballotage Committee requires further information, the artists can be asked for it.
e. After assessment by the Ballotage Committee and approval by the Organisation, participation is confirmed by e-mail to the artists who have applied to take part.
f. After the balloting, it is announced which artists have been admitted to the relevant Fair and how these artists can effectively register if they have not yet done so (depending on the relevant application procedure).
g. Participants will receive further information about the details of their participation in a confirmation of participation. In the lead-up to the Fair, Participants will be informed by email several times. For this purpose, the e-mail address that the Participant filled in on the registration form will be used.
h. Participants must take note of the information sent and react to it if necessary.
i. Artists who are not admitted as participants will be informed of this by e-mail. Any ballotage/registration or participation fees paid will then be refunded in full.
j. A stand can be shared in some cases. This is subject to the provisions for sharing a stand.
k. It is not possible to choose a specific location for the stand at every Fair. However, it is possible to indicate a preference, which will be taken into account as best as possible by the Organisation. However, no rights can be claimed from this.
l. The additional stand facilities offered in the registration form are available as long as stocks last and the possibilities allow. If an additional facility ordered at the time of registration is not or no longer available, the Organisation will inform the Participant as soon as possible.

3. Modification and cancellation of participation by Participant
a. Extensions of participation can be requested by Participant in writing up to 30 days before the Exhibition takes place. Enlargement of the stand is free of charge (except for the extra costs for the enlarged stand).
b. Restrictions on participation can be requested in writing by the Participant up to 30 days prior to the Exhibition. Restrictions are only accepted with the approval of the Organisation. In case of reduction of the stand, € 45,- (excl. VAT) in processing costs (among others confirmation, administration, adjustment of floor plan) are due.
c. Changing the (optional) exhibition location chosen at registration is possible. However, only in as far as other places are available and in as far as the Organisation approves the requested change.
d. Cancellation of participation must be made in writing to the Organisation by e-mail or ordinary mail. Cancellation is usually confirmed by the Organisation within five working days.
e. In case of cancellation within 14 calendar days after registration (legal reflection period), no fee is due.
f. In case of cancellation up to four months before the (first day of the) Exhibition, 30% of the total participation costs are due.
g. In the event of cancellation up to two months before the Exhibition, 50% of the total participation costs shall be due.
h. In the event of cancellation less than two months before the Exhibition, the full participation costs shall be owed, irrespective of the reason.
i. If a Participant does not exhibit on one or more days of the Fair without cancelling, the full participation costs are owed, regardless of the reason.
j. If Participant has arranged cancellation protection for the participation costs upon registration, the General Provisions for Cancellation Protection shall apply.

4. The exhibition
a. If it is explicitly stated at the Exhibition, Participants can opt for an A-location upon payment of a certain amount. The Organisation determines the exact location of the A-location. An A-location has a favourable location. The availability of A-locations is subject to the proviso that supplies last.
b. Participants may talk to visitors during the exhibition in the immediate vicinity of their exhibited works of art.
c. Participants may hand out leaflets, postcards and/or business cards to visitors. They are also allowed to place folders, postcards and/or business cards on a tray made available by the Organisation (tray size: A4 landscape).

5. Presentation options and stand design
a. Each Participant will have an exhibition space reserved for him or her in the form of a stand with hard walls at his or her disposal.
b. The Participant can be assisted in the delivery of the works to be exhibited and during the set-up of the exhibition space. The Participant is also allowed to be assisted in collecting the works and in dismantling the exhibition area.
c. If a stand can be enlarged, this will be charged a fee indicated by the Organisation.
d. Hanging works in the stand will be attached with perlon cords, suspension hooks and adjustable hooks. Cords and hooks will be made available by the Organisation. Each cord can carry 12 kg and it can be specified on site how many suspension systems are needed.
e. Under no circumstances may drilling, screwing, etc., be carried out in the walls of the exhibition area. Only stickers provided by the Organisation may be affixed to the walls.
f. For the use of a presentation platform, name badges, the stand, suspension systems, a table and/or chair and any other rented extras, a cash deposit of € 50,- is due which will be refunded in full and in cash after the Fair, when all the goods made available have been returned undamaged.
g. Caused damage, for instance to the exhibition walls and/or rented materials, will be charged to the Participants concerned and, as far as the deposit is sufficient, deducted from the deposit.
h. The Participants must bring their own pedestals and any other attributes for exhibiting three-dimensional works, whether standing or lying.
i. Because of the desired peace and harmony, the use of self-brought light spots, chairs and tables is not allowed.
j. It is not allowed to place or hang works and possibly a chair and/or table outside the rented stand space without explicit permission of the Organisation.
k. In some cases the outside and/or back side of a stand can (also) be used for exhibiting hanging works. In those cases that this is possible, a fee indicated by the Organisation is due.
l. The Organisation has tables available, which can be rented. When renting a table, a black cover is included for a nice, quiet presentation.
m. Per stand a maximum of 1 table and 1 chair is allowed.
n. Only in the stand a maximum of 1 sign (name, website etc.) is allowed. An additional name sign may not be higher than 15 cm high and 40 cm wide, without explicit permission from the Organisation.
o. If the Organisation provides name indication on the stand, a maximum of 25 letters and characters may be applied to the name plate. If more letters and characters are desired, more name plates must be made or smaller letters and characters must be used. Additional name plates are subject to a fee.
p. The walls of the stands are 2.5 metres high. All works must fit within the rented exhibition space in width and depth.
q. There is a minimum distance of 10 cm between the works to be exhibited.
r. For the sake of a calm presentation and a professional image, it is not allowed to place 2D works on the floor.
s. Exhibiting works above and below each other is strongly discouraged. It is preferable to exhibit works side by side. This is also for the sake of a calm presentation and a professional look.
t. Installations can be exhibited after consultation with the Organisation, including duration and time of construction.
u. It is not allowed to dismantle the stand during opening hours of the Fair.
v. It is not allowed to offer refreshments in the stand, other than from the caterer.

6. Quality of the works of art
a. Participants are free to decide which works to exhibit; there are no restrictions in terms of style, materials used or age. It is assumed that all the exhibited works are of the same level or higher than those that have been balloted.
b. Participants may only exhibit and offer for sale their own art at the Fair. Galleries are excluded from this.
c. The works to be exhibited must be dry (paint/glue) and may not contain any sharp objects, toxic or otherwise dangerous substances.
d. The works to be exhibited must be completely ready for exhibition, i.e. framed (or stretched) and provided with a solid suspension system or, in the case of a sculpture, ready to be placed.
e. Formats of the works of art: they may be up to 240 cm in height and must fit within the width and depth of the rented exhibition space.
f. The Organisation has the right to refuse the exhibition of one or more works of art. In this case, there is no question of any compensation from the Organisation, nor is the Organisation obliged to make its motives known.

7. Delivery and collection
a. The stand must be arranged on the day or days before the first day of the exhibition within the time period specified by the Organisation. The times when the stand must be arranged will be announced to the Participants well in advance.
b. Participants can indicate a preferred time for setting up the stand. This must be made known to the Organisation by e-mail at least 2 months before the first day of the exhibition, so that it can be taken into account as far as possible in the time allocation.
c. Additional costs are charged for setting up the stand outside the specified time period. These extra costs amount to € 70,- (excl. VAT).
d. Unsold works of art must be collected after the end of the Fair, on Sunday between 17.40 and 20.00 hrs. Collection outside these times at a possible different location costs € 70,- (excl. VAT). The Organisation is not liable for any damage occurring after the indicated collection times (Sunday between 17.40 and 20.00 hrs).
e. If the works of art are not collected on the indicated day and time, storage costs are due. These costs are €10 per work per 24 hours for the first seven calendar days, starting on the last day of the exhibition. Thereafter € 5 per work per 24 hours (amounts include VAT).
f. If a work has not been collected three months after the Exhibition, it shall revert to the Organisation for no consideration. In this specific situation, Participant already now agrees to the legal transfer of the work of art concerned to the Organisation.

8. Sale of exhibited works
a. The exhibited works of art may be offered for sale and sold on the spot or at a later date.
b. The Participant determines the selling prices of the exhibited works of art. These are inclusive of VAT and are stated on the stickers which Participant receives from the Organisation and which Participant may place next to the works of art.
c. No commission is owed to the Organisation in the event of a sale.
d. If an exhibited work is sold and immediately taken away by the buyer, it may be replaced by another work that is of the same level or a higher level than the balloted work. If the work is not taken, the sale will be announced on or near the work, preferably with a red sticker.
e. If it is not the Participant but the Organisation that effects and/or handles a sale, € 30 administration costs will be deducted from the payment of the sales price.

9. Mention of names of exhibiting artists and publication of pictures of works
a. The Organisation will mention the names of the Participants in the manner and at the location of its choice. As a rule, this includes a mention on the website of the Fair, in the catalogue and on the floor plan.
b. These entries are free of charge for the Participants, unless explicitly agreed otherwise in advance. If costs are involved, these will be explicitly announced to the artists concerned, for which the artists are free to give their permission or not.
c. Participants grant the Organisation the right to use images of their works without further authorisation and without payment for publication solely for the purpose of promoting the Fair.

10. Insurance
a. If Participant has indicated such a wish, the works to be exhibited are insured on the day prior to the Fair and on the days of the Fair itself, from the moment of placement in the stand until the moment of removal from the stand.
b. An insurance form must be completed and handed in immediately after the stand has been set up.
c. There are costs associated with the insurance of the works, which will be indicated to the Participants by the Organisation.
d. The Organisation is not liable for anything other than the exhibited works of art and only insofar as these are covered by the insurance.

11. Costs
a. Participation fees are due for participation in the Fair. The participation fee will be communicated by the Organisation to the Participants upon registration for participation. The participation costs depend on the size of the stand and the extras that can be hired, such as extra lighting and furnishing of the stand.
b. It is possible to choose to make use of certain extra services or products. As a rule, costs are charged for these.
c. Any discount applies within the specified period and is never combined with any other discount, the highest discount valid at the time of application counts.
d. The invoice for participation must be paid no later than three months before the Exhibition takes place, unless agreed otherwise in writing. A payment term of fourteen days applies to registrations made after three months before the relevant Fair.
e. The invoice for participation must be paid within the stipulated period, unless otherwise agreed in writing. In the event that payment is not made on time, the Organisation is entitled to pass on the collection of the amount due to the Participant, with the costs being charged to the Participant. In case of late payment, the Organisation is entitled to charge interest at the legal rate from the due date of the invoice.
f. All amounts mentioned in these General Terms and Conditions are exclusive of VAT, unless stated otherwise.

12. Liability, suggestions and complaints
a. The Organisation shall continually strive to improve all aspects of the Fair and optimise the service to Participants and visitors. Suggestions for improvement of the service are highly appreciated and suggestions which lead to an improvement of the performance, more visitors or lower costs, e.g. by better purchasing or less personnel costs, will be rewarded once with a share of the benefit.
b. Despite the great care taken in fulfilling agreements made, it may happen that the Organisation makes a drop. Complaints must be made in writing to the Organisation within ten days after the reason for the complaint arose. In all cases, a response to a complaint will be given within one week.
c. No person shall be liable for the actions of the Organisation. In case of differences of opinion, complaints and other matters that may arise, the legal entity within which the Fair operates, De Kunst Collega's B.V., can be addressed.
d. Liability, for whatever reason, is in all cases limited to the sum of the participation fee paid to the Organisation by the Participant in question.
e. The Organisation is not liable for any damage whatsoever to works of art, at any time: not during the exhibition, not during storage and not during transport nor on the way to or from the Exhibition. Insurance can be taken out for damage to and theft of the exhibited works of art.

13. Other provisions
a. The Organisation and the third parties brought in by it are not liable for any damage, direct and/or indirect, arising from or in any other way connected with the design, care and execution of the Fairs. In the event that works are damaged by the Organisation, the damage will be compensated in so far as it is covered by the insurance.
b. Despite the care taken by the Organisation in managing its website(s) and the set-up, care and execution of the Fairs, it is possible that the information provided and/or displayed is incomplete or incorrect. Printing, spelling, typesetting or other errors in the material published by the Organisation, of whatever nature, cannot be blamed on the Organisation and can in no way constitute an obligation for the Organisation.
c. The Organisation reserves the right to change the location of the Exhibition if, in the opinion of the Organisation, there are compelling reasons for doing so. Participants in this case retain exhibition space of the same size. In the event of a change of location, the Participants cannot claim compensation or reduce the amounts connected with their participation. Nor can the Organisation charge the Participants for the costs of the change of location.
d. The Organisation reserves the right to cancel or postpone the Fair without prior notice, without being liable in any way for compensation towards Participants or third parties. In the event of cancellation, all costs paid for participation shall be refunded within 14 days after deduction of 10% of the costs.
e. If the Fair must be cancelled, postponed, modified or shortened as a result of force majeure or unforeseen circumstances, such as fire, storm damage, flooding, threat of terrorism, calamity at the Fair location (e.g. bomb threat or danger of collapse), a government measure, inaccessibility of the Fair location, threat of war or an epidemic/pandemic, the Organisation can under no circumstances be held responsible for the consequences. In these cases, Participants cannot claim compensation or restitution of amounts due and/or paid for participation. In such cases, the Organisation will make every effort to allow a cancelled Fair to take place at a later date, or to offer Participants participation in one or more other Fairs organised by the Organisation. Until now, a cancellation by the Organisation without a shift has never occurred at any Fair organised by the Organisation.
f. The Organisation reserves the right to exclude a Participant from participation if the Participant in question acts in any way contrary to these General Terms and Conditions, or in the judgement of the Organisation is seriously offensive with behaviour, with the works to be exhibited or otherwise. Exclusion from participation can also follow when acting contrary to the spirit of the General Terms and Conditions.
g. Agreements between the Organisation and the Participant that deviate from these General Conditions are only applicable if they have been laid down in writing.
h. The provisions in these General Terms and Conditions can be adjusted at any time without further notice. Agreements made before the amendment will remain in force with the conditions applicable before the amendment.
i. If an article of these General Terms and Conditions does not apply, the other articles shall remain in full force.
j. This version of the General Terms and Conditions is effective as of 21 January 2022. The Dutch version of the General Terms and Conditions applies. Translations serve as a guide for those who do not understand the Dutch language.
k. In the event of differences of opinion regarding the interpretation of the provisions of these General Terms and Conditions, the opinion of the Organisation shall be decisive.
l. In cases where these General Terms and Conditions do not provide, the Organisation shall judge and act according to reasonableness.
m. Any dispute regarding the validity, interpretation, execution or termination of these General Terms and Conditions and the agreement of which these conditions are part, will be exclusively settled by the Court of Breda. The agreement between the Participant and the Organisation (De Kunst Collega's B.V.) is governed by Dutch law.