These Terms and Conditions are entered into by Art Evolution Limited (hereinafter ‘Art Evolution’) and the Artist (hereinafter ‘Artist’) completing an online application via www.artevolution.co.uk.
The Artist hereby consigns to Art Evolution the Work(s) of Art (hereinafter, collectively and individually, “Work”) as listed in all ‘Asset Descriptions’ submitted by the Artist to Art Evolution, online at www.artevolution.co.uk. Each piece of Work is consigned for the purpose of renting and/or sale to Art Evolution’s clients. All sales shall be final.
During the period of consignment Art Evolution is hereby unconditionally authorised to use the Work and images of the Work without the prior consent of the Artist in any manner it deems appropriate in connection with its display, rental or sale. Artists will be responsible for the storage of Work until they are rented and/or sold to Art Evolution’s Client(s). Once Work has been rented to Art Evolution’s Client(s) it will be consigned for a minimum period of six (6) months from the date of installation at Clients’ premises on the terms set out in the Rental Agreement (supplied upon request).
The term of each Rental Agreement of any Work to Client(s) shall be a minimum of six (6) months. Monthly rental premiums will be fixed by Art Evolution.
The Artist will receive 50% of the amounts received by Art Evolution (exclusive of any VAT charged to Art Evolution’s Client(s)) under the terms of the rental agreement. Art Evolution will be responsible for collecting the rental premiums from the Client for the Work, and shall, subject to the Client paying in accordance with the terms agreed with such a Client, pay the Artist quarterly in arrears directly into the bank account detailed on page 1 of this Agreement. In the event of a sale the Rental Agreement will be terminated and eighty seven and a half percent (87.5%) of the Artist Price (exclusive of any VAT charged to Art Evolution’s Client(s)) shall be paid to the Artist within thirty (30) days upon receipt of payment by Art Evolution from the Client(s), directly into the bank account detailed on this Agreement. Art Evolution will retain twelve and a half percent (12.5%) of the Artist Price (exclusive of any VAT charged to Art Evolution’s Client(s)), as a commission. Art Evolution is permitted at any time to accept an offer to purchase from a Client at the Artist Price of the Work without referred consultation with the Artist. In the event of an offer at a price lower than the Artist Price of the Work Art Evolution will refer to the Artist.
The Artist Price of the Work is stated on the Asset Description, within the Artist Account found online at www.artevolution.co.uk. In the event of a sale (of artwork currently not rented), made by Art Evolution, the Artist Price (exclusive of any VAT charged to Art Evolution’s Client(s)) shall be paid to the Artist within thirty (30) days upon receipt of payment by Art Evolution from the Client(s), directly into the bank account detailed on this Agreement. Art Evolution will retain the difference between the Artist Price, as per the Asset Description, (exclusive of any VAT charged to Art Evolution’s Client(s)), and the Sale Price (as published at www.artevolution.co.uk) as a commission. Art Evolution is permitted at any time to accept an offer to purchase from a client at the Artist Price of the Work without referred consultation with the Artist. In the event of an offer at a price lower than the Artist Price of the Work Art Evolution will refer to the Artist. For the avoidance of doubt upon sale of Work all rights will be transferred to the Client(s).
An Artist may agree to sell, rent or loan Work which has been submitted to Art Evolution at any time to individuals who are not considered, by Art Evolution, to be Art Evolution Clients. If, however, the Work is being rented at the time of the sale agreement, its sale cannot complete until the end of its current Rental Agreement. In any event the Artist must provide Art Evolution with thirty (30) days written notice prior to the end of the relevant rental agreement if Work is to be removed from Art Evolution’s portfolio. If less than thirty (30) days notice is given Art Evolution reserves the right to offer the Work to the Client for a further rental period or to offer Work for purchase.
4. VALE ADJUSTMENT:
Artists may re-assess the Artist Price of their Work once during each year of this agreement at thirty (30) days written notice to Art Evolution. Art Evolution reserves the right to decline Work and/or remove it from its portfolio following value adjustment.
5. CONDITION AND FRAMING:
If, in the judgment of Art Evolution, any Work is not properly framed, mounted, in good condition or is susceptible to damage by reason of the fragile materials with which the work has been made, Art Evolution reserves the right to refuse consignment. Art Evolution will accept unframed Work at its discretion. Art Evolution reserves the right to stipulate the style and nature of frames based on Art Evolution’s Clients’ requirements. For the avoidance of doubt this will be at the cost of the Client.
As stated herein, until the Work is either rented or sold, the Artist will retain its ownership and be responsible for its storage.
Once the Work is requested for rental or sale Art Evolution will notify the Artist immediately and it will be the Artist’s responsibility to deliver the work to Art Evolution’s registered office within seven (7) days of receipt of such notice. If the Artist fails to deliver the Work within seven (7) days Art Evolution retains the right to replace the relevant Work with another artist’s work. Subject to the artist complying with the provisions of this clause it will be Art Evolution’s responsibility to ensure available Work is delivered to the Client.
The total liability of Art Evolution with respect to any Work shall be limited to actual loss or damage (whilst in Art Evolution’s possession) and shall not exceed fifty percent (50%) of the Artist Price as stated in the Asset Description, online at www.artevolution.co.uk, following certification by a third party, appointed by Art Evolution, that the Artist Price is a true representation of the value of the Work.
For the avoidance of doubt Art Evolution will be liable only when the Work is in their direct control. This includes during transportation between Art Evolution’s registered office and Client premises and whilst stored at Art Evolutions registered office.
In the case of repairable damage to a piece of work, Art Evolution’s liability shall not exceed the actual cost of repair. Art Evolution shall not be responsible for any indirect or consequential loss or damages including, without limitation, loss of business or profit however arising. This provision shall survive termination of this Agreement.
For avoidance of doubt the Artist acknowledges that the Client shall bear the entire risk of loss, theft, damage or destruction to Work from any cause whatsoever as from the date of delivery of Work to their premises.
Art Evolution’s liability shall be to the exclusion of any other liability to the Artist whether negligent, contractual, tortuous or otherwise, for defects in Work, for death or personal injury caused or for any loss or damage.
All pieces of work will be covered under Art Evolution’s insurance policy whilst under their direct control. The Client’s own insurance policy will protect against all risks of physical loss or damage from any insurable cause while rented.
Art Evolution may photograph and/or reproduce, for promotional purposes, any consigned Work. The Artist consents to the use of his/her name, artist statement, biography and descriptions of work for such promotional purpose. Any intellectual property rights remain in the ownership of the Artist until sale under the terms of this Agreement.
10. TERMINATION OF THE AGREEMENT:
10.1 This Agreement is terminable at any time by Art Evolution, with or without cause, by written notification to the Artist, only during the period of time the Work is not leased [or under offer of sale]. The Artist has seven (7) days from the date of notification to arrange collection of the Work from Art Evolution’s registered office. If not collected within the stipulated time period, the Artist will be charged storage at the rate of £5 per day for each piece of Work. The Work will be released to the Artist on settlement of the storage charge.
10.2 This Agreement is terminable by the Artist with or without cause, by written notification to Art Evolution, only during the period of time the Work is not leased or under offer of sale. After the Artist notifies Art Evolution of termination, the Work must be collected, by the Artist, within seven (7) days of notification from Art Evolution’s registered office. If not collected within the stipulated time period, the Artist will be charged storage at the rate of £5 per day for each piece of Work. The Work will be released to the Artist on settlement of the storage charge.
10.3 This Agreement is terminable by either party on insolvency of Art Evolution.
11. WARRANTIES PROVIDES BY THE ARTIST:
The Artist named on this Agreement warrants that he/she has all rights and consents necessary to enter into this Agreement.
Should the Artist move, or leave the address detailed in this Agreement for an extended period of time, it is the Artist’s responsibility to inform Art Evolution of the change of address and/or telephone number. If Art Evolution cannot reach the Artist after sixty (60) days, from the initial date of unsuccessful contact, the ownership of Work is transferred to Art Evolution.
12. WARRANTIES PROVIDED BY ART EVOLUTION:
In the event of a change of office address and/or telephone number, or if the offices of Art Evolution should close for an extended period of time, it is the responsibility of Art Evolution to notify Artists of Art Evolution’s whereabouts and the whereabouts of Artists’ Work.
This Agreement contains the entire agreement between Art Evolution and Artist and can be amended only in writing, signed by both parties. This contract is governed by the Laws of England and Wales. All prices quoted exclude V.A.T. and/or other taxes.
This Agreement shall not be assigned, transferred or charged by either party except with written consent to the other.
No term of this Agreement is intended for the benefit of any third party and the parties do not intend that any term of this Agreement should be enforceable any a third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Any clauses deemed void in this Agreement shall be severed from all remaining clauses and such remaining clauses shall be preserved.
The Artist hereby accepts the above terms and conditions.