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| Name | ArtPeople Service Agreement |
| Artist | Ali Meamar |
| Description | |
ArtPeople Service Agreement
i) The Art Placement Program
We carefully source and research potential venues and artists.
Using both hi tech strategic analysis and old fashioned industry experience to select the most suitable art pieces for the most appropriate exhibitions; Designing and managing the promotional events to show each artist and his or her work to best advantage. In essence, a professional match making service designed to introduce the creator to their audience.
ii)Web Site Access
An added benefit of ArtPeople representation of oneÃÂÃÂÃÂÃÂs own, self-editable online art portfolio, where the artist can easily post and edit their artistÃÂÃÂÃÂÃÂs statement, images, etc. ArtPeople uses this web portfolio to help art buyers and exhibitors to access and select artistÃÂÃÂÃÂÃÂs works for display and purchase. Listing in the ArtPeople directory will also help to drive traffic to an existing web site.
iii)Working with Buyers
ArtPeople will seek out press, interior designers, museum curators, gallery owners and art collectors to develop working relationships with them over time to encourage them to regard the ArtPeople portfolio as their definitive contemporary art resource.
Fees
Like most agents, we charge a set up fee, ($100) and a small monthly retainer, ($100 per month), which also provides the artist with an online editable web portfolio of their works. We use this site to direct prospective clients to a professional ÃÂÃÂÃÂÃÂvirtual exhibitionÃÂÃÂÃÂÃÂ from which to more easily select work for show or for sale.
Commission:
Sales:
ArtPeople and the exhibiting host venue share a total 45% commission on sales resulting from a show. The exact division of this commission may vary from one venue to another. Sales from the ArtPeople Gallery are subject to 50% commission.
Brokers Fees:
ArtPeople charges a brokers fee of 25% on sales resulting from ArtPeople introductions, events, exhibitions, etc.
Payment
ArtistsÃÂÃÂÃÂÃÂ payments will be paid at the end of one month, after the sale of the artwork. The payment will consist of total sales including tax minus ArtPeopleÃÂÃÂÃÂÃÂs and any otherÃÂÃÂÃÂÃÂs commission, not to exceed 45%.
ArtPeople agrees to use reasonable best efforts to promote the work of member artists, using the methods described. However, we make no representations or warrantees as to the effectiveness of these methods, or the sales that might result from them. Membership does not guarantee that the artist will be scheduled for either paid or unpaid exhibitions- either in the gallery or at other venues.
Exclusivity
Members are free to engage multiple agents/representatives to promote and sell their work. ArtPeople does NOT require any exclusivity in this respect.
Members are free to use the ArtPeople web site to facilitate the sale of their own work. Sales made without the assistance, involvement or intervention of an ArtPeople representative are not subject to ArtPeople fees or commissions.
Termination of Service
Members have the right to terminate service without cause at any time. ArtPeople retains the right to terminate service without cause at any time. Written termination notice must be given by terminating party.
Termination will be deemed effective as agreed between the parties. Monthly fees will be calculated on a pro rata basis, based on the time that the last artwork is removed from exhibition.
In the event of termination by either party:
All works will be available for collection by their owners, upon the conclusion of the current exhibition(s). Removal of work from an exhibition, prior to the agreed upon end date, is strictly prohibited unless ArtPeople has provided explicit written consent to that effect. Removal of artwork from an exhibition without formal ArtPeople consent will incur fines of $50 per piece. Such fees and fines will be charged to the member.
After final termination of membership, sales made by referral from ArtPeople will be paid a brokerage fee. The ArtPeople referral must be received in writing by the artist before the completion of the sale.
Limitation of Liability
Web Site
Neither ArtPeople nor our members or content providers, directors, officers, employees, partners, licensors, or agents will be responsible or liable to member web site users for any direct, incidental, consequential, indirect, or punitive damages that result from their access to or use of the functionality or content on our site.
Gallery
Neither ArtPeople nor our members or content providers, directors, officers, employees, partners, licensors, or agents will be responsible or liable to artists or members for any direct, incidental, consequential, indirect, or punitive damages that result from their access to the exhibiting venue or the physical display of artwork.
Although some venues may carry insurance, it is important that members understand that ArtPeople is not obliged to do so. ArtPeople is NOT liable for the safety of the artwork. The artist is obliged to take all appropriate and necessary steps to ensure that the art pieces are insured for exhibition.
Additional Terms
Members are bound by this agreement when they access our site, subscribe to our services, and until such time as they have terminated their membership. This agreement is governed by the laws of the State of California. Venue for any action representing this Agreement, or use of Content shall be in the state and federal courts sitting in California, and members hereby consent to the jurisdiction of such courts. We reserve the right to make changes to our website and to this agreement at any time without notice.
Taxes
All member artists are responsible for their own sales tax. Artists should have a resale license. ArtPeople will charge sales tax on pieces sold through ArtPeople, or our exhibiting venues, and will pass this sum on to the artist. It is the artistÃÂÃÂÃÂÃÂs responsibility to disclose and pay these taxes.
The following terms and conditions apply to the web site and the service:
Ownership of ArtPeople Web Site and Content
The ArtPeople site is also referred to as ÃÂÃÂÃÂÃÂweÃÂÃÂÃÂÃÂ and ÃÂÃÂÃÂÃÂourÃÂÃÂÃÂÃÂ. All content included on our website, such as photographs, illustrations, images, text, audio clips, video clips, and software (referred to as Content) is either owned by ArtPeople, our members, or our Content providers. All Content is protected by USA and international copyright laws. For the protection of ArtPeople, our members, and our Content providers, images may be watermarked and/or digitally watermarked.
ArtPeople Service and Web Site
We reserve the right to refuse service to anyone.
We reserve the right to delete or remove any undesirable or inappropriate material without written notice.
Anyone found to have posted inappropriate material will have their membership terminated, their files deleted, and will be subject to legal action.
We reserve the right to change the published set up fees for new memberships, at any time, with written notice.
We reserve the right to change published monthly fees for existing or new members, at any time with written notice.
We reserve the right to change published commission on sales/brokerage fees, either up or down, for existing or new members, at any time, with written notice.
Changes to commission rates and brokerage fees will affect all new installations, but will not affect existing ArtPeople installations and exhibitions.
Members Use of the Content
Members(you/subscribing artist) may not reproduce, distribute, transmit, print, Content or transfer Content on any tangible medium, or otherwise exploit Content that does not specifically belong to you in any way. In particular, Content that is not specifically yours may not be included in any other publication or product, or on any other Web site, including personal Web sites, or on any computer network, unless said Content specifically belongs to you. Pornographic, defamatory, or otherwise unlawful use of the Content is prohibited. In addition, you must abide by all other terms, conditions, and restrictions contained in any other agreement associated with the Content throughout our site.
Trademark Ownership
ArtPeople and their respective logos are registered trademarks of ArtPeople. You may not use our trademarks without our explicit written permission.
Non Compete Clause
Members may not, under any circumstances, set up or attempt to arrange exhibitions for themselves or other artists, with any venue currently or previously served by ArtPeople. A full list of such venues is available upon request. This restriction will continue for a period of 1 year after a membership has been terminated by either party.
Disclaimers regarding the art promotion service
The ArtPeople Service is provided to you on an ÃÂÃÂÃÂÃÂas isÃÂÃÂÃÂÃÂ basis. We make no warranties of any kind, either express or implied, including but not limited to the implied warranties of sales, fitness for a particular purpose, or non-infringement to the fullest extent permissible pursuant to applicable law.
New Member Artist
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Print Name ______________________________________________________________
Signature _______________________________________________________________
Date ___________________________________________________________________
New Member Mailing Address: ________________________________________________________________________________________________________________________________________________________________________________________________________________________
New Member Telephone Number ____________________________________________
Fax Number _________________________________________________
Cell Number _________________________________________________
Email Address _______________________________________________
Billing Address ______________________________________________
_______________________________________
Visa/MC # _____________________________EXp__________
_______________________________________
New Member Tax Identification Number ______________________________________
Social Security Number ________________________________________
ArtPeople Representative
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Print Name ______________________________________________________________
Signature _______________________________________________________________
Date ___________________________________________________________________ |
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