This agreement (the “Agreement”) is hereby entered into between CONNECTING ART, an Association with address at Sihlquai 131, 8005 Zurich, Switzerland (“CONNECTING ART”) and the undersigned (“ARTIST”). Any disputes related to this agreement are subject to the laws of Kanton Zurich, Switerland.
By signing this document or acknowledging it online, the ARTIST agrees to each stipulation as outlined in this Agreement.
1. CONNECTING ART will exhibit ARTIST’s artwork(s) online on the CONNECTING ART website (www.connectingart.ch ).
2. The artwork(s) exhibited and/or represented by CONNECTING ART pursuant to this Agreement are hereinafter collectively referred to as the “ARTWORK” and refers to those artworks submitted by ARTIST to CONNECTING ART and accepted by CONNECTING ART for exhibition.
3. In exchange for CONNECTING ART’s exhibition of ARTIST’S Work, ARTIST grants CONNECTING ART the right to represent ARTIST in the subsequent sale of the “ARTWORK” by CONNECTING ART.
4. MEMBERSHIP: The ARTIST agrees to become a Full member of the Connecting Art Association. The ARTIST will be able to vote on any Membership Fees to be applied at the Association’s AGM. It should be noted in 2021 the membership fees are zero.
5. TERM: The term of this Agreement begins when ARTIST’S “ARTWORK” is submitted to CONNECTING ART for exhibition. Submission can be via any online means available at the time, including e-mail. The ARTIST can request additional ARTWORK to be exhibited on CONNECTING ART at any time.
6. TERMINATION: This agreement may be terminated by either party within 30 days of receiving written notice from the terminating party. On termination, CONNECTING ART will remove the ARTIST’s Gallery page, all references to the ARTIST on the website & all personal details of the ARTIST.
7. COMMISSION: The following commission/payment terms will apply to each subject “ARTWORK” sold by CONNECTING ART: 75% (payment to ARTIST), 25% (commission to CONNECTING ART).
8. PAYMENTS : On the receipt of full payment for an ARTWORK from a buyer and completion of shipment by ARTIST, CONNECTING ART will transfer the cost of the ARTWORK, less commission and including packaging costs to the ARTIST. If the shipment is within Switzerland and the ARTIST is paying for this, the shipment costs will also be paid to the ARTIST. Where this total amount is subject to tax, this will be deducted first. Any extra costs for shipping, based on inaccuracies in width, height, depth and weight details, will be paid by the ARTIST (see SHIPPING below). CONNECTING ART commits to making payments as soon as possible, but latest within 30 days of the buyers payment. To do this, the ARTIST should supply bank account details (e.g. Name of holder, IBAN in Switzerland) to CONNECTING ART, who will keep these on record.
9. INTERNATIONAL ARTISTS: The Base currency will be Swiss Francs (CHF). ARTISTS outside Switzerland are responsible for any exchange rate charges or bank transfer charges. Please price works accordingly. For Shipping cost estimates, they should specify their Domestic cost estimate – that is, the cost of shipping to a customer in their own country – or contact CONNECTING ART.
10. OWNERSHIP: ARTIST retains ownership of all “ARTWORK” represented by CONNECTING ART until such “ARTWORK” is sold pursuant to the terms of this Agreement or otherwise. ARTIST retains copyright to all consigned artwork in perpetuity, as governed by law.
11. ACCEPTANCE TO DISPLAY: Before Connecting Art displays an “ARTWORK” on its site, the ARTIST must provide in writing the following
ARTIST Personal details:
a. Full Name of Artist
b. Picture of Artist
c. Company (optional)
f. Postcode / Zip
i. E-mail address
j. Bank Details for payments (Account Holder’s Name, IBAN)
For each ARTWORK:
a. Digital image (eg JPG). Size should be maximum size 1920 x 2560 pixels and less than 999kb
b. Title – Name of Artwork which should be unique
c. Description – What is the story behind it? For example: Who or What inspired your work, and what do you hope viewers will feel or think?
d. Keywords (tag 5-10 keywords) – optional
e. Type & Materials used – For example, Oil on canvas, aquarelle on paper etc.
f. Dimensions (height, width, depth in Metric centimeters)
g. Price of artwork (no price on request)
h. Is it Framed? Y/N
i. Is it Mounted? Y/N
j. Price of packaging
k. Non-standard package used (e.g. rolled, pyramid, triangular etc) – Y/N
l. Estimate of shipping costs domestically (e.g. within Switzerland) 1
m. Price of shipping insurance – optional
n. Weight estimate (for shipping in Metric – kilograms)
1 See the section SHIPPING below (clause #23). For International shipping a Courier estimate will be used, based on your height width and weight estimates. Please discuss with CONNECTING ART if you cannot supply this information.
12. MISREPRESENTATION: Any issues arising from misrepresentation of the ARTWORK due to details or lack of details supplied by the ARTIST are the duty of the ARTIST to correct. CONNECTING ART is not liable for any costs or damages caused by any such misrepresentation.
13. MARKETING RIGHTS: CONNECTING ART will use innovative means to try and promote the ARTIST and his/her ARTWORKs. To this end, the ARTIST grants CONNECTING ART the right to use or publish images, descriptions and other details of their work in these promotion efforts . Publishing locations include, but are not restricted to, Facebook, Instagram, LinkedIn, Twitter, YouTube
14. PROMOTION: CONNECTING ART will work to promote the ARTIST and his/her ARTWORK in order to generate interest and sales. Each promotion idea will be discussed with the ARTIST and if agreed, the ARTIST commits to work with CONNECTING ART to realise that idea, without needing any subsequent agreement.
15. ARTIST BLOGGING: The ARTIST will have access to the CONNECTING ART artist’s blog to promote ARTIST’s own activity and events. This may be subject to moderation by CONNECTING ART, who will make the final decision on publication.
16. EXCLUSIVITY: This agreement is non-exclusive, meaning the ARTIST can exhibit ARTWORKs in other locations and with other organizations.
17. NOTIFICATION OF AVAILABILITY: It is the responsibility of the ARTIST to ensure an ARTWORK is available for sale. If the ARTIST does not inform CONNECTING ART immediately – at most within 14 (fourteen) days – that an ARTWORK exhibited by CONNECTING ART is no longer available, the ARTIST will be liable to pay the sales commission to CONNECTING ART indicated in this agreement, irrespective of its sale location.
18. FINALISING SALES: CONNECTING ART will exert all reasonable efforts to close sales of represented “ARTWORK”. ARTIST agrees to provide CONNECTING ART, in a timely fashion and upon request, with any necessary documents or information in support of sales.
19. SALES COMPLETION: If a buyer is introduced to the “ARTWORK” through CONNECTING ART an eventual sale must be completed via the CONNECTING ART platform subject to the terms of this agreement.
20. NOTIFICATION OF SALE: CONNECTING ART will inform ARTIST immediately upon the completion of a Sale of an ARTWORK in order that the ARTIST can begin packaging and shipping within 48 hours of receipt of this notification.
21. INSURANCE: ARTIST will maintain insurance for fire/vandalism, and affirms that all “ARTWORK” will be covered by said insurance while being promoted by CONNECTING ART and especially during the time between sale and shipping of said ARTWORK. In no event shall CONNECTING ART be liable for any injury, loss, damage, theft or disappearance of or to property of the “ARTWORK” being sold.
22. PACKAGING: The ARTIST agrees to be responsible for secure packaging of the ARTWORK ready for shipping. If the cost of Packaging is greater than that supplied to CONNECTING ART in “ACCEPTANCE TO DISPLAY” (clause #11) above, the difference must be paid for by the ARTIST. Any damage to the ARTWORK caused by insecure packaging must be corrected and paid for by the ARTIST. Where the ARTIST has issues with supplying package cost estimates or arranging packaging, the ARTIST should contact CONNECTING ART as soon as possible.
23. SHIPPING: The ARTIST agrees to be responsible for shipping of the ARTWORK. For shipping within their own country of residence (e.g. Switzerland), the difference between the estimate provided to CONNECTING ART within “ACCEPTANCE TO DISPLAY “(clause #11) above and the actual cost, must be paid for by the ARTIST. For International shipping, CONNECTING ART will use shipping cost estimates from a Courier, based on their Shipping Zones. This estimate will be based on the width, height, weight details supplied by the ARTIST. Where these details are incorrect and lead to additional shipping costs, the ARTIST will be required to pay the difference between what the buyer pays and the actual costs. Where there are issues with arranging shipping, the ARTIST should contact CONNECTING ART as soon as possible.
24. SHIPPING INSURANCE: The ARTIST may decide to offer shipping insurance for the artwork. In which case the cost of this should be provided to CONNECTING ART.
25. REMOVAL: If the ARTIST does not adhere to the SALES COMPLETION (clause #19) rule and deals directly with the buyer, the ARTIST may be removed from CONNECTING ART. The same applies if any terms of this agreement are breached by the ARTIST.
26. MODIFICATIONS: All modifications of this Agreement must be in writing and signed by both parties. This Agreement constitutes the entire understanding between CONNECTING ART and ARTIST.
27. For all questions regarding this agreement, contact email@example.com
CONNECTING ART owner (printed name): ____________________________________________________
CONNECTING ART owner (signature): _______________________________________________________
CONNECTING ART contact address, phone, email
ARTIST (printed name): __________________________________________________________________
ARTIST (signature): ______________________________________________________________________
ARTIST contact address, phone, email