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Conditions of Participation EuropArtFair 2019

1. General information
2. Applying for participation
3. Cancelling and changing the participation
4. The stand
5. Setting up and dismantling the stand
6. Quality of artworks and design objects
7. Selling exhibited works
8. Listings of names of participations and publications of work
9. Insurance
10. Costs and deposits
11. Other conditions
12. Suggestions and complaints
13. Volunteers


1. General information

1a. The EuropArtFair (hereafter "the fair") offers artists and designers a platform to show their artworks and design objects (hereafter "the works") to a broad audience, contact interested stakeholders and sell the works during and/or after the fair without a commission.
1b. The fair takes place on Friday December 6th, Saturday December 7th and Sunday  December 8th 2019 in the Gashouder on the Westergasfabriek in Amsterdam (www.westergasfabriek.nl).
1c. The fair is organized by the De Kunst Collega’s B.V. (hereafter "organization").
1e. The costs for general matters like the lease of the location, lighting, heating, cleaning, security, assembling the structure of the stands, promotion, management and administration, sales of entrance tickets, information services for the visitors, etc., will be borne by the organization.
1f. Artists and designers (hereafter 'participant(s)'), who want to participate in the fair and have filled in the application form, accept the conditions of participation in full and unconditionally.


2. Applying for participation

2a. Applications may be made by making use of the online registration form on the website (www.europartfair.com); any valid alternatives can only be offered by explicit written directions of the organization.
2b. A ballot committee will judge every application, primarily based on the answers on the application form. Their judgment will lead to either an accepted application or a declined application.
2c. Within ten working days after application, the outcome of the ballot committee – concerning an accepted (hereafter: 'message of acceptation') or rejected (hereafter: 'message of rejection') application – will be communicated by e-mail. The moment on which the participant receives the message of acceptation will be regarded as the moment on which participation commences (hereafter: 'moment of participation').
2d. Participants will receive further information concerning details of their participation after they received the message of acceptation. In the period from application until the opening of the fair, the participant will be kept up-to-date by e-mails.
2e. In case of a message of rejection the participant will not be charged any costs by the organization.
2f. The materials and other extra's which are offered to the participant concerning the participation will be available as long as supplies last, and as long as permitted by the conditions. The organization will inform the participant as soon as possible in case a supplement, which had been ordered simultaneously with the registration, is no longer available.


3. Cancelling and changing the participation

3a. A cancellation of participation by the participant (hereafter: 'cancellation') needs to be done in writing by e-mail (info@europartfair.com), unless explicit written directions have been given by the organization to communicate otherwise. The organization will confirm the cancellation, regularly, within five working days.
3b. A cancellation within five working days following the moment of participation will not result in any costs for the participant.
3c. A cancellation between six working days after the confirmation of participation and eight weeks before the opening of the fair (ultimately, December 7th 2018) will result in an amount due by the participant to the organization of 30% of the total amount of the participation costs.
3d. A cancellation between eight weeks (October 11th 2019) before the opening of the fair and the day after the ending of the fair (December 9th 2019) will result in an amount due by the participant to the organization of the total amount of the participation costs.
3e. In case a participant does not show up on one or both days of the fair without a cancellation, the no-show will be regarded as a cancellation in accordance with clause
3d. The participant will be charged with the total amount of participation costs, no matter the reason of the absence. 3f. An increase of the participation conditions, for example an expansion of the stand, is allowed up until 30 days prior to fair. Expanding the stand will not be charged (except for the increase in participation costs in accordance with the costs stated in the application form).
3g. A reduction of the participation conditions by the participant is allowed up until 30 days prior to the fair, under the condition that the organization accepts the reduction. The organization will not decline any request on unreasonable grounds. The organization is entitled to charge the participant with € 45,- (VAT excl.) processing costs.
3h. Changes of a participation need to be communicated in writing by sending an e-mail to info@europartfair.com, unless the organization has stated explicitly that other manners of communication are allowed and valid.
3i. Changes to the stand location in the floor plan, which has been selected (optionally) at application, are allowed, provided that remaining other locations are available and the organization has accepted the proposed change. The organization is entitled to charge an amount of € 7,50 (VAT excl.) for aforementioned changes, in order to cover the costs for editing the floor plan. Changes during the thirty calendar day period before the opening of the fair will no longer be processed into the floorplan, unless the organization has stated otherwise.


4. The stand

4a. Participants have the possibility to select a stand location on the floor plan in the respective 'Surrounding A' or 'Surrounding B'. The confirmation of a stand location will depend exclusively on the moment in time on which the organization has received the preferred location. The organization will decide on the location of the stand in case a participant has not communicated any preference ultimately at thirty calendar days before the opening of the fair.
4b. Participants are expected to speak to visitors during the opening hours of the fair primarily in the direct environment of or in their stand.
4c. Participants are allowed to hand out folders, cards and/or business cards to the visitors.
4d. Folders, books of presentation, business cards, etc. can also be laid down on the table in the stand of the participant. Only one table per participant is allowed, unless the organization has allowed otherwise.
4e. Per stand only one chair is allowed, unless agreed upon otherwise with the organization. The chairs will be provided to the participants exclusively by the organization.
4f. The participant will handle all stand materials, including the furniture and lighting, with reasonable care. The participant will refrain from any actions which might reasonably damage the stand materials, including the furniture and lighting. The organization is entitled to charge the participant for any damages and the costs associated with these damages which are caused by the participant.


5. Setting up and dismantling the stand

5a. The artworks and design objects need to be on location (the Gashouder, Westergasfabriek in Amsterdam) and have to be placed in the stand before the opening of the fair (on Thursday December 5th between 14.00 and 20.00 h or on Friday December 6th between 9.00 and 16.00 h). The organization will communicate a timeframe in which the participant is obliged to register and commence with the setting-up of the stand. For a setting-up of the stand outside this timeframe additional costs of € 100,- (VAT excl.) will be charged.
5c. The participant is obliged to remove the works after the closing of the fair at Sunday December 8th 2019 between 17.30 and 19.00 PM (time schedule with reservation), unless the participant has agreed upon another timeframe with the organization. Any removal after the (agreed) timeframe will result in an additional charge amounting to € 100,- (VAT excl.).
5d. The organization is not responsible for any damages to the works that occur after the communicated timeframe (Sunday December 8th 2019 17.30 and 19.00 PM).
5e. The works that have not been removed properly by the participant on Sunday November 15th will be charged with custody costs, unless otherwise agreed upon. During the first seven calendar days after closing the custody costs will amount to € 10,- (VAT excl.) per work per day. After the first seven calendar days the custody costs will amount to € 5,- (VAT excl.) per work and per day. Works will be stored up until 3 months after the fair took place.
5f. The participant is allowed to have assistance during the delivery of the works and during the set-up of the stand, as well as during the dismantling of the stand and the removal of the works.
5g. In order to ensure the serenity in every presentation and to enhance a professional atmosphere at the fair, the participant is strongly discouraged to hang up works above each other or with less than 10 cm space sideways between the works, unless agreed upon otherwise. Two-dimensional work may only be presented in a hanging form.
5h. The works and the furniture need to be placed and/or hung within the measurements of the stand at all times.
5i. Participants are allowed to place a maximum of 1 poster in or on the stand with a maximum measurement of 300 x 100 mm.
5j. Participants are not allowed to drill into, screw into, or act in a comparable manner with respect to the walls of the stand.
5k. The participant is only allowed to make use of the labels that are provided for by the organization.


6. Quality of the works

6a. The participant can mainly decide himself/herself which works will be exhibited and sold during the fair. There are no rules concerning the style, used materials and the age of the works. The organization will be under the assumption that the exhibited work will be of the same quality (or higher) as the works that are approved by the ballot committee. However, the hereafter communicated restrictions do apply.
6b. The works must be dry (paint, glue, etc.) and may not contain any substances that may harm or be dangerous to the visitors of the fair.
6c. The works that are exhibited need to be finished an ready for exhibition, which means (at a minimum), framed (or spanned) with a decent suspension system or, in case of a sculpture or any other 3d object, be able to be placed without additional handling.
6d. Due to the limited height of the stands, the height of the hanging works is limited to 2500 mm. All works must fit into the depth and width of the stand.
6e. The organization is allowed to refuse the exhibition of works without the obligation to state the reasons thereof.


7. Selling exhibited works

7a. The participant is allowed to sell the works at location and offer the works for sale at the location.
7b. The participant is fully free in deciding the prices of the works, provided for that the works is offered on view with a VAT included price. To communicate the price, only the labels which have been distributed by the organization are allowed.
7c. In case of a sale at location, the participant will not owe any commission to the organization.
7d. If any work is sold, an indication on the work of the sale is obligatory, for example by making use of a red label.


8. Listings of names of participations and publications of pictures of works

8a. The organization will state the names of the participants in a way she prefers. This includes, amongst others, the listings on the website of the fair, in the catalogue and on the floor plan.
8b. If any costs are linked to listings, these will be explicitly communicated to the participants, who may withhold their permission for the listing concerned.
8c. The names of the participants will at least be communicated in the catalogue, on the floor plan and on the website. These listings are included in the participation costs.
8d. Participants allow the organization to publicize pictures of the works for purposes of the fair only without any financial compensation concerning the participants.


9. Insurance

9a. The participant may choose to make use of the insurance offered by the organization. This insurance will start from the moment that the stand is set-up on Thursday December 5th or Friday December 6th 2019 until the moment the fair closes on Sunday December 8th 2019. For the insurance to be valid, an insurance form needs to be filled in and handed over at the appointed location on Friday December 6th 2019.
9b. The organization is not liable for any damages to the works, except for the works that are insured, and for those works only insofar the insurance covers the damages.
9c. The insurance policy terms and conditions will be made available to the participant upon request on Friday December 6th 2019 or, in consultation with the organization, at any earlier moment.


10. Costs

10a. Participants will owe participation costs to the organization in order to participate in the fair. These participation costs will be stated on the application form.
10b. After the receipt of a message of acceptance, the participant will as soon as possible receive an online-account. This account will show the participation costs due and offers the possibility to choose a method of payment.
10c. The invoice for the participation costs needs to be paid within 14 calander days of the invoice date, unless there is a written agreement for a different date. In case the invoice has not been paid timely in accordance with the conditions of participation and the participant has received a notice of default, the organization can rightfully give the collecting information out of hands in which case the participant will be charged for the additional costs.
10d. Participants are obliged to pay a cash deposit on the day of set-up amounting to € 50,- (VAT incl.) for the use of the provided materials. The deposit will be refunded in full on Sunday November 15th, provided that no damages have been caused to the materials.


11. Remaining terms, jurisdiction and governing law

11a. The organization and any hired parties by the organization, will not be held accountable in case of damages, directly or indirectly, that occur from, or in any way links to, the set-up, the organization and the execution of the fair. In case of damages caused by someone from the organization, the damage will be compensated insofar as it is covered by the insurance.
11b. Despite the care of the organization concerning the maintenance of their website(s) and its' set-up, the organization and the execution, there is always a possibility that the provided information and materials are incomplete or incorrect. Any printing, spelling, typographical or other (comparable) errors in the, by the organization, provided information and materials – of any kind – cannot be hold accountable against the organization and will not lead to any obligations of the organization.
11c. The organization maintains the right to cancel or postpone the fair, without previous notice, and without any compensation towards the participants or any other parties. In case of cancellation of the fair by the organization, any paid participation costs will be restituted with a deduction of 10% for the costs that have been made by the organization up until that point.
11d. The organization reserves the right to exclude a participant from actual participation if this participant breaches these terms of conditions, or if the organization judges the behavior, the exhibited works, or anything else, as being too offensive. Exclusion from participation can also occur when any actions are contrary to the spirit of the conditions of participation.
11e. If the fair has to be canceled, delayed or shortened due to a case of force majeure or an unforeseen circumstance, the organization may in no circumstances be held liable. In the case of a force majeure or unforeseen circumstances, the participants are not entitled to make any claim for damages or refund to the organization.
11f. The terms of conditions of participation, stated in this document, can be altered at any time without an announcement of these changes. Any agreements that have been made before the alterations will apply to those that have accepted the terms of condition of participation before these alterations occurred.
11g. The organization will judge and act with common reason in case of unforeseen situations. In case any differences of opinion about the interpretation of these conditions of participation occur, the judgment of the organization will be decisive.
11h. Any disputes with respect to the validity, the interpretation, the implementation and/or the termination of these general conditions will be submitted by the parties to this agreement to the exclusive jurisdiction of the court of Breda, the Netherlands.
11i. The Dutch law applies to these conditions of participation. The Dutch wording of these general conditions will be decisive, in case a dispute concerns the interpretation of these general conditions.


12. Suggestions and complaints

12a. The organization continually strives to improve all aspects of the fair and wants to optimize it’s service to the exhibiting artists and visitors. Suggestions from the participating artists for improving our services are greatly appreciated and suggestions leading to improved profitability, more visitors or lower costs, will, after implementation, be rewarded with a portion of the benefit.
12b. Despite the great care that we give to the implementation of agreements, it is possible that the organization may be a stitch (you) drop. Writing made complaints are taken up to 1 month after the fair pending. In all cases, is reacted to a maximum of 1 week to a complaint within a few days.
12c. Never are persons liable for the organization's actions. In the event of disagreements, complaints and other matters that may be current, the legal entity within the organization must be contacted.
12d. The liability is in all cases limited to the sum of the participation costs.
12th. The organization is not liable for any damage to works of art, at any time whatsoever: not during the exhibition, not during storage and not during transport, nor on the way to or on the way to the fair. An insurance can be taken out for damage to and theft of the exhibited works of art.


13. Volunteers

13a. The EuropArtFair is only possible thanks to the efforts of staff and the help of volunteers. If you want to help the organization in the implementation of art fairs, please indicate in a brief email that you send to info@europartfair.com, with the subject "volunteer art fair”.