Tiki Kon Art Consignment Agreement
THIS IS A BINDING CONTRACT. PLEASE READ CAREFULLY. By submitting this application, you agree to the following:
1. AGENCY; PURPOSES. The Artist appoints Tiki Kon as agent for the works of art (“Artworks”) consigned under the Agreement, for the purposes of exhibition and sale. Tiki Kon shall not permit the Artworks to be used for any other purposes not described in this Agreement without written consent of the Artist.
2. CONSIGNMENT. The Artist hereby consigns to Tiki Kon and Tiki Kon accepts on consignment, one or more of those artworks listed in this application which have been selected by Tiki Kon for exhibition and sale. A panel of Tiki Kon staff members will review all submitted Artworks by all consignees and select those best suited for exhibition.
3. WARRANTY. The Artist hereby warrants that the pieces are original works that he/she created and to which he/she possesses unencumbered title, and that their descriptions are true and accurate.
4. DURATION OF CONSIGNMENT. Artist and Tiki Kon agree that the term of consignment for the Artworks shall last for 7 days, starting on the Friday of Tiki Kon in the current calendar year, ending at midnight. Artworks sold during the consignment term are subject to the commission rates specified in this Agreement, regardless of whether they are sold by Tiki Kon, the artist, or any other party.
5. DISPLAY. Artworks will be on public display at the Tiki Kon conference. After Tiki Kon, unsold Artworks may be offered for sale through Tiki Kon's online channels for the duration of the consignment term. Tiki Kon and the Art Show Coordinator maintain sole control over the display, placement, lighting and labeling of the Artworks under consignment.
6. DELIVERY. Artworks selected for exhibition must be delivered by Artist framed and ready for display and hanging, as instructed in advance by the Art Show Coordinator. If artwork is received not ready for display as instructed, an additional 10% consignment rate will be applied to sale of the artwork. Shipping arrangements, packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Artist to Tiki Kon, and in their return to the Artist, shall be the responsibility of the Artist. The Art Show Coordinator will make arrangements to receive the Artworks, prepare and present invoices for any return shipping expenses, and return any unsold Artworks to the Artist using the Artist’s preferred shipping method.
a. If being shipped to Tiki Kon, artworks must be received by the Art Show Coordinator at least 2 weeks before Tiki Kon. Artworks not received by then may be excluded from the show at the Art Show Coordinator’s discretion.
b. Artworks may be delivered in person, and unsold Artworks may be retrieved in person at the conclusion of the consignment term, or at an alternate time at the discretion of the Art Show Coordiantor.
c. Unsold Artworks will be shipped back to Artist using the shipping method by which they were originally delivered, unless otherwise requested by Artist. Return shipping expenses are the responsibility of Artist. Within two (2) weeks of completion of consignment term, Tiki Kon will submit an invoice to Artist for return shipping, and Artworks will be shipped back within two (2) weeks of receipt of payment.
c. If anyone other than the Artist is to retrieve unsold Artworks at the end of the consignment term, written authorization from the Artist must be given to Tiki Kon by US mail, electronic messaging, or presented by the person picking up the works. All responsibility for the safe transfer of the works remain with the Artist.
7. RESPONSIBILITY FOR LOSS OR DAMAGE; INSURANCE COVERAGE. Tiki Kon shall not be responsible for loss, theft or damage to consigned Artworks while they are in the custody of the Art Show Coordinator or Tiki Kon, due to Tiki Kon’s inability to establish value of consigned Artwork for insurance purposes regardless of retail price assigned by Artist. However, Tiki Kon relies on its reputation as a trusted consignor and custodian of Artists’ work and will take reasonable measures to ensure theft or loss does not occur, including secure storage of Artworks while in Tiki Kon’s custody and supervision of Artworks during the exhibition.
8. PRICING; COMMISSION; TERMS OF PAYMENT. Tiki Kon shall sell the Artworks only at the retail price specified by the Artist, with commission payment being deducted from the sale price. Any change in the retail price or in Tiki Kon’s commission must be agreed upon in advance by the Artist and Tiki Kon. Payment to the Artist shall be made by check within four (4) weeks following the date of sale.
a. Tiki Kon’s commission for sales of Artworks shall be 10%
b. Artists residing in the United States must submit a completed and signed copy of IRS form W-9 before any payment can be released; form may be sent by email to firstname.lastname@example.org, hand delivered at Tiki Kon, or sent with the artwork.
9. TITLE TO ARTWORK. Title to each of the Artworks remains with the Artist until the Artwork is sold and payment is made by the purchaser; then title passes directly to the purchaser. Unless otherwise agreed in writing, title passes directly to Tiki Kon for Artworks not picked up in person by the Artist within three (3) weeks after conclusion of the consignment term, or for Artworks for which return shipping payment has not been made within two (2) weeks after receipt of invoice from Tiki Kon to Artist for payment of return shipping expenses.
10. USE OF TIKI KON ARTWORK. Artists are encouraged to create works that represent the annual Tiki Kon theme, but due to licensing agreements, submitted works cannot depict any copyrighted Tiki Kon materials, including any past or current Tiki Kon merchandise designs or illustrations.
11. PROMOTION. Tiki Kon shall use its best efforts to promote the sale of the Artworks. Tiki Kon agrees to provide adequate display of the Artworks and to undertake other promotional activities on the Artist’s behalf. Tiki Kon shall identify clearly all Artworks with the Artist’s name, and the Artist’s name shall be included on the bill of sale of each of the Artworks.
12. REPRODUCTION RIGHTS. The Artist reserves all rights to the reproduction of the Artworks except as noted in in this Agreement. Tiki Kon assumes the right to use images of Artworks to publicize and promote the Artworks or the Tiki Kon Art Show, through social media and other means, in perpetuity. In every instance of such use, the Artist shall be acknowledged as the creator of the Artwork.
13. CONDUCT. Artist agrees to not defame, bring into disrepute or otherwise damage the name, goodwill or property of Tiki Kon, Sandy Bottom Productions LLC, any and all Tiki Kon guests, or any other artist, vendor or sponsor. Artist further agrees to not bring complaints of plagiarism without actionable evidence and proof of intellectual property ownership.
14. TERMINATION OF AGREEMENT. This Agreement may be terminated by Artist at any time before commencement of the consignment term. In such case, Artist is responsible for return shipping expenses as described in Section 6 of this Agreement, and subject to loss of title if payment is not made for return shipping as described in Section 9. This Agreement may be terminated at any time by Tiki Kon, for any reason, at which time Artworks will be returned to Artist at Tiki Kon's expense, within 2 weeks of receipt of written notice to terminate by Artist.
15. AMENDMENTS. Amendments to this Agreement must be presented in writing and signed by both Artist and Tiki Kon.
16. FORCE MAJEURE. If Tiki Kon is unable to perform any of its obligations under this Agreement due to events beyond its reasonable control, Artworks will be returned to the Artist, and Tiki Kon will be responsible for return shipping expenses.
By submitting this online application to exhibit Artworks, Artist agrees to the terms of this Agreement in full.