1.0 TERMS & CONDITIONS KEY POINTS

 

1.1 Parties Involved 

These Terms & Conditions define the relationship between parties of The East London Art Society [“we/our/us”] and professional members [artists/galleries/studios]. The purpose of this relationship relates to representation, exhibitions, events, advisory, and sales. These Terms 7 Conditions do not apply to or limit any actions the member wishes to carry out without the involvement of The East London Art Society. This agreement does not lock members into any fixed term length or exclusivity terms. 

 

1.2 Role 

The East London Art Society agrees to present, promote, sell, and represent members on a non-exclusive basis, ongoing until cancelled by either party. The East London Art Society will discuss members and their goals with clients, collectors, galleries, and agents. The East London Art Society will pursue potential opportunities for critical writing, exhibitions, and publishing that may be of interest of members. 

 

1.3 Artwork Sales 

The East London Art Society can pursue sales opportunities on behalf of members. This will be done through online platforms, social media, marketing, exhibitions, and events. For all sales our Terms of Sales & Payments will apply. 

 

1.4 Services 

We offer a range of art trade services, including framing, printing, couriers, art hanging, logistics, advisory, appraisal, conservation, and restoration. For all services offered to members our Terms of Art Services will apply. 

 

1.5 Termination of Relationship 

The East London Art Society holds members to no exclusivity obligations or fixed term lengths. Members can terminate the relationship with The East London Art Society at any point. Termination of this agreement does not void terms of any existing exhibition, consignment, or commission agreement. 

 

2.0 TERMS OF REPRESENTATION 

 

2.1 Role 

a. We will act as a non-exclusive representative. Promoting and acting as an agent in whatever capacity agreed upon with the member. 

b. We have the right to use the content supplied to us [text, images, artist/artwork details] to pursue sales, commissions, opportunities, and other representative tasks. 

c. We have the right to use the content supplied to us within our own content [email, website, and social media content and marketing]. 

d. We have the right to create online and printed portfolios, biographies, articles, and press releases for the members 

e. We have the right to discuss the member and artworks with clients, collectors, galleries, and agents. 

f. We have the right to pursue potential opportunities for critical writing, exhibitions, and publishing that may be of interest to our members. 

g. We have the right to pursue any avenue that we feel advocates the members interests. 

h. The member has the right to request The East London Art Society not carrying out any particular action they deem not appropriate for their personal or professional beliefs. Requests must be in writing. 

i. The member has the right to request The East London Art Society not use, remove, or modify any particular content supplied to us. Requests must be in writing. 

 

2.2 Member Warranty 

a. Members hereby warrants that they created and possesses unencumbered title to all artworks displayed and consigned with The East London Art Society and to all content supplied to us, such as images, videos, writing, quotes, and any other related content. 

a. Members hereby warrants that they possesses all unencumbered copyright and intellectual property rights to all artworks displayed and consigned with The East London Art Society and to all content supplied to us, such as images, videos, writing, quotes, and any other related content. 

b. Members hereby warrants that we are allowed to use any content supplied to us to carry out our roles stated in section 2.1. 

 

2.3 Artwork Reproduction 

a. Members reserves all rights to reproduction of the artworks featured with us, except as noted in writing to the contrary. 

b. The East London Art Society is not permitted to copy, photograph or reproduce any artwork beyond the parameters of these terms and conditions without the written permission of the members. 

 

2.4 Consignments & Insurance 

a. All consigned artworks shall be held in care by The East London Art Society and covered by our insurance policies. 

b. All artworks consigned to The East London Art Society must be accompanied by the relevent Consignment Agreements and Consignment of Artworks Inventories. All documents must be signed by all parties. 

c. All artworks not consigned to The East London Art Society shall be held in care by the member and will not be covered by our insurance policy. 

d. The East London Art Society is fully insured against loss and damage for any artworks held under consignment with us. 

e. All locations in which artworks are displayed, exhibited, and stored are fully insured and secured. 

f. All artworks in transit between locations are fully insured. 

 

2.5 Responsibility for Loss or Damage 

a. We shall only be responsible for the safekeeping of consigned artworks while they are in the custody of The East London Art Society. 

b. We shall be strictly liable to the member for their loss or damage [except for damage resulting from flaws inherent in the artworks] to either the net sale value or to the required restoration costs, whichever is cheaper. 

c. Members is not entitled to any compensation for their time in making suitable arrangements to replace the damaged item, nor for loss of exhibition time while the artwork is being replaced. 

d. We shall not be responsible or liable for any artworks not under written consignment and in the custody of The East London Art Society. 

 

2.6 Terms of Art Services 

a. A range of art trade services are offered both by The East London Art Society and 3rd party providers. Including by not limited to picture framing, printing, couriers, art hanging, logistics, advisory, appraisal, artwork conservation, and artwork restoration. 

b. These Terms & Conditions are not valid for art services. Specific terms and conditions for each service shall be provided by either The East London Art Society or by 3rd party providers. 

c. All service costs and processes will be discussed with the member prior to any work being executed. Members are required to confirm service costs before being executed. 

d. Services and costs are subject to change at the discretion of The East London Art Society or the relevent provider. 

 

3.0 TERMS OF SALES & PAYMENTS 

 

3.1 Sales 

a. Sales of artworks shall be pursued by The East London Art Society in person and online. Artworks and prices will be listed publicly in person, online, and through printed material. 

b. Artworks for sale shall either be consigned with The East London Art Society or listed as 3rd party stock where the member or partner are in custody of the artwork. 

c. We reserve the right to choose which artworks we consign and list for sale. 

d. We reserve the right to unconsign and remove from sale any artwork at our own discresion. 

e. Members keep legal ownership of Artworks for the duration of consignment agreements or of 3rd party stock agreements until sale or return. 

f. The East London Art Society will only require possession of the 3rd party stock artworks at point of sale, unless arrangements have been made directly with clients. 

g. Members are required to inform The East London Art Society within 48 hours if any 3rd party stock is no longer for sale. 

h. If The East London Art Society sells any 3rd party stock that is no longer available for sale without the member informing us at least 48 hours beforehand then we will charge the member 10% of the sale price. This charge covers the expenses for The East London Art Society, including credit/debit charges paid, the time to mitigate the situation with the attempted buyer, and the time to arrange a refund to the attempted buyer. 

 

3.2 Commissions 

a. The East London Art Society takes a sales commission of 30% of the sale price (‘sale price’ refers to the final agreed price paid by the buyer, after any discount). 

b. Members can authorise The East London Art Society to offer a discount to potential buyers at our own discretion. Any authorised discount offered by The East London Art Society must be confirmed by the member. There is no obligation to offer this. The authorised discount agreed is a percentage of the retail price (‘retail price’ refers to the publicly marked price, before any discounts or deductions). 

 

3.3 Payments 

a. Members are required to invoice The East London Art Society with the final sale amount within 7 days of notification of artwork sale. 

a. For sold consigned artworks, payment shall be made to the member within 30 days of receipt of invoice. 

b. For sold 3rd party stock, artworks must be delivered to The East London Art Society within 7 days of notification of the artwork sale. Payment shall then be made to the member within 30 days of receipt of both artwork and invoice. 

c. We can provide sales receipts and any accounting information required. 

 

3.4 Production Costs 

a. Unless otherwise agreed, the member or the buyer shall bear any and all production costs. 

b. Unless otherwise agreed, we shall pay out artwork production costs of any sold artworks and these production costs shall then be deducted from the sale price after commission, such as for print on demand editions. 

c. All production costs shall be discussed and agreed upon prior to offering an artwork for sale.

 

4.0 LEGAL 

 

4.1 Liability 

a. We, our affiliates, partners, suppliers, or licensors, shall not be liable for any indirect, incidental, or consequential actions of any member. 

b. All information, materials, images, videos, and any other content used on our website, social media, marketing, advertising, and any other platform has been acquired from each member in good faith and is free of any legal action or illegality [as described in section 2.3 Member Warranty]. 

c. The views and opinions of each member do not necessarily represent the views, opinions, or official policy or position of us or our affiliates, partners, suppliers, or licensors. 

d. Any and all content provided to us are of the views and opinions of the relevant member, and are not intended to malign any religious group, ethic group, racial group, organisation, club, company, or individual. 

e. We do not act as any form of legal representation or council for any member. 

 

4.2 Confidentiality 

a. Each party undertakes that it shall not at any time during this agreement, [and for a period of [five] years after termination of this Agreement,] disclose to any person any confidential details of the content of this agreement nor issue any publicity or press statements about its contents or the other party without the prior written approval of the other, except as permitted by paragraph 3.1b. 

b. Each party may disclose confidential details of the content of this agreement; a. to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses such information comply with this paragraph 3.1a; and b. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. 

 

4.3 Termination of Agreement 

a. This agreement may be terminated immediately by either party upon written notice to the other party: a. on 30 days’ written notice; 

b. the other party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified [in writing] to do so. 

b. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry. 

c. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect. 

d. On termination, the gallery shall arrange for collection of the artworks at the members own cost.

 

4.4 Procedures for Modification 

a. Amendments to these terms and conditions must be made in writing and signed by both member and gallery.

 

4.5 Assignment 

a. Either party may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all of its rights and obligations under this agreement. 

 

4.6 No Partnership or Agency 

a. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. 

b. Each party confirms it is acting on its own behalf and not for the benefit of any other person. 

 

4.7 Third-Party Rights 

a. These Terms & Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms & Conditions. 

 

4.8 Entire Agreement 

a. These Terms & Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 

b. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. 

 

4.9 Variation 

a. No variation of these Terms & Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives). 

 

4.10 Waiver 

a. No failure or delay by a party to exercise any right or remedy provided under these Terms & Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 

 

4.11 Notices 

a. Any notice [or other communication] given to a party under or in connection with these Terms & Conditions shall be in writing and shall be: a. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or 

b. sent by email to the address specified above. 

b. Any notice shall be deemed to have been received: a. if delivered by hand, at the time the notice is left at the proper address; 

b. if sent by [pre-paid first-class post or other] next working day delivery service, at [9.00 am] on the [second] business day after posting; or 

c. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours mean 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt. 

c. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. 

 

4.12 Governing Law 

a. These Terms & Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.