Exhibitor Application and Contract
2009
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This application/agreement (“the agreement”) when countersigned by both parties, becomes a binding agreement regarding participation in the contemporary art exhibition in Miami-Dade County, Florida known as Art Within Art 2009 (“the exhibition”)
Application/agreements and proper application fees and deposit should be returned to Art Within Art, by November 20th, 2009 at the address set forth on the signature page of this agreement. An application received after this date will not guarantee consideration by the selection committee or show management, or placement due to space availability.
I PROPOSE TO EXHIBIT: Paintings ____Sculpture ____ Photography ____ Other (specify)___
APPLICATION AGREEMENT:
1. This Exhibitor Application and Contract (this “Agreement”), completed in its entirety and accompanied by the requested information and materials, constitutes an application for exhibit space in Art Within Art 2009. It is subject to review and approval by Art Within Art. All applications will be accepted or declined at the sole discretion of Art Within Art.
2. Accepted applications will be countersigned after the selection process and dated by Art Within Art to become a binding contract. Applications that are not accepted will be refunded the full deposit.
3. All exhibitors agree to be bound unconditionally by the Art Within Art Conditions of Participation.
If accepted, the balance of participation cost shall be paid by Exhibitor in accordance with the assigned payment schedule and no later than November 20th, 2009. In the event Exhibitor fails to make such payments by November 20th, 2009, Art Within Art reserves the right to reassign Exhibitor’s location and/or offer said location to other Exhibitors. Exhibitor shall remain fully responsible and liable for any and all obligations as set forth in this Agreement.
This Agreement between the above named exhibitor (herein called “Exhibitor”) and Art Within Art, LLC (herein called “AWA”), along with the Exhibitor Service Manual and the attached Conditions of Participation govern the terms and conditions of the parties’ relationship.
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, including the Conditions of Participation, and agree to be bound by the terms and conditions herein.
Authorized Signature __________________________ Date___________________
The authorized signature acknowledges full agreement with the attached Conditions of Participation, and that he/she has carefully read the Conditions of Participation and fully understands its meaning.
Application Deadline: November 20th, 2009
Accepted by Art Within Art ________________________________ Date__________________________
Please fill,. sign and date the application form and email to:
Art Within Art • 1275 W. 47th. Place, Suite 112 • Hialeah, FL 33012
Tel: (01) 786-507-9855 • info@artwithinart.info • www.artwithinart.info

Conditions of Participation
Proposed Exhibition
The call is addressed to all artists. The purpose of this exhibition is to allow artists to present their work at an international level, to enable and facilitate the approach and continuity of a possible collaboration with the participating parties.
Please submit an email with no more than 5 JPEG images of the work you propose to exhibit, along with a Word document including the artists’ biographical information and image details. All images must contain the file name in the title of the work, technique and measures, eg.: Flowers-Acrylic-15x20in.jpg
The images are for viewing on screen (PC) and do not need to be high resolution.
At the time of the exhibition the work must be delivered ready to hang or display, on the required date.
Size: see guidelines reference graphic for paintings and photographs. Free theme.
Each participant must complete the forms in duplicate, with his/her personal data and the work’s.
Exhibitor Move-In/Move-Out: Movement of exhibits in and out of the Hall must be handled by official Show contractors. No exhibit will be allowed into or out of the Hall without an official clearance from Show Management. The Exhibitor must make its own arrangements for transportation of exhibits and packing materials. Show Management cannot accept or sign for exhibits on behalf of the Exhibitor. Move in and move out times and access outside of Show hours are limited to those arranged by the Exhibitor and Show Management. At such time after the close of the Show as Show Management may specify or upon sooner termination of this Agreement, all exhibits shall be removed and cleared from the Show space and vacant possession of the exhibit space shall be delivered to Show Management in as good and clean order and condition as it was when delivered to Exhibitor. Exhibitors will pay the cost of repairing any damage caused to the Hall facility by the Exhibitor and/or its contractors. Any property remaining after the last day designated by Show Management for it to be removed may be held or otherwise disposed of by Show Management or Hall Management at the Exhibitor's expense. No property may be removed from the Show before the Show ends.
Safety: All display materials used for decoration must be flameproof. All electrical equipment or devices used in or about an exhibit must be in good operating condition and able to pass fire and/or electrical inspections. Extra materials stored in exhibitor's booth space must not block access to the exhibit or cover electrical wires or outlets. Exhibitor shall cooperate responsibly with local ordinances and Hall Management rules regarding health, fire prevention and public safety. If inspection of an Exhibitor's space discloses a failure to comply with any applicable law, code or regulation, or if Show Management determines that all or any part of an exhibit presents a fire hazard or other danger, Show Management may cause the removal of all or a portion of such exhibit at the Exhibitor's expense. Under no circumstances may the weight of any equipment or exhibit material exceed the Hall's maximum floor load. Exhibitor accepts full and sole responsibility for any injury or damage to property or persons resulting from failure, knowingly or otherwise, to distribute the load of its exhibit material in conformity with the maximum floor load specifications. Exhibitor acknowledges that Show Management and Hall Management reserve the right to remove all persons and property from the Exhibition Facility without the necessity of or resorting to any legal proceeding and at any time may eject unruly, disorderly or otherwise disruptive persons from the Hall, including the facilities licensed to Exhibitor and Exhibitor hereby waives any right or claim for damages in connection with the exercise by Show Management or Hall Management of this right.
Security: A security guard service is provided to prevent entry to exhibit area by anyone not authorized by Show Management or not wearing proper badges for admission to such areas outside show hours. The security guard service supplied does not guarantee Exhibitor against loss, neither does it imply an assumption of liability for Exhibitor's property by the Hall or Show Management. Merchandise security passes with an authorized signature and/or passes issued by Show Management must be utilized. The above is for the protection of the Exhibitor and shall not be construed as any guarantee or indemnification whatsoever to the exhibitor against loss or theft or otherwise, nor does it imply an assumption of liability by the Show, Show Management, the Hall or Hall Management with respect to Exhibitor's property.
Liability: Show Management will not be held 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 Show. Show Management shall not be responsible for loss or damage to displays or goods belonging to Exhibitor or consigned to Exhibitor or otherwise brought to the Show by or on behalf of Exhibitor, whether resulting from fire, storms, water, acts of God, air conditioning or heating failure, theft, pilferage, acts of terrorism, mysterious disappearance, bomb threats or other causes. All such items are brought to the Show and displayed at Exhibitor's own risk, and should be safeguarded at all times. Exhibitor agrees that Show Management, Show Management's service contractors, the Hall and their representatives, employees and agents are not liable for any injury, loss or damage that may occur to Exhibitor, or to Exhibitor's employees, agents, guests or property from any cause whatsoever, prior to, during or subsequent to the period covered by this Agreement. Exhibitor assumes responsibility and agrees to indemnify, defend and hold Show Management, Hall Management, their affiliates and their respective employees and agents harmless from and against any claims or expenses arising out of the (a) the execution of this Agreement, (b) the use of exhibition premises or (c) the acts, omissions or negligence of Exhibitor, its employees, agents or contractors, by reason of personal injuries, death or property damage or any other cause of action sustained by any persons or others. Exhibitor assumes all responsibility and liability for losses, damages and claims arising out of injury or damage to, or caused by, Exhibitor's displays, equipment, employees or representatives. In no event shall Show Management or any of its affiliates be liable for any special, incidental, indirect, punitive or consequential damages arising out of or in connection with this Agreement. The liability of Show Management and its affiliates and Exhibitor's remedy for any claim of loss or damage arising from or related to this Agreement, regardless of the form of action, shall be limited to one-half of the fees paid to Show Management hereunder.
Attendance: Show Management shall have sole control over admission policies at all times.
Filming and Video Recording Rights; Electronic Messages: From time to time, photographs, motion pictures and/or video recordings may be made in the Show facility, which recordings may include images of Exhibitor, its employees, agents and related merchandise and displays. Exhibitors may not hinder, obstruct or interfere in any way with such photography or recordings whether by Show Management or its agents, and hereby consent to Show Management's use of such recordings for commercial purposes. In connection with the other provisions of this paragraph, Exhibitor hereby grants Show Management a non-exclusive, royalty-free, revocable, non-transferable worldwide license (without the right to sublicense) to use Exhibitor's trademarks, service marks, logos, trade names, copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files and images. By providing Show Management the email addresses set forth on the first page of this Agreement, Exhibitor hereby consents to receiving unsolicited commercial e-mail messages from Art Within Art, its affiliates and partners as well as third parties licensed to send such messages to Exhibitor by any of the foregoing.
Errors and Omissions: Exhibitor agrees that Show Management will not be liable in the event of any errors or omissions in the Show's catalog directory or in any related materials. Exhibitor acknowledges and agrees that Show Management makes no representation or warranties with respect to the number of exhibition attendees or the demographic nature of such attendance. The Exhibitor shall be responsible for the content of the entries and for any damages claimed through the publication thereof.
Assignment: This Agreement cannot be assigned, in whole or in part, without the written approval of Show Management. Show Management may assign this Agreement without the prior written consent of Exhibitor.
Severability: If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
Costs, Expenses and Attorneys' Fees: If either party commences any action or proceeding against the other party to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party the actual costs, expenses, and attorneys' fees (including all related costs and expenses) incurred by such prevailing party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.
Applicable Law and Venue: This Agreement shall be governed by Florida law without application of its conflict of laws principles. Any suit relating to this Agreement shall be instituted in a state or federal court in Florida and the parties submit to the jurisdiction of any such court.
Sponsorship Agreement: All rules and regulations of all applicable sponsorship agreements and related materials are hereby incorporated into this Agreement.
Americans with Disabilities Act: Exhibitor acknowledges and agrees that, the Show will be a public accommodation as defined under Title III of the Americans with Disabilities Act ("ADA"). As a public accommodation, Exhibitor agrees that in connection with the Show, Exhibitor will: (i) provide, at its expense, any auxiliary aids and services as may be necessary to ensure effective communication with Exhibitor by attendees of the Show; (ii) assure, at its expense, that displays posted at or on Exhibitor's space(s) are accessible to individuals with disabilities; and (iii) not discriminate or retaliate against any individual in violation of the ADA.
Additions or Corrections: Show Management may amend these terms from time to time in the best interest of the Show upon written notice to Exhibitor. Exhibitor agrees to accept notice of additions or amendments and to consider them as part of this Agreement.
Authenticity: Should the authenticity of any work of art be placed in issue during the course of the exposition, Show Management reserves the right to have said work withdrawn from the exposition unless the exhibitor can furnish a provenance suitable to Show Management in its sole discretion for the work in question. All such decisions are at the sole discretion of Show management. Exhibitor is strictly accountable for the authenticity of the works of art which are shown or sold at the Show. The Exhibitor shall indemnify and hold Show Management and Art Within Art harmless against any claims whatsoever made with regard to the authenticity of any work, with regard to any misrepresentation or any irregularity made with respect to the sale of any artwork at the exposition, as well as any expenses incurred by Show Management, including attorney's fees. Exhibitors are required to abide by all copyright laws. No copyright infringing items may be sold or offered for sale at the show. The sale of copyright infringing items is a material breach of this agreement. Suspected infringing items are subject to seizure by management (in its sole discretion) and will be held for the duration of the show. Repeated violations of this prohibition are grounds for the removal of Exhibitor. No refunds will be paid if Exhibitor material is removed for selling infringing works. Management will not be liable to Exhibitor for any refunds or in any other manner for the seizure of allegedly infringing works or the closure of a booth based on claims of copyright infringement. Exhibitor agrees to indemnify and hold management harmless from any damages, costs, expenses (including reasonable attorney fees), judgments and/or settlements which management incurs as a result of claims that Exhibitor is selling infringing items.
Restrictions: Signage for the Show must be show standard. No Exhibitor will be allowed to mount, display or post non-uniform signage without prior written approval. All furniture must be show standard. No additional furniture, displays, storage units or similar furnishings will be allowed without prior written approval. Lighting: All lighting must be show standard and approved by Show Management. No unapproved individual Exhibitor lighting systems will be permitted at the Show. Cinema, video, audio, non-approved printed material and posters are not permitted at the Show.
General Remarks: Special Exhibition badges must be worn by Exhibitor's staff. All verbal agreements, individual permits and special arrangements must be confirmed in writing. No food will be allowed outside the designated eating areas. Violation of the rules can lead to Exhibitor expulsion without refund. No signs or banners extending beyond the limits of an Exhibitor's space will be allowed unless confirmed in advance and in writing by Show Management. Exhibitor must remain with all artwork and/or their freight until the designated shipper has removed same from premises.
Cancellation / Space Reduction: In the event Exhibitor seeks to cancel this license for exhibition space, or withdraw from the Show, Exhibitor acknowledges that Show Management would be harmed and suffer loss and that it would be difficult to determine the precise values for or amount of that harm. All cancellations, withdrawals or requests for reduction in space by Exhibitor must be in writing, by certified mail, return receipt requested. The date of cancellation, or withdrawal, as applicable, shall be the postmark date on the notice. If Exhibitor cancels, or withdraws its space requirements for the Show, Exhibitor agrees to pay on demand to Show Management the amounts set forth below if not previously paid by Exhibitor. Such payment shall be liquidated damages and not penalty, and the parties agree that such amounts constitute a reasonable provision for liquidated damages. Written notice given 45 days before Show date no cancellation fees will be charged, deposit is not refundable.
Protection of Facilities: Nothing shall be posted on, or tacked, stapled, nailed, screwed, or otherwise attached to the columns, walls, floors, or other parts of the hall exhibit area without permission from the proper building authority. Fluids, caustic or staining, must not be used where they may damage floor coverings. Packing, unpacking and assembly of exhibits shall be done only in designated areas and in conformity with directions of Exhibition Management, the hall manager or their assistants. Exhibitor shall not deface, injure or mar in any manner the facilities at the Hall. Exhibitor shall not paint or apply any other permanent covering to any of the walls, floors, ceilings or other areas of the facilities at the Hall or its furnishings or fixtures. Exhibitor acknowledges that Show Management and Hall Management reserve the right to remove all persons and property from the facilities and premises without the necessity of or resorting to any legal proceeding.
Installation and Dismantling: Hanging will be made by Show’s Curator at her sole discretion for the Show’s best result. Special arrangements will be made for installations and sculptures that may require Artists’ set up.
Insurance - MANDATORY A. Exhibitor agrees to maintain adequate insurance to fully protect Show Management and its affiliates, co-sponsors, service contractors and the Hall and Hall Management from any and all claims, arising from Exhibitor's activities including, but not limited to, the installation, operation and dismantling of Exhibitor's display. The foregoing insurance requirement includes claims under the Worker's Compensation Act or for personal injury, death, or for damage to property. Exhibitor understands that neither Show Management nor the Hall maintains insurance covering the Exhibitor's property and it is the sole responsibility of the Exhibitor to obtain such insurance.
B. The Exhibitor is responsible for any and all damages caused by Exhibitor or Exhibitor's agents, employees or guests. Exhibitor agrees to indemnify, defend and hold harmless Art within Art, its affiliates, subsidiaries, agents and employees from and against any liability for loss or damage of any kind which Exhibitor may directly or indirectly cause.
Exposition Cancellation. Under no circumstances will Art Within Art or its agents or representatives be liable to Exhibitor for the fulfillment of this Agreement if non-delivery of the exhibit space is due to any of the following causes: by reason of fire, act of God, public enemy, terrorism, war or insurrections, strikes, the authority of the law, postponement or cancellation of the event/show or for any cause beyond the control of Art Within Art. Exhibitor shall obtain, at its own expense, adequate insurance against any risk of loss associated with the event/show being canceled, postponed, rescheduled, or relocated. In the event that the event/show is canceled, postponed, rescheduled, or relocated for any reason beyond the control of Art Within Art, Exhibitor shall remain liable to and shall pay Art Within Art the full amount of the Exhibitor's unpaid cost, together with any additional amounts due from Exhibitor under this agreement. No refunds or credits shall be made by Art Within Art or any of its agents or representatives in the event of a cancellation of the event/show for any circumstance beyond the control of Art Within Art. Under no circumstances will Art Within Art or its agents or representatives be liable for lost profits or other incidental or consequential damages.
Definitions: "Exhibitor' means the applicant identified on the front hereof; (b) "Show" means the specific expositions or conferences identified on the front hereof; (c) "Show Management" means Art Within Art, its agents, employees and affiliates; (d) "Hall Management" means the owner or manager of the facility/land in which the Show is conducted, and its employees and agents; and (e) "Hall" means the facility in which the Show is conducted.
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