By applying for inclusion in the Tiki Kon Art Show, Artist consents to be bound by the following agreement.
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. The consignment rate shall be 10% of the total sale price.
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 2 days: the Friday and Saturday of Tiki Kon weekend, June 30 through July 1, 2023. 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. Payment must be made by buyers at the Tiki Kon on-site gift shop.
5. DISPLAY. Artworks will be on public display at the Tiki Kon conference, June 30-July 1, 2023. Tiki Kon and the Art Show Coordinator maintain sole control over the display, placement, lighting and labeling of the Artworks under consignment.
6. PREPARATION AND DELIVERY. Upon accepting artists into the show, the Art Show Coordinator will reach out to Artists about delivery of approved Artworks. They must be delivered framed and ready for display, as instructed by the Art Show Coordinator. If artwork is received not ready for display as instructed, Artist is responsible for any additional materials and labor expenses needed to make Artworks ready for display, to be deducted from proceeds of sale or paid by Artist prior to the return of unsold Artworks. 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 and return any unsold Artworks to the Artist.
a. If being shipped to Tiki Kon, artworks must be received by the Art Show Coordinator no later than June 21, 2019, unless alternate arrangements have been made with the Art Show Coordinator. Artworks not received by that date may be excluded from the show at the Art Show Coordinator’s discretion. Tiki Kon is not responsible for loss or damage that occurs during shipping.
b. By special arrangement with the Art Show Coordinator, the Artworks may be delivered in person, but must be received no later than 9:00 AM on Friday, June 30, at the art show room.
c. Unsold Artworks must be picked up in person from the art show room between 10:00-11:00 PM on Saturday, July 1, unless a shipping agreement has been made with the Art Show Coordinator in advance and Artist pays for return shipping. If Artworks aren't picked up by that time, and no shipping arrangement has been made in advance, Tiki Kon will assess a $100 service and handling fee to be paid by Artist before Artworks are shipped, in addition to shipping costs.
d. If anyone other than the Artist is to retrieve unsold Artworks at the end of the show, 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 in writing by the Artist and Tiki Kon. Buyers must pay for Artworks at the Tiki Kon on-site gift shop. Payment to the Artist shall be made by check within three (3) weeks following the date of sale. Artists must provide a signed IRS W-9 form prior to artworks being displayed. This form can be sent by email, shipped with the artwork(s), or hand delivered prior to the show.
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 to Tiki Kon; then title passes directly to the purchaser. Tiki Kon assumes ownership of Artworks not picked, or for which return delivery has not been arranged with the Art Show Coordinator, within 30 days after the consignment period ends.
10. 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.
11. 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.
12. 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.
13. 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 or in-person pickup of Artworks. Pick-up or payment for return shipping must be made within 30 days of termination, or Tiki Kon will assume ownership of Artworks. 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 30 days.
14. AMENDMENTS. Amendments to this Agreement must be presented in writing and signed by both Artist and Tiki Kon.
15. 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.
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