Conditions of Participation
Exhibition Admission: Exhibitor (applicant) agrees to be bound unconditionally by the Art Now Fair (a NY Corporation) guidelines, rules and regulations. By execution of this Agreement, Exhibitor acknowledges and accepts these Conditions of Participation. The Exhibitor promises to abide by these Conditions of Participation contained in this Agreement and such further rules and regulations governing the terms of the Fair as may be implemented by Art Now Fair at its sole discretion. Exhibitor’s use of the virtual space shall be subject at all times to those rules and regulations adopted by Art Now Fair.
Cost of Exhibition Services Provided: Services included in Exhibitor’s fee for this virtual fair includes up to 10 images posted on the virutal site. Additional fair exposure via social media.
Payment: Full payment is due with this application. ALL SALES FINAL.
Indemnification: Exhibitor agrees to indemnify and hold harmless Art Now Fair and each of their respective affiliates, officers, directors, employees, agents, and contractors against all claims, losses, suits, damages, judgments, expenses, costs (including without limitation reasonable legal fees and amounts paid in settlement) and charges of every kind arising out of or resulting from (i) Exhibitor’s execution of this AGREEMENT or its occupancy of the virtual space herein contracted for, or (ii) the acts, omissions, or negligence of Exhibitor, Art Now Fair, or, its employees, agents, or contractors, or other Exhibitors by reason of personal injuries, death or property damage or any other cause of action sustained by any persons or others.
Limitations of Liability: Exhibitor acknowledges and agrees that Art Now Fair will not be responsible for the safety or well-being of any art, property, merchandise, or materials consigned to or in the ownership of any Exhibitor during the virtual Art Now Fair. Art Now Fair shall not be responsible for loss or damage to displays or goods belonging to Exhibitor or consigned to Exhibitor or otherwise brought to virtual Art Now Fair by or on behalf of Exhibitor, whether resulting from misuse, negligence, fire, storms, water, air conditioning or heating failure, theft, pilferage, mysterious disappearance, bomb threats or other causes. All such items are brought to virtual Art Now Fair and virtually displayed at Exhibitor’s own risk, and should be safe-guarded at all times. The Exhibitor waives any and all claims against Art Now Fair for injury to Exhibitor, its agents, servants, and/or employees while in the exhibition premises, and for any damage of any nature including damage to its business by reason of the failure to provide space for its exhibit or any failure to hold the exhibition as scheduled.
Authenticity: All Exhibitors are strictly accountable for the authenticity of the works of art, which are shown and sold at the virtual Art Now Fair. The Exhibitor shall indemnify and hold Art Now Fair harmless against any claims whatsoever made with regard to the authenticity of any work, whether sounding in contract or tort. The obligation to indemnify shall include a duty to defend Art Now Fair against any such claims, and to indemnify it against any expenses, or costs of such defense, including attorney’s fees.
This Agreement constitutes the entire agreement between parties. There are no other agreements, oral or written, other than contained herein. This Agreement may not be amended except in writing signed by both parties, which specifically references this Agreement.
This Agreement is governed solely by the laws of the State of New York. In the event of any and all litigation arising from this Agreement, the parties hereby agree that the sole venue for all legal action shall lie exclusively in the appropriate Courts of the City of New York, New York. The parties have participated jointly in the negotiation and preparation of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties intend that each covenant, term and condition contained herein shall have independent significance. If any party has breached any covenant, term or condition contained herein in any respect, the fact that there exists another covenant, term or condition relating to the same subject matter (regardless of the relative levels of specificity) which the party has not breached shall not detract from or mitigate the fact that the party is in breach of the first covenant, term or condition.
Exhibitor Cancellation: Exhibitor acknowledges that they may cancel at any time but no refunds will be made to the exhibitor. participation.
General Remarks: This Agreement when signed by Exhibitor shall constitute an agreement for the virtual Art Now Fair. It is subject to review and approval by Art Now Fair and therefore Art Now Fair reserves the right to reject any application or submitted images for any reason. There exists no obligation by Art Now Fair to any applicant until a completely executed Agreement and all payments due to Art Now Fair are paid in full. The Agreement is fully or partially assignable by Art Now Fair.
Severability: In the event that any individual provision of this Agreement shall be deemed invalid by any court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect.
Additions and/or Corrections: Exhibitor agrees to accept notice of additions or amendments to the Art Now Fair Rules and Regulations and acknowledges them as part of this agreement.