Terms and Conditions
June 2023.
www.tokyotowerartfair.com
This Agreement is between the applicant (hereinafter referred to as the “Exhibitor”) and ICM Gestora Cultural, SLU, a EU corporation residing at Passeig de Gràcia, 95, 5º, 1ª, 08008 Barcelona (Spain) (hereinafter referred to as “Organizer”).
By submitting application information, checking the “I Agree” checkbox at the time of submitting your application and/or executing this agreement, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions of this agreement (as amended from time to time by ICM Gestora Cultural, SLU in their sole and absolute discretion). if you do not wish to be bound by this agreement, do not indicate your acceptance and do not apply for TTAF (Tokyo Tower Art Fair). By continuing and applying for TTAF organised by ICM Gestora Cultural, SLU following a change to this agreement, you are accepting and agreeing to the change.
By accepting the terms and agreement by checking the "I Agree" checkbox upon application, you are committed to a legally binding agreement with ICM Gestora Cultural, SLU and agree to the terms laid out in this contract in regards to TTAF 2024 held on 24-25-26 May 2024 at the Tokyo Tower, Tokyo (Japan). Payments made are non-refundable.
1. Exhibitor will consider as confidential any and all information it receives in tangible form from Organizer that is marked as Confidential or Proprietary and will use only for the purposes set forth above. Information which is disclosed orally will be considered confidential information if it is reduced to writing and sent to the receiving party within two weeks of the disclosure. Exhibitor agrees to receive and maintain all information in strictest confidence using care except as provided herein and will not use information for own benefit or disclose it to third parties without written consent of Organizer or use such information in a manner competitive to Organizer.
2. Exhibitor hereby leases the booth space at the rental price (subject to adjustment as stated herein) described on page 4 of the Agreement, exclusive of applicable state and local taxes, plus decoration and charges as set forth below, all of which additional costs and charges will be invoiced directly to Exhibitor and considered to be additional rent due to Organizer hereunder. All payments made pursuant to this Agreement will be made exclusively in Euro currency. Payments made hereunder may be made by credit or debit card, PayPal or bank wire transfer (all wire transfers must include additional wiring fees).
3. Included in the booth rental will be: 2.40 meters hardwood perimeter Exhibition Booth, Spotlights, Booth Signage, Catalogue Feature, Private View, TTAF Awards nomination, Promotions, Exhibitor Profile on our website, 1 x copy Official Catalogue featuring all exhibitors, 2 x invitations to Private View, 0% commission charged on sales. Additional charges not included in the booth rental are: extra walls, extra lights, electrical power drop, table, chairs, extra catalogues, custom carpeting, additional signage, furniture, miscellaneous electrical services, shelving, sculpture pedestals, and extra feature in Catalogue. Prices are outlined in the application form.
1.0 ARTWORKS FOR SALE
1.1 Prints on sale must be editions of no more than 250.
1.2 All work must be original and by living artist. Unless otherwise agreed.
1.3 Artists cannot display the work or services of another party without prior permission.
1.4 All work displayed must be for sale.
1.5 By submitting artwork you are agreeing the work is your own original work of the exhibiting artist and do not infringe the copyright or other intellectual property rights of any third parties.
1.6 The Exhibitor must conform to the regulations and conditions concerning explosives and dangerous materials, combustible or otherwise, as laid down by local authorities and other statutory bodies. Any materials or exhibits not approved by these authorities or the Organisers must be removed from the premises.
2.0 APPLICATION AND SELECTION
2.1 ICM Gestora Cultural, SL, with the help of an advisory committee, will select exhibitors for the Art Fair. The advisory committee studies all applications for the TTAF and reserves the right to approve or not approve the exhibitor. The committee also reserves the right to refuse some of the proposed artists and, if these artists are exhibited during the Art Fair, to remove the non-valid works of art.
3.0 EXHIBITION SPACE
3.1 Artists cannot sublet their space or any part of it to another party without prior permission from the fair Organisers.
3.2 All work displayed must be shown within the confined of your designated stand.
3.3 All exhibitors will be allocated to their exhibition space.
3.4 You may collaborate with another artist if you wish to show in a group, arranged prior application.
3.5 Stands are nontransferable.
3.6 You must not bring anything that will spill out beyond the boundaries of your space, cause a health and safety hazard or be deemed inappropriate at a professional fair. Cordial collaboration between your neighbours is recommended, please show consideration for the other exhibitors. You will be asked to remove anything that contradicts the above.
3.7 The Exhibitor agrees not to assign or sublet any stand space allocated to him without prior consent from the Organisers, not to display or advertise goods or services other than those manufactured or carried by him in the normal course of business.
3.8 PANEL AND HANGING INFORMATION:
3.8.1. YOU CAN USE:
Limited screws, nails, velcro, hanging hooks, blu-tack, double-sided tape.
3.8.3 YOU CANNOT USE:
Drilling, foam tape, velcro when artwork is too heavy to carry weight, permanent fixings.
3.8.4. ALL ADHESIVES, ADHESIVE FIXTURES AND SCREWS, PINS ETC MUST BE REMOVED BY THE EXHIBITOR AT THE END OF THE ART FAIR.
3.8.5. FIXING AND ATTACHING AGREEMENT:
i. Any variation to the described fixing and attaching agreement (above) will result in a penalty fee to the client/exhibitor at the end of the Art Fair.
ii. In respect of damage incurred in excess of allowable and reasonable defacement, set up by the conditions in the fixing and attaching agreement (above), the Organisers ICM Gestora Cultural, SL, will invoice the client/exhibitor for the excess damage to the units.
3.8.5. You cannot drill into the units - and there is no need as the walls are hollow not solid. So no need for raw plugs.
3.9 Artwork left overnight is at own risk.
4.0 BUILD-UP AND TAKE-DOWN
4.1 The exhibitor agrees to arrive and install works at the specified times.
4.2 The exhibitor agrees to hang their own work, and is responsible for hanging and taking down securely. Any damages or accidents that happen are the responsibility of the exhibitor. ICM Gestora Cultural, SLU or third parties cannot be held liable.
4.3 Exhibitors build up will take place on Friday 24 May from 13.00pm Tokyo local time. Be there at the strict time, to be able to open for the Art Fair from 18.00 to 21.00pm.
4.4 Take down will be on Sunday 26 May 2024 from 18.00pm. Closing time is strict 19.00pm on Sunday 26 May 2024.
4.6 After take down you leave the place clean, no litter and take all unsold items back including packaging. Stickers and Velcro will be taken off the panels, and all hiring equipment hired from ICM Gestora Cultural, SLU will be returned at take-down. Exhibitors failing to do so will be charged a penalty fee.
5.0 STORAGE
5.1 ICM Gestora Cultural, SLU has the use of a private storage space at the venue available to exhibitors, where you may keep your personal belongings and art packaging at own risk.
5.2 The Storage area is for exhibitors to store tools, extra work (up to x3 extra works per exhibitor). This is in an unlocked room (as it needs to remain accessible by yourselves) and though separate from the main body of the hall is a thoroughfare for staff. You therefore leave anything here entirely at your own risk.
6.0 LIABILITY
6.1 ICM Gestora Cultural, SLU and third parties cannot be held liable for any expenses incurred, nor for any accidents, damages or theft that might happen on the premises of Tokyo Tower, where the Tokyo Tower Art Fair (TTAF) will be held.
6.2 The person that is responsible to any damage accidental or on purpose to the venue, or to the exhibition walls or to material provided by ICM Gestora Cultural, SLU will be held liable, and will be charged for the damages.
6.3 Exhibitors are responsible for third party liability risks and have to be insured against third party liability risks.
6.4 ICM Gestora Cultural, SLU is not responsible for damage arising at the event caused by the public, exhibitors, contractors, volunteers or third party and cannot be held liable. Entering the building to visit/exhibit at the Barcelona International Art Fair is at own risk.
6.5 The Organisers ICM Gestora Cultural, SLU’ cannot be held responsible for any loss, theft or damage to exhibitors work or personal possessions. Any claims for personal injury or damage to property by third parties or employees cannot be made to the organisers or third party.
6.6 No nails, screws or other fixtures may be driven into any part of the building structure including floors. Care should be taken to avoid any damage to any part of the building. Should any such damage or disfigurement occur, the Exhibitor shall be liable for any reparation charges incurred.
7.0 SECURITY
7.1 You will be exhibiting in a secure environment, however both the venue Museu Maritim and the organiser ICM Gestora Cultural, SLU are unable to accept responsibility for lost or damaged works, and/or personal injury.
7.2 ICM Gestora Cultural, SLU has arranged security staff at the event, but are not liable or responsible in case any theft or any damage that may occur.
7.3 Security staff will be on duty throughout the period of tenancy of the Event but shall be under no liability for loss, damage or theft. Name badges must be worn at all times by Exhibitors.
8.0 PAYMENTS
8.1 If you are successful in your application at least 50% of your booking fee will be due within deadline notification to secure your space. The payment including optional extras booked, and including any fees, currency fees and transfer fees, will be due after the payment deadline.
8.2 Payments are non-refundable. If the exhibitor cancel their participation no refund will be issued.
8.3 Any payments made that are coming short due to currency conversion, international fees or Paypal fees, will have to be paid before exhibition to be able to take part unless otherwise is agreed. Exhibitors will be notified about this in advance.
8.4 The Exhibitor agrees that all exhibit fees related to exhibiting at the Event, or any other amounts owed to the Organiser, must be paid to the Organiser prior to the Exhibitor’s setting up at the Event and before the payment deadline of February 2024. In the event that the Exhibitor fails to pay any or all such fees in accordance with payment deadlines, the Organiser reserves the right to reassign or cancel the Exhibitor’s Space. In the event that Exhibitor pays the exhibit fees after such reassignment, the Organiser may, in its sole discretion, assign such other exhibit Space, if then available, which the Organiser deems appropriate. The Exhibitor remains liable for payment of all previously agreed fees.
8.5 When your application is successful, at least 50% non-refundable deposit is required within 30 days of acceptance notification. Unsuccessful applicants do not need to pay. The payment in full is required before 1st February 2024. Payments made are non-refundable. Booking fee's are plus 5% (Visa/Mastercard/PayPal/ bank wire transfer) to cover transaction costs.
8.6 PAYING IN INSTALLMENTS. For those who wish to pay in installments have to email us with request. When agreed, a first installment (non-refundable) payment is needed of 50% within 30 days of acceptance email. The other 50% need to be paid before the deadline of 1st February 2024. Payments not fully received before the payment deadline will not be able to participate. All payments are non-refundable.
8.7 When payment made by the exhibitor this is non-refundable unless otherwise agreed, such as double payments made and after payment deadline received will be refunded minus international transfer fees made by the bank.
8.8 Participation Fee includes: Exhibition Participation for 2-days, Exhibition Space, Booth hire including spotlights and signage, TTAF Awards Ceremony nomination, Private View, Promotions, Exhibitor Profile, free high quality printed Catalogue featuring all exhibitors published worldwide, free invitation to Private View, 0% commission charged on sales.
8.9 Any other costs involved are the responsibility of the exhibitor, such as materials, packaging artwork, accommodation, flights, transport, insurance, printing of limited edition artwork, and other costs that are needed to represent yourself at the Art Fair.
8.10 All payments are non-refundable, unless otherwise agreed.
8.11 We cannot refund payment fees paid, that did not receive VISA permits on time.
8.12 In the event we have agreed on partly refund when VISA not arrives on time, we need to be notified at least 30 days in advance to exhibition. Failing to do so, we will not be able to refund.
8.13 Required invoices are send by email if requested. Never by post.
8.14 All prices are in Euros (€).
9.0 GENERAL CONDITIONS
9.1 Exhibitors are not allowed to ship or post artworks to the Tokyo Tower event address.
9.2 ICM Gestora Cultural, SLU does not take any responsibility for artworks that arrive before dates and times of the event at Tokyo Tower or artworks that are left after the Art Fair.
9.3 Tobacco is not allowed to be consumed at venue.
9.4 Tokyo Tower and ICM Gestora Cultural, SLU will not tolerate any inappropriate behaviour and have the right to remove you from the event at any time.
9.5 Due to terms and conditions of Tokyo Tower no electrical supplies are allowed to be plugged (charging phones, laptops, extra lights)
9.6 The exhibitor should address any queries about the event or venue directly to the organisation ICM Gestora Cultural, SLU. The venue is not the organiser of the Art Fair and all communication is to be sent through ICM Gestora Cultural, SLU You will not contact Tokyo Tower or partners in any circumstances.
9.7 Neither party will be responsible for compensating the other if they fail to meet their obligations because of circumstances outside their reasonable control.
9.8 Exhibitors are not aloud to access any other territorial spaces at Tokyo Tower apart from the public exhibitors space.
9.9 It is forbidden to use stickers, Velcro, nails, drilling and screws of any kind into the walls of the venue.
9.10 Visitors and exhibitors enter the TTAF at the venue building at own risk.
9.11 The ICM Gestora Cultural, SLU sets the Terms and Conditions, also the place, the duration, the dates, the opening hours, and the ticket price of the TTAF and if necessary reserves the right to modify them.
9.12 The ICM Gestora Cultural, SLU has the right to modify any details and information of the event, including details on the website. ICM Gestora Cultural, SLU cannot be held liable when any modifications and or changes of event details and of website information (even through the cause of third party) have occurred.
9.13 Each exhibitor agrees to respect and make sure that all Conditions of the ICM Gestora Cultural, SLU, TTAF will be respected.
9.14 In case of a dispute regarding the interpretation or execution of the Conditions, the organiser and the exhibitor will do their best efforts to solve the dispute amicably and communicate all necessary information. If the dispute cannot be resolved within two weeks, the organizers ‘ ICM Gestora Cultural, SLU’ can apply to courts. Spanish law will apply.
9.15 The building has been partially adapted for wheelchair access. Please notify us in advance of any special needs and we will endeavour to help.
9.16 The Organisers shall be entitled to use and reproduce the Exhibitor’s name, trademark and logo in connection with the promotion and production of the Event.
9.17 The Organisers will be responsible at all times for the control of the Event area. The Exhibitor is responsible for the supervision of his stand. These Terms and Conditions shall be construed in accordance. Should any question arise that is not provided for within the foregoing Terms and Conditions, the Organisers undertake to give the fullest sympathetic consideration to the interests of the Exhibitor. Their decision must be accepted as final where the requirements for the correct conduct of the Event make an immediate decision imperative, subject always to the proviso that matters in dispute may be referred to an independent arbitrator at the request of either side. The Exhibitor must comply with any regulation or requirements imposed on the Organisers, by the conference centre, the local authorities or any other competent authority.
9.18 Any issues or concerns regarding to the TTAF 2024, should be corresponded directly to the Organiser ‘ ICM Gestora Cultural, SLU’ and not with any other parties. Issues or concerns should be corresponded to the ICM Gestora Cultural, SLU team on the day of occurrence. Any issues reported afterwards cannot be taken in consideration.
9.19 The ICM Gestora Cultural, SLU accepts no liability for any inaccuracies or omissions on the TTAF and ICM Gestora Cultural, SLU websites and any decisions based on information contained in this website are the sole responsibility of the visitor.
9.20 The organisation and third parties cannot be held liable for any reason(s) to receive refund of payment made by exhibitor, helper or visitor. Any payments made to the organisation are non-refundable. For any issues regarding to the exhibition should be addresses to the organisers on the day of occurrence for investigation and will be sorted there and then.
9.21 The organisation and third parties cannot be held liable if exhibitor, helper or visitor suffers from distress due to climate and or temperature throughout the exhibition. Either inside the building and/or outside.
9.22 The organisation and third parties cannot be held liable for any sudden and/or unexpected disruption at moment of exhibition causing lack of visitors, sales, attendance of any kind.
9.23 The organisation and third parties cannot be held liable for any health/safety issues occurring on the premises of exhibition under any circumstances.
9.23 The organisation and third parties wishes to work towards professional standards. Any issues should be directed to the organisation in private on the day of occurrence. Any unacceptable behaviour, and/or causing havoc or disturbance of any kind to organisation, third party, other exhibitors or visitors will be removed from the premises, and will await a penalty fine. We have the right to call the police and/or security to remove exhibitors.
9.24 For exhibitors that cannot attend, using a representative agency. This fee is separate from the exhibition participation fee. This service is provided by an Agency, and not by ICM Gestora Cultural, SL. All contact and agreements are between you and the representative agency. We cannot be held liable for any issues that might occur using this or any other agency for representation.
9.25 A booking is only confirmed once payment has been received in full.
10.0 INSURANCE
10.1 The exhibitor is responsible to insure their own work and public liability insurance.
10.2 The Exhibitor is responsible for own insurance (theft and damage) of their artworks, public liability, third party. The exhibitor is responsible for all costs and insurances including transportation, set up, materials, throughout the duration of the event, including build-up and take down. The exhibitor is responsible for, accommodation, travel insurance, insurance (and costs included) of their artworks to, and from the Art Fair venue, and throughout the exhibition. The exhibitor agrees to hang their own work, and is responsible for hanging and taking down securely. Any damages or accidents that happen at this procedure or throughout the exhibition are the responsibility of the exhibitor. ICM Gestora Cultural, SL or Tokyo Tower cannot be held liable.
10.3 Exhibitors are responsible for third party liability risks and have to be insured against third party liability risks.
10.4 The ICM Gestora Cultural, SLU is not responsible for damage arising at the event caused by the public, exhibitors, contractors, volunteers or third party and cannot be held liable. Entering the venue building and TTAF is at own risk.
10.5 Exhibitors are strongly advised to make their own insurance arrangements. We accept no responsibility for stolen work during the fair as you are deemed responsible for it for the entirety of the fair.
10.6 The Organisers ‘ ICM Gestora Cultural, SLU’ do not accept responsibility for any theft, loss or damage from any cause whatsoever, in respect of any property brought to the Event premises by the Exhibitor. The Exhibitor releases from and indemnifies the Organisers against any liabilities in respect of any loss or damage to the exhibits or any other property brought to the Venue and the Exhibitor shall effect insurance on a full ‘All Risks’ basis for a sum insured equivalent to the full value of all exhibits and other property brought to the Event.
10.7 You must not bring anything that will spill out beyond the boundaries of your space, cause a health and safety hazard or be deemed inappropriate at a professional fair. Cordial collaboration between your neighbours is recommended, please show consideration for the other exhibitors. You will be asked to remove anything that contradicts the above.
10.8 ICM Gestora Cultural, SLU and third parties cannot be held liable for any (accidental) damages, theft, loss, expenses, unforeseen fees by the exhibitors such as transport, storage, accommodation, framing, hanging material, art supplies, parking, flight costs, hotel stay, postage costs, and other unforeseen costs for the exhibitor, throughout the exhibition, before exhibition, whilst in transit, whilst in storage, at pre-gatherings and/or after-parties.
11.0 HANGING ARTWORKS
11.1 Hanging Artworks are the full responsibility of the exhibitor. Any accidental damages that happen while hanging, taking down or throughout the exhibition is the full responsibility of the exhibitor. The exhibitors are responsible for their own full insurance. (See 10.0). The ICM Gestora Cultural, SLU and/or the venue or any of their partners and sponsors cannot be held liable for any accidental damages that occur on the premises, in transit or in storage. It is the exhibitors responsibility to insure the artworks for the duration of the exhibition, transportation, storage and theft or any other damages. We strongly advice to insure against (theft and damage) and public liability and third party. The ICM Gestora Cultural, SLU cannot be held liable for any loss or damage that occurs on the premises, storage or in transit. And will not be held liable for third party liability risks.
11.2 We do not supply any hanging systems.
11.3 Exhibitors are requested to use aesthetically appropriate hanging equipment. You need to have all your work fixed securely with cord on the back. You may use Velcro to hang lighter works. Do not use Velcro for any glazed works, stone works or heavy artworks.
11.4 Please note you mustn’t under any circumstances use fixtures that are not capable of carrying the weight of your artworks.
11.5 The exhibitor agrees to hang their own work, and is responsible for hanging and taking down securely. Any damages or accidents that happen are the responsibility of the exhibitor. The ICM Gestora Cultural, SLU cannot be held liable.
11.6 Nails and screws can be used onto the panels. Velcro or Tape are also allowed.
11.7 Exhibitor who causes accidental damage to panels and/or other hirings will be responsible for the fees incurred.
12.0 LIGHTING AND ELECTRICITY
12.1 Exhibitors are aware that the venue does not provide extra lighting. ICM Gestora Cultural, SLU offer to hire halogen spotlights.
12.2 The venue does not provide Electricity sockets, therefore the use of electricity is highly forbidden unless you have been allocated a certified power socket, verified by the organisation and taking into counter of the entire electricity supply.
12.3 The organisers cannot be held liable for unexpected events, including power cuts.
12.4 Exhibitor that make use of power connections / electricity sockets without permission will be given a penalty fee of $ 1000 USD plus any costs of damages, such as blowing up electricity, and spotlight failure from exhibitors.
12.5 If you wish to use power, you must obtain permission from the organisation at least 45 days in advance of the start of the event date, and you must be given official permission to use this in writing from the organisation. Power supply plugs will come at an extra charge. You can charge laptop or phone on this but cannot use more voltage than agreed. Failing to do so, and resulting in issues will be charged penalty fee, described in 12.4
13.0 HEALTH & SAFETY
13.1 Exhibitors cannot move their panel/walls/booth, or change panel(s) after setting up in respect to Health & Safety issues.
13.2 Exhibitors are forbidden to store packaging, goods, or belongings behind the panels due to Health & Safety issues.
13.3 Sculptures cannot be displayed in booths or wall spaces. But only in the dedicated Sculpture spaces paid for. You must not bring anything that will spill out beyond the boundaries of your space, cause a health and safety hazard or be deemed inappropriate at a professional fair. All walk spaces and pathways need to be clear. Cordial collaboration between your neighbours is recommended, please show consideration for the other exhibitors. You will be asked to remove anything that contradicts the above. The organiser ICM Gestora Cultural, SLU and Tokyo Tower venue will ask you to remove anything from the Art Fair that causes obstruction, and or health and safety issues.
14.0 HIRINGS, PROMOTIONS AND EXTRA SERVICES
14.1 Hiring equipment from ICM Gestora Cultural, SLU will be given to the paying exhibitor upon arrival (only pre-paid and pre-ordered hirings will be hired out) Hirings will be collected again or to be returned by exhibitors at take-down. Exhibitors failing to do so will be charged a penalty fee.
14.2 The person that is responsible to any damage accidental or on purpose to the hiring equipment will be held liable and charged the amount of the damage costs.
14.3 If the Exhibitor fails to return the hiring equipment after the event, at take-down, the exhibitor will be charged and invoiced the full amount of the product(s) including a penalty fee for not returning on time. Payments for this should be paid within 7 days.
14.4 The organiser ‘ ICM Gestora Cultural, SLU’ can apply to court in the event if any of the hiring terms are not being acted upon by the Exhibitor.
14.5 Items cannot be hired or paid on the day.
15.0 REPRESENTATIVE of ARTIST
15.1 Artists that appoint a substitute representative to exhibit and represent them at Tokyo Tower Art Fair have to inform ICM Gestora Cultural, SLU in writing at least 30 days in advance of TTAF. The representative must be aware and agree to all terms laid within this contract, the contract is between the Exhibitor and Representative and The ICM Gestora Cultural, SLU. Representatives and Exhibitor will both have to agree in writing to these Terms And Conditions. Exhibitors failing to do so risk disqualification and refusal of participation at the TTAF, will not receive the participation fee back, and will risk a penalty fee for breach of contract.
16.0 POSTPONEMENT OR ABANDONMENT
16.1 The Exhibitor shall have no claim against the Organisers " ICM Gestora Cultural, SLU’ in respect of any loss or damage consequential upon the prevention, postponement or abandonment of the Event, or of the Event building becoming wholly or partially unavailable for the holding of the Event by reason of happenings of any of the events being beyond the Organisers’ control. The Organisers may at their entire discretion repay the rental paid by the Exhibitor or part thereof, but shall be under no obligation to repay the whole or part of such rental and shall be under no liability to the Exhibitor in respect of any actions, claims losses (including consequential losses) costs or expenses whatsoever which may be brought against or suffered or incurred by the Exhibitor as the result of the happening of any such events. If in the opinion of the Organisers, re-arrangement or postponement of the period of the Event, or by substitution of another hall or building or by any other reasonable manner the Event can be carried through, the contract for stand space shall be binding upon the parties, except as to size and position of stands, as to which any modifications, substitutions or re-arrangement they consider necessary shall be determined by the Organisers.
16.2 In the case of a postponement of the event due to official regulations, your stand reservation will be credited to one of our events within the next 2 years.
17.0 INDEMNITY
17.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way.
18.0 CONTRACTUAL LIMITATION
18.1 Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
19.0 RIGHTS OF THIRD PARTIES
19.1 Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
20.0 SEVERABILITY
20.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.0 NO WAIVER
21.1 No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
22.0 DISPUTE RESOLUTION
22.1 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
23.0 FORCE MAJEURE
23.1 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, and cannot be held liable for unexpected or uncontrollable events, including power cuts, strikes of our own employees, weather affecting circumstances, earth quakes, or other uncontrollable events.
23.2 In case of cancellation or postponement of the event resulting from causes beyond our reasonable control, payments are non-refundable.
23.3 In the case of a postponement of the event due to official regulations, your stand reservation will be credited to one of our events within the next 2 years.
24.0 GOVERNING LAW AND JURISDICTION
24.1 These Terms and Conditions and any contract included shall be governed by the laws of Spain and any disputes regarding them shall be determined by the Spanish courts.
25.0 FINAL STIPULATION.
25.1 The Organizers are entitled to undertake, without notice of default and without judicial mediation, at the expense of the Participant, one or more of the following measures against any Participant acting in violation of the stipulations of the ‘Terms and Conditions of Participation’ or refusing to abide by instructions issued by or on behalf of the Organizers: - to deny the person in question access to the TTAF by The ICM Gestora Cultural, SLU with immediate effect; to have his/her stand closed and/or cleared; to retain the exhibited works; without entitling the Participant to claim any restitution or compensation for damages.
25.2 The Participant bears liability for and must be adequately insured against all damages of any kind whatsoeverincurred as a result of action or negligence on the part of him/herself, of his/her staff, of persons working for him/her or on his/her behalf in any capacity whatsoever, and/or of holders of participant passes and/or admission passes.
25.3 The Organizers bear no liability for damages for any cause whatsoever to artworks or persons incurred as a result of or in connection with participation in the TTAF. Neither do the Organizers bear any liability for damages to third parties incurred as a result of the use of the stand by the Participant or his/her staff. The Participant shall indemnify the Organizers against claims by third parties in this regard.
25.4 If at any time after entering into the Participation Agreement, the Organizers have well-founded reasons to fear that participation in the TTAF might be the cause of harm, in any way, to the Organizers, the TTAF 2024 or other Participants, the Organizers are entitled to dissolve the Participation Agreement. The Participant, in this event, remains entirely liable for the full Participation Costs as well as other expenses incurred by the Organizers at his/her request in connection with his/her participation.
25.5 Organizers are not liable for the non-fulfilment, in whole or in part, of commitments related to participation in the TTAF 2024 as a result of Force Majeure.
PIAB AWARDS TERMS & CONDITIONS
1.1 The TTAF Awards is open to all artists and galleries worldwide.
1.2 The TTAF Awards for the six categories at the TTAF Art Fair are open to participants of the of the art fair only. And will be judged by the jury panel who will attend the Art Fair.
1.3 Entries must be the original unaided work of the entrant.
1.4 All online entries are subject to an entry and selection process.
1.5 Work will be considered using the following criteria - artistic sensitivity, technical skill, originality, visual impact and content.
1.6 Online entries are free to be submitted.
1.7 The jury decision is final and no correspondence will be entered into.
1.8 ICM Gestora Cultural, SLU reserve the right to publish reproductions of the entries in the press, on television or on their websites for promotional purposes. The winners must agree to images of their art being used by ICM Gestora Cultural, SLU and the prize sponsors for any promotional and marketing purposes. The artist retains copyright to the artwork.
1.9 Winner of 1st prize 2024 will receive free participation at the next ICM Gestora Cultural, SLU Art event. Winners will receive a personal invitation by email. If winner cannot take part at next event no money can be given as exchange. And no other art event can be considered as free participation. Winner will receive free booth exhibition space, Sponsor prize, TAP trophy award, certificate, plus free Facebook & Social Media Promo, A large feature in Catalogue together with other winners. Featured on the Website, and a homepage slide if participating, Interview on TTAF website and social media. All together worth of € 3000 EUR. No money can be given as exchange.
2.0 Other prizes for 2nd place and 3rd place winners include sponsor award, press, promotion, interview, TTAF trophy award, announcement on social media. Please note that excludes free participation at next event.
If you have any questions, please contact us.