Representation Terms and conditions

 

1.†††††††† About Arum Creative Studios. 2

2.†††††††† Nature of this Representation Terms and Conditions. 2

3.†††††††† Intentions of This Agreement. 2

4.†††††††† Rule of Construction. 3

5.†††††††† Curatorship. 3

6.†††††††† Fine Art Prints. 3

7.†††††††† Renewal of annual subscription. 3

8.†††††††† Non-Disclosure. 3

9.†††††††† Key Understandings. 3

A.†††††† The gallery undertakes to: 3

B.†††††† The artist undertakes to: 4

10.††††† Duration of this agreement. 4

11.††††† Exhibition Spaces. 5

12.††††† Exhibiting on the galleryís website. 5

13.††††† Exhibiting on the galleryís social media pages. 5

14.††††† Exhibiting works on the online stores owned by the gallery. 5

15.††††† Marketing works as prints and originals. 6

16.††††† Exclusivity. 6

17.††††† Submitting works to auction houses and other galleries. 6

18.††††† Sales and Shipping of original works. 6

19.††††† Pricing of works. 7

20.††††† Commissions. 7

21.††††† Flow of Money. 7

22.††††† Copyright and intellectual property. 7

23.††††† Subscription Plans Available. 7

24.††††† Work Authenticity. 7

25.††††† Artist Identity. 7

26.††††† Pricing and Availability of Works. 7

27.††††† Types of Works Displayed. 8

28.††††† Contact Details of Artists. 8

29.††††† Shipment of Works. 8

30.††††† Commissions Payable to Arum Creative Studios. 8

31.††††† Sales of Works. 8

32.††††† Other Terms and Conditions. 8

33.††††† Additional Advertising. 9

34.††††† Subscription Options. 10

 

1. About Arum Creative Studios

1)    Arum Creative Studios is a division of Skopus Business Consultants CC, located at 8 Woodpecker Crescent, Aston Bay, Eastern Cape, South Africa.

2)    All invoices, quotes, credit notes, statements and financial notices will be issued by Skopus Business Consultants.

3)    All agreements will be between the client/buyer and Skopus Business Consultants, trading as Arum Creative Studios.

4)    Arum Creative Studios is also known as arumgallery.co.za.

5)    Arum Creative Studios is a virtual, online art gallery, showcasing the works of selected emerging artists from all over the world.

6)    The primary focus of Arum Creative Studios is that of:

a)    Providing artists with virtual exhibition spaces on channels owned by Arum Creative Studios

b)   Provide artists with publicity as and when required by artists to do so

c)     Provide artist an open to market and advertise their work as and when required by artists to do so

7)    The rule of construction that, in the event of ambiguity, this Agreement shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.

2. Nature of this Representation Terms and Conditions

 

1)    Arum Creative Studios will undertake to showcase an artistís work on the website owned and managed by Arum Creative Studios, namely https://www.arumgallery.co.za

2)    In this agreement, Arum Creative Studios will also be known as ďTHE GALLERYĒ

3)    Arum Creative Studios is a specialist division of Skopus Business Consultants, CC, a South African consulting firm.

4)    All invoices and quotes sent to the artist by the gallery, will be in name of Skopus Business Consultants.

5)    The nature of representation will be determined by the pricing option selected by the artist.So said pricing option can, at any time, be upgraded or downgraded by the artist according to his/her budgetary constraints.

6)    Depending on the plan chosen Arum Creative Studios will:

a)    Attempt to introduce artistsí work(s) to potential collectors or buyers in selected target markets.

b)   Issue press releases about the artist from time to time

c)     Explore options at other galleries, art fairs, auctions, etc. where the artistís work could be noticed by potential buyers.

d)   Publish the artistís work on specific social media channels.The selection of such channels remains the sole discretion of Arum Creative Studios.

e)    Arum Creative Studios does not guarantee that an artistís work will be sold.The success of sales depends entirely on the preferences of potential buyers and/or collectors.

3. Intentions of This Agreement

1)    The gallery and the artist consented that an agreement exists by which the gallery will exhibit the artistís artworks on:

2)    The galleryís website, herein identified as ARUMGALLERY.CO.ZA, which is an online, virtual art gallery showcasing works of selected artists.

3)    The galleryís social media pages such as:

a)    Facebook,

b)   Instagram,

c)     Twitter, and/or

d)   Any other platforms deemed essential by the gallery.

e)    Any online stores owned by the gallery for the purpose of selling artwork to interested buyers.

4)    The gallery and the artist consented that an agreement exists by which the artist will submit works to the gallery for exhibition.

4. Rule of Construction

 

1)    The rule of construction that, in the event of ambiguity, this Agreement shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.

5. Curatorship

 

1)    It is hereby explicitly stated that Arum Creative Studios is an online exhibition gallery.

2)    As such, the gallery does not keep any work of any artist at its site.

3)    Instead, all works are shown to the market as high-resolution images, thus eliminating costs of having works shipped from an artist to the gallery and, subsequently, to a buyer/investor.

6. Fine Art Prints

1)    The gallery reserves the right to offer works by artists as fine art prints on selected e-commerce outlets owned by the gallery.

2)    The gallery will, as far as it can, protect the artistís copyright.

3)    Upon submitting works to the gallery, the artist gives the gallery tacit and explicit permission to offer the artistís works as fine art prints in an effort to create an additional stream of income for the artist.

7. Renewal of annual subscription

1)    Artists will have an option to renew your current subscription or to upgrade to a next level.

2)    The gallery will keep a schedule and will alert the 90 days in advance that the artistís annual subscription is due for renewal.

8. Non-Disclosure

1)    Parties agree that the content of this agreement and the commercial arrangements contained therein, will not be disclosed to or shared with any third party in any form whatsoever.

9. Key Understandings

A.              The gallery undertakes to:

1)    Allocate an exhibition page to the artist on the galleryís website.

2)    Mark works supplied to the gallery by the artist with watermarks so that the watermark will be visible and serve as a deterrent to have the artistís work copied by others.

3)    Group works on the page allocated and referred to above so that it is difficult for third parties to copy and paste the artistís works.

4)    Promote the artist as per the subscription plan and marketing options chosen by the artist.

5)    Promote and exhibit the artistís work as per the subscription offer chosen by the artist.

6)    Work with the artist to advertise the artists, work on social media.

B.         The artist undertakes to:

1)    Provide the gallery with:

a)    High resolution JPEG images to be placed on the galleryís website.

b)   Profile of the artist in an editable format.

c)     Full description for the work to be exhibited in terms of:

d)   Media used,

e)    Dimensions,

f)      Pricing

g)    Any other information deemed essential by the gallery to promote the work.

2)    Agree that the gallery uses security measures on its website to ensure that the artistís images are protected.

3)    Provide the gallery with contact details in the form of:

a)    A phone number, and

b)   An email address,

c)     So that prospective buyers can contact the artist about works displayed in terms of this agreement.

4)    The artist understands that the gallery acts merely as a promotor and that the artist has the freedom to sell his/her works without consent from the gallery.

5)    The artist understands that the gallery will not guarantee prospective buyers about the availability of any of the works produced by the artist.

6)    Any transactional arrangements to buy works from the artist will be between the artist and the prospective buyer with the clear understanding that the gallery will not influence prospective buyers at the detriment of other artists who exhibit on the galleryís website, or on any other space used by the gallery for the purpose of exhibiting and promoting the artistís works.

7)    The artist guarantees the gallery that all works submitted for exhibition are the original and own work of the artist.

8)    Any dispute about originality between the artist, a prospective buyer and any other third party is a matter between the artist and such party.Thus, the gallery will not be participating in such disputes.

9)    It remains the sole discretion of the gallery to remove the artist from all of the providerís exhibition spaces in case of:

a)    Discovering that the artist presented someone elseís work as his/her own.

b)   Actions by the artist that could bring the galleryís name in disrepute.

c)     The artist is in default of commercial arrangements with the gallery.

10)           The artist undertakes to inform the provider 90 (ninety days) in advance if the artist wants to terminate this agreement.

11)           The artist undertakes to provide the gallery with at least the minimum number of art images per month to exhibit as per the subscription plan chosen by the artist.

12)           The artist understands that the gallery cannot guarantee that the artistís works will be sold.

13)           The artist understands that the promotion of his/her work by the gallery will need an investment in terms of time and advertising cost so that the artistís works can become noticeable by potential buyers.

10.    Duration of this agreement

1)    The effective start date of this agreement will be date that the artistís submitted work is accepted by the gallery, and

2)    The artist is notified in writing by the gallery that his/her work was accepted by the gallery for the purpose of exhibition.

3)    This agreement will automatically renew twelve months after the date referred to in Clause (9) (1) above, unless the agreement is terminated by ether party ninety (90) days prior to expiration date of this agreement.

11.    Exhibition Spaces

1)    The artist accepted an offer to exhibit his/her work on the online platforms of the gallery, as stipulated hereunder:

12.    Exhibiting on the galleryís website

1)    The artist agrees that his/her works will be displayed on the provider website in exchange for an annual subscription fee payable to the gallery

2)    The artist is not restricted as to the number of works that he/she can display on above website as long as it matches the subscription plan chosen by the artist

3)    Works must meet the specifications of the gallery in terms of:

a)    Description,

b)   Dimensions

c)     Description of media and ground used

d)   Title

e)    Cropping

f)      Image resolution

g)    Other requirements that could be published by the gallery from time to time.

4)    Photo galleries on the website named as https://www.arumgallery.co.za/ will display artistsí works under the following conditions:

a)    It remains the artistsí responsibility to ensure that each work displayed on the website has a title that could be associated with the work.

b)   Should any work(s) be submitted without a title, it will be the sole discretion of Arum Creative Studios to provide a title to said work(s).Such title will be prefixed with the label ďIMAGEĒ followed by alphanumeric sequence.

c)     The photo galleries will NOT show:

i)       Dimensions of works

ii)    Mediums, grounds, techniques used to produce the work(s)

d)   Any status of the work(s) regarding price or status such as ďsoldĒ, ďavailableĒ, ďon auctionĒ or any other such status designation.

e)    However, for artists who make use of a subscription plan, a relevant catalogue will be published from time to time in which there will be more details about work(s) by the artist(s).

13.    Exhibiting on the galleryís social media pages

1)    The artist agrees that the gallery will exhibit the artistís works on the galleryís social media pages as part of a standard offering that is included in the annual subscription fee.

14.    Exhibiting works on the online stores owned by the gallery

1)    The artist gives permission to the gallery to advertise his/her work on virtual stores owned by the gallery and on other third-party commercial platforms that are deemed necessary to promote the artistís works.

2)    The gallery undertakes to inform the artist if any of above third-party platforms insist on charges to exhibit the artistsí works.In such case, the artistís works will not be exhibited unless:

a)    The artist instructs the gallery to do so, AND

b)   The artist agrees to recompense the gallery for any cost to display the artistís works on the platforms intended by Clause 13 (1) above.

15.    Marketing works as prints and originals

1)    The artist gives the gallery permission to market his/her works as:

a)    Original works, and

b)   To market the artistís works as prints in order to generate an additional income stream for the artist.

2)    It is hereby stated that marketing does not imply that a work will be sold. It remains the choice of target audiences who view the work(s) of the artist(s) to make a buying decision.

16.    Exclusivity

1)    The artist gives the gallery the exclusive rights to market and showcase the artistsí works for a minimum period of 12 months, after which this agreement will renew automatically unless terminated by either party ninety (90) days prior to the expiration date of this agreement

2)    For this period, the artist will submit images of all works to the gallery who will post the works on:

a)    All social media pages and

b)   Virtual stores deemed relevant by the gallery

17.    Submitting works to auction houses and other galleries

1)    The gallery will, from time to time, submit the artistsí works to auctions houses and other fine art galleries in an attempt to increase the artistís fame amongst potential collectors and/or buyers.

2)    The submission to auction houses and other galleries remains the sole discretion of Arum Creative Studios.

18.    Sales and Shipping of original works

1)    The gallery will submit all inquiries received from buyers about the availability of original works to the artist.

2)    It is the artistís duty to negotiate with the buyer and to ship original works to the buyer.

3)    Unless notified otherwise by the artist within 14 calendar days after the event in Clause (16) (1) and (2) above, the gallery will assume that:

a)    The buyer(s) referred to the artist by the gallery has bought the work inquired upon from the artist

b)   That a sales commission will be due and that the gallery will have the right to invoice the artist with so such service commission, and the artist will have a duty to pay such commission to the gallery.

4)    The gallery will make it clear to buyers that the artist cannot ship any original works unless:

a)    The buyer has ensured that the payment for the original work has reflected in the artistís bank account

b)   The buyer assumes the risk of the work purchase as soon as it is shipped to the buyer

c)     The buyer agrees to pay all shipping, handling and potential insurance costs

5)    The stipulations in Clause 16 (4) are intended as advice for the protection of the artist against unscrupulous buyers.However, it remains the right of the artist to negotiating terms with any buyer introduced to the artist by the gallery.

6)    The gallery will, on request, submit a set of shipping guidelines to the artist.The artist is advised undertake to follow said guidelines to prevent:

a)    Damage to works that must be shipped to a buyer

b)   Loss of income due to damaged works

7)    The gallery will not take any responsibility for damages to the artistís works and the artist hereby agrees to indemnify the gallery in case so such damage occurs at any point before, during and after the artist shipped work(s) to a buyer or buyers.

19.    Pricing of works

1)    The gallery will cross-check the prices of the artistís works against an application known as https://www.artpricecalculator.com/

2)    Should the above application suggest a price that is higher than what the artist indicated, the higher price will be used to promote the artistís works.

20.    Commissions

1)    The artist agrees to pay gallery a commission (as per the subscription plan chosen by the artist) on all sales generated through the channels and online stores used by the gallery to promote the artistís works.

21.    Flow of Money

1)    For the duration of this agreement, buyers will deposit the purchase price (plus shipping and handling) into the galleryís PayPal account or into the galleryís bank account, using the international SWIFT payment system.

2)    The gallery will pay funds over to the artist after:

a)    Monies have been made available by PayPal, and

b)   All bank costs have been paid by the gallery, and

c)     After the gallery has deducted the commission for services rendered, and

22.    Copyright and intellectual property

1)    The artist retains all rights to his/her works and authorises the gallery to safeguard that right by placing a ubiquitous watermark on all images of the artistís works when published on the galleryís website and/or online stores.

23.    Subscription Plans Available

1)    The artist can choose any of the subscription plans listed in the Subscription Plan Summary section hereunder.

24.    Work Authenticity

1)    Whereas Arum Creative Studios will do all it can to ensure that works displayed on our gallery, are authentic, we reserve the right not to get involved in disputes between artists, who showcase their work on our channels, and buyers who are interested to purchase works from artists.

25.    Artist Identity

1)    Arum Creative Studios prefer that artists submit works under their real names and not pseudonyms.

2)    However, should an artist use one or more pseudonyms, it must be disclosed to Arum Creative Studios to ensure that copyrights or intellectual property rights of other artists or individuals are not impacted.

26.    Pricing and Availability of Works

1)    Works displayed by Arum Creative Studios will display a price determined by the artist.Price negotiations will be between the artist and the buyer.Neither Arum Creatives Studios, Arum Gallery, nor Skopus Business Consultants CC will make utterances about price on behalf of the artist to any potential buyer.

2)    All works displayed are intended to showcase the range of talent by artists.Neither Arum Creatives Studios, Arum Gallery, nor Skopus Business Consultants CC will make utterances about the availability of works on behalf of the artist to any potential buyer.

27.    Types of Works Displayed

1)    Arum Creative Studios will display a range of works such as:

a)    Works in oil, ink, acrylics and other painting or sketching media

b)   Digital art produced by artists

c)     Prints of works that artists wish to sell

d)   Sculptures or three-dimensional works

e)    Resin art

f)      Acrylic pour art

g)    Other forms of artistic works at the discretion of Arum Creative Studios

2)    It remains the sole discretion of the artist to choose what types of works will displayed on the channels owned by Arum Creative Studios

3)    Works deemed offensive or inappropriate by viewers or potential buyers are a matter between the artist and the viewer.Neither Arum Creatives Studios, Arum Gallery, nor Skopus Business Consultants CC will get involved in disputes about such works.

28.    Contact Details of Artists

1)    Arum Creative Studios has a duty to protect personal information of artists who exhibit on any of our channels.

2)    Arum Creative Studios will pass on enquiries about the availability of works to the artist and remain in contact with the artist about an enquiry for as long as it is deemed necessary to do so.

29.    Shipment of Works

1)    It remains the artistsí responsibility to ship works to buyers in the timeframes agreed upon by artist and buyer.

2)    It remains the responsibility of the artist to ensure that he/she is fully paid by the buyer prior to the shipment of any works by the artist to the buyer.

3)    It remains the responsibility of the artist and buyer to ensure that works shipped are adequately insured against loss or damages.

30.    Commissions Payable to Arum Creative Studios

1)    Arum Creative Studios reserves the right to charge commissions on all works sold via the exhibition and marketing channels owned by Arum Creative Studios.

31.    Sales of Works

1)    Sales enquiries received from potential buyers or investors will be passed on to the applicable artist.

2)    Arum Creative Studios do not interfere with sales negotiations between the artist and applicable buyers/investors.

3)    The artist undertakes to notify Arum Creative Studios of the sales of all works exhibited on the channels owned and operated by Arum Creative Studios.

4)    The artist undertakes to disclose to Arum Creative Studios the price for which a work or work, exhibited by Arum Creative Studios, was sold.This disclosure is necessary for:

a)    The fair calculation of commissions payable to Arum Creative Studios

b)   The update of the artistís professional profile and applicable professional ratings.

32.    Other Terms and Conditions

As and when deemed suitable, additional terms and conditions could be added to this document and displayed on the website arumgallery.co.za.

33.    Additional Advertising

1.    Arum Creative Studios provide basic marketing and advertising services to artists based on the subscription package chosen by the artists.

2.    Should an artist require additional advertising to be done, Arum Creative Studios will assist the artists with segmented campaigns at a cost agreed to between the artist and Arum Creative Studios.

3.    All advertising will be done via suitable social media channels.

 

Date: Monday, Monday, 26 April 2021

Version: 7

34.    Subscription Options