Please review this entire document, complete it in its entirety, sign and click "Submit," at the bottom of the form. You may also print this out and fax, mail or scan and email the form in its entirety to our offices listed below. Your invitation must be accepted and confirmed (paid for in its entirety) and this entire package by 11:59 PM Central time on December 6, 2024.
AGREEMENT
This agreement is entered into on the date noted above (“Effective Date”), by and between Downtown Fort Worth Initiatives, Inc., a Texas non-profit corporation, 777 Taylor Street, Suite 100, Fort Worth, Texas 76102-4908, (“DFWII”), and the Visual Artist whose name appears below (“Artist”), whose medium is also noted below (“Medium”) - Note: This MUST match the category in which you have been accepted.
WHEREAS, DFWII has jurisdiction and control over certain areas for the production April 10-13, 2024, with setup on April 8 and 9, 2024 (“Event”), and is providing space for the Artist to exhibit and sell his/her work during the Event;
WHEREAS, the Artist is paying a fee of more than one dollar for the use of this space during the Event;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the parties agree as follows:
Section 1: Controlling Agreement
All provisions of any understandings between DFWII and the Artist, either oral or written, shall be subject to and governed by all the terms and conditions of this Agreement to the same extent and with the same effect as if the terms and conditions hereof were incorporated in such oral or written agreements. It is expressly understood and agreed that the provisions hereof are controlling.
Section 2: Term of the Agreement
This Contract shall commence on April 8, 2024 and shall continue through the end of the day of April 13, 2024.
Section 3: General Conditions
1. The Artist shall supervise and maintain the space provided, using his/her skill and attention, and shall be solely responsible for all labor, material, equipment, tools and other facilities used by them during the term of this contract.
2. The Artist shall at all times enforce strict discipline and good order among his/her employees and volunteers and shall not employ any unfit person or anyone not skilled in the task assigned to them. The Artist shall be responsible for initiating and maintaining and supervising all safety precautions in his/her assigned space.
3. The Artist shall maintain his/her display booth operation in an orderly manner and shall comply with all City Ordinances and Codes applicable to such an operation.
4. It is understood and agreed that the Artist is acting as an independent contractor in his/her capacity hereunder. The Artist shall be responsible for all acts or omissions of its employees and volunteers. Nothing contained in this Agreement or in the relationship of DFWII and the Artist shall be deemed to constitute a partnership, joint venture or agency relationship between DFWII and the Artist.
5. It is understood and agreed that the space rental fee, required from each participating Artist, is necessary to cover Event costs. Artist will keep 100% of their Event sales. Artist is responsible for the payment of all applicable taxes, currently 8.25% in Fort Worth, Texas.
6. It is understood and agreed that, in keeping with our commitment of fair and equitable practice, should any occasion arise where, in the view of the Director or his representatives, the Artist is not in compliance with policy and procedure, the Artist’s full cooperation is expected in an effort to resolve all disputes, claims and complaints. It is further understood the decisions rendered by the Director or his representatives will be final.
7. It is understood and agreed that should an Artist wish to withdraw from the Event, DFWII must be notified in writing and the notification received in our Fort Worth offices no later than the end of business on January 24, 2024; thereafter, the full amount of booth fees and any other costs that may have been incurred will be due to DFWII. After January 24, 2024, DFWII will not issue refunds for any reason whatsoever.
8. It is understood and agreed that an Artist who does not register with Event officials by 5:00 PM on Wednesday, April 9, 2024, or has not contacted our offices via phone or email to make alternate arrangements, will forfeit all rights to occupy their booth space and DFWII may utilize the space for other purposes. In such event, the Artist will remain liable for the full booth fee. It is understood and agreed that no refunds or preferred treatment can be made for inclement weather or any other cause not in the control of DFWII. There is no provision other than the decision of the on-site jury that may provide any artist the opportunity to return to the Event in 2026.
9. It is understood and agreed that DFWII may, if required by force majeure or other reasons beyond its control, postpone, shorten or cancel the Event. No Artist shall have any right or claim for any damages whether direct, indirect or consequential, or any other kind, arising or alleged to arise by reason of any postponement or cancellation of the Event.
Section 4: Exhibitor Conditions
1. Artist hereby acknowledges notice and acceptance of the following regulations and procedures, as well as other regulations and policies set forth in DFWII’s Artist Policies.
2. All Artists represented in his or her Zapplication application profile (“Zapp”) as artist and as collaborating artist must personally attend their exhibit, and must be present during the entire four days and exhibit hours posted for the public.
3. All Artists will be required to show photo identification at check-in, and on each day of the Event. Should it be found that all Artists are not present, and advance permission from the Director is not on file as to an approved absence, the Artist will be removed from the Event without recourse.
4. Artists wishing an exemption from this policy should contact the Director in writing, before March 21, 2025, with an explanation as to why there may be an attendance issue. Only the Director may grant an exception to this policy, and exemptions can only be based on family or personal medical emergencies. A written doctor’s statement will be required.
5. Works exhibited must be consistent with images submitted by Artist(s). The addition of other bodies of Work not specifically juried into the Event will be requested to be removed from sale. Non-compliance will result in removal from the Event without recourse. Images submitted with the Zapp application, including the booth image, will be referenced in determining the definition of the body of work and the proportion and appropriateness of the types of work being shown; however, it is understood that the four images representing the body of work approved by the jury will be the determining factor.
6. The booth image submitted with Artist’s application will be referenced by Event representatives in order to determine the appropriateness of the booth’s design integrity in order to maintain the highest possible standards of presentation at the Event.
7. All Work submitted and exhibited must be original, hand-crafted Work produced by the Artist and may not be the result of work by any person other than the Artist, or the Artist and his/her Collaborating Artists, or from commercial kits, molds, greenware, patterns, plans, prefabricated forms or other commercial methods.
8. Collaborating Artists are permitted and the Collaborating Artist name and participation is considered to be final as of the date of the Jury for the Event (November 7, 2024) - no change may be made to the Collaborating Artist beyond this date, regardless of changes made to your profile, unless requested of and approved by the Director in writing. Any representation other than a true, hands-on artistic collaboration will not be accepted. Collaborating Artists participate in the creative and mechanical process – they are not assistants. Collaborating Artists may exhibit only the collaborative work(s) of both Artist and Collaborating Artist. Again, both Collaborating Artists must be present for the entire duration of the Event.
9. Artists will be required to provide information to include a complete Artist Statement and a head shot or other shot to be shown to the public, and must be submitted with his/her agreement in electronic form. This information will be posted on an individually designed webpage. It is the Artist’s sole responsibility to identify the category and the bodies of Work being sold.
10. Quality, unframed reproductions of two-dimensional originals, signed and numbered by the Artist are the only acceptable form of sales in addition to the original works. Artist must define “reproduction" or “limited edition" through their Artist Statement, and each piece must be clearly and individually labeled as “reproduction," signed and numbered appropriately. Reproductions and limited editions may be shown in a portfolio and may not occupy wall space in the artist’s booth. The original work must be available and on-sale in the Artist’s booth.
11. DFWII does not permit the sale of promotional items by Artists at the Event. Postcards, note cards, posters, or any other offset reproductions are not permitted. CDs of exhibited instruments performed by the Artist may be sold along with an
instrument, but not alone. Any demonstration of instruments or playing of music
must be confined to the interior of the Artist’s booth, and may not be amplified so as
to be a distraction to any other Artist or patron.
12. Photographers and printmakers are encouraged to do their own printing. Printing
must be processed by the Artist, or under his or her direct supervision. If Artists are
found to not conform to this requirement, they will be removed from the show without recourse. They are required to disclose their creative and printing process.
13. Only artists accepted in the Jewelry category may exhibit or sell jewelry. Jewelry or, “wearable art,” is not accepted in any other category and may not be displayed or
sold unless Artist has specifically been juried into the Jewelry category.
14. T-Shirts may not be sold.
15. Artist is responsible for proper insurance and protection of work and set-up, and
must provide proof of insurance in the form of a certificate of insurance naming
Downtown Fort Worth Initiatives, Inc. as additional insured. A certificate of insurance
must be on file prior to set-up. DFWII will not be responsible for damage to work or
set-up. For further information on where you might obtain insurance for this event,
please click here to go to the MAIN ST. ACT Insurance site.
16. The booth image submitted with Artist’s Zapp application will be referenced by
Event representatives in order to determine the appropriateness of the booth’s
design integrity in order to maintain the highest possible standards of presentation
at the Event.
17. Only Event produced and distributed signs, cards or placards will be allowed to be
hung or affixed to the outside of the booth unless specifically shown in the booth
image provided in the Zapp application AND approved in advance by the Director
or his representative. Unacceptable signage would include, but not be limited to, magazine and/or newspaper articles, banners of any type, ribbons or other documentation of past accolades and/or awards from this Event or other events.
18. Panel risers or extenders to increase booth and/or panel height are prohibited, unless the booth image in the Zapp application included them.
19. All work must be confined to the space provided by the Event. Storage must be incorporated into the booth area provided. At no time shall Artist’s work be gathered, stored or otherwise set on sidewalks, against buildings or in the public right of way. Portable storage facilities are available for a fee.
20. Appendages (display panels or awnings not appearing in the Artist’s booth image in their Zapp application and encroach upon public and/or other artists’ spaces) are expressly prohibited. Racks, bins or other display elements may not be placed
outside of the Artist’s space so as to restrict or impede pedestrian traffic.
21. All artists are expected to comply with all regulations and respect artistry standards. DFWII reserves the right and responsibility to ensure compliance of all regulations. This is not limited to refusal of any work to be exhibited that is not consistent with images submitted and work accepted for display by the jury. Failure to comply and cooperate with Event officials will result in the exhibitor’s removal from the show and exhibitor’s right to exhibit in future shows may be refused.
22. No dealers, agents or representatives are permitted.
23. PLEASE DO NOT bring pets (Note: Service animals are welcome but will be verified).
24. Artist agrees to try to limit his/her electrical requirements to no more than 200 watts per space. Additional electric is available at no charge.
Section 5: Booth Space
1. The event area utilizes Main Street, stretching from Weatherford Street to 9th Street in the center of Downtown and various side streets throughout the Festival.
2. Each exhibitor will be provided a space measuring approximately 10’ deep by 10’ wide.
3. All artists along Main Street and on 2nd Street will be placed under festival provided pavilions along Main Street. These pavilions are placed to help mitigate the wind situation and have specific space requirements and issues.
4. The locations on Main Street are no larger than approximately 10’ x 10’ and allowances must be made for the diameter of the tent poles.
5. Storage MUST be arranged within Artist’s booth. Limited storage may be available
for rental on-site which can be secured through Zapplication.org.
6. Artists located on 3rd Street, 4th Street and 5th Street must provide their own tents and weights
7. Emerging Artists will be located on 5th Street east of Main Street and will be provided a 10' x 10' tent with walls and electric. Emerging Artists must provide all display elements including display walls, grids, bins, etc.
8. All Artists must provide their own display structure, racks and/or tables in order to display their work in an outdoor environment.
9. Booths are assigned in advance of the festival and restricted to the juried artist(s) and their work; however, show staff reserves the right to add additional artist areas such as Emerging Artists or other specialty areas in the show if deemed appropriate to the overall growth and development of the Festival.
10. Booths will be assigned on a first-come, first-served basis as determined by either the USPS postmark of returned contract and booth fee, or the date of the online booth payment made through Zapplication, whichever is first. Award artists from 2024 have priority in terms of booth selection; however, there is a deadline for this selection. Show balance is also considered.
Section 6: Fees
1. Artist agrees to pay $875.00 U.S. for the rights to use one space (approximately 10’ x 10’ in dimension), provided by the Festival (“Fee”). Corner booth spaces may be requested for an additional $150.00 U.S. NOTE: Emerging Artists pay $275 for the rights to use one space, with tent and walls provided by DFWII. Please select "Emerging Artist" in the product listing in Zapplication to pay the appropriate fee.
2. Only one space may be leased per accepted category, with no exceptions.
3. An Artist who juries into the show in more than one category may combine their categories into one booth, or may lease one additional space for each additional category.
4. Fees may only be paid online through Zapplication.org. The date and time stamp of the Fee payment shall determine priority in terms of booth placement.
5. Additional rental fees (“Additions”) are required for the use of additional electric, tables, chairs or tents. The Additions are detailed in the Zapplication.org checkout area.
Section 7: Loss or Damage to Exhibitor’s Property
1. ARTIST UNDERSTANDS AND EXPRESSLY AGREES THAT THEY ARE BRINGING ALL OF HIS/HER PERSONAL PROPERTY, ART, WARES, EQUIPMENT AND VALUABLES OF ANY SORT ON THE EVENT SITE AT HIS/HER SOLE RISK AND FURTHER AGREES TO INDEMINIFY THE RELEASED PARTIES (AS HERINAFTER DEFINED) AND HOLD THE RELEASED PARTIES HARMLESS FROM ALL CLAIMS AGAINST DFWII, THE CITY OF FORT WORTH, TEXAS, TARRANT COUNTY, OTHER OWNERS OF PROPERTY WITHIN EVENT SITE AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, CONTRACTORS, AND CONTRIBUTORS (COLLECTIVELY, “RELEASED PARTIES”) FOR LOSS, DAMAGE OR DESTRUCTION OF SAID PROPERTY OR INJURY TO PERSONS AND FOR ALL COSTS AND EXPENSES ASSOCIATED THEREWITH (INCLUDING REASONABLE ATTORNEY’S FEES). ARTIST UNDERSTANDS AND EXPRESSLY AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR SAID PROPERTY OR PERSONAL INJURY EVEN IF SUCH LOSS IS DUE TO THE NEGLIGENCE OF ANY RELEASED PARTY.
2. SHOULD ARTIST CHOOSE TO INSURE ARTISTS’ PERSONAL PROPERTY, HIS/HER INSURANCE CONTRACT SHALL BE AMENDED SPECIFICALLY WAIVING ALL RIGHTS OF SUBROGATION IN FAVOR OF ALL RELEASED PARTIES.
Section 8: Loss of Money or Other Valuables
All money or other valuables on site in the custody of the artist are at the sole risk of
the Artist and it is expressly understood the Released Parties are not responsible for providing any security or protection of such money or valuables and that the
Released Parties are not responsible for liable for any loss of money or valuables.
Artist hereby expressly waives any claim for such loss in favor of the Released
Parties.