1. Creation and Title. The Artist hereby warrants that the Artist created and has right to, and possesses unencumbered title to the work(s) of art listed and described in submission and registration, and that he/she has the right to loan these work(s) for purposes of exhibition and sale.
2. Indemnification. The Artist shall hold DAMNED harmless from and against any loss, expense, or damage occasioned by any claim, demand, suit, or recovery against DAMNED arising outside of the exhibition and sale of the work, or from the use of the work by DAMNED in the promotion and advertising of the exhibition.
3. Acceptance. DAMNED accepts the listing and value(s) in the submission and registration form section as being accurate.
4. Prices. DAMNED shall sell the works at the retail or minimum prices specified on the submission and registration form section.
5. Commission. The Artist shall receive 66.6% (66.6 percent) of the agreed upon retail price for art sold within the exhibition.
6. Payments. DAMNED shall pay the Artist all proceeds due to the Artist within thirty (30) days of sale. No sales on approval or credit shall be made without the written consent of the Artist and, in such cases, the first proceeds received by DAMNED shall be paid to the Artist until the Artist has been paid all proceeds due.
7. Insurance. DAMNED agrees to insure the artworks for all risks from the date of delivery to DAMNED until the work is returned to the Artist or delivered to a purchaser. DAMNED organizers will take photographs of Artists' artwork to document condition of artwork at the receipt of it and prior to return shipping.
8. Ownership and Copyright. Copyright and all reproduction rights in the artworks, as well as the ownership of the physical artworks themselves, are the property of and reserved to the Artist. DAMNED shall take all steps necessary to insure that the Artist's copyright in the consigned work(s) is protected, including but not limited to requiring copyright notices on all reproductions of the work(s) used for any purpose whatsoever. Such copyright notice shall include the following: (c) Year, Name of Artist. DAMNED retains the right to use an image of the artwork(s) for the purposes of advertisement and promotion of the exhibition and the DAMNED itself. If the image(s) are used in printed materials, the artist will receive copies of the promo material and/or advertising the Artist's work was used in.
9. Duration of Loan, Manner of Exhibition. The Artist hereby agrees to consign to DAMNED the work(s) listed in submission and registration form section for the time period commencing on October 28th 2021 and concluding on October 30st 2021. This consignment period may be extended by the written and mutual agreement of the Artist and DAMNED. DAMNED agrees to exhibit the Artist's work prominently during this time period and use its best efforts to sell the artwork.
10. Return of Work. At the termination of the exhibition and of this Agreement, all unsold artwork shall be returned to the Artist within ten (10) business days at the artist's expense, unless other arrangements have been made. If not picking up, Artist is expected to provide a method of return shipping payment via FedEx or UPS, or with a PayPal account to handle return shipping fees. Any art left unclaimed after 30 days will incurr a $20 per month storage fee and after 90 days, becomes the property of DAMNED.
11. Mediation and Arbitration. DAMNED and Artist agree that any controversy or claim arising out of or related to this Agreement shall be settled by mediation or binding arbitration in the City and State of Detroit, Michigan, the first such hearing to take place within (30) thirty days after demand for mediation or arbitration is received by either party. A settlement will be made before a jointly selected, single mediator or arbitrator, the Graphics Artist Guild's Arbitration Board, or other appropriate organization such as the American Arbitration Association or Arts Arbitration and Mediation Services. If mediation is not successful in resolving all disputes arising out of this Agreement, those unresolved disputes shall be submitted to final binding arbitration in accordance with the rules of any such mediation program, and the prevailing party shall be entitled to recover attorneys' fees and costs incurred in connection with resolving the disputes. The arbitrator's award shall be final and any court having jurisdiction thereof may enter judgment upon it.
12. Heirs and Assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. All references to the Artist and DAMNED shall include their heirs, successors, assigns, and personal representatives.
13. Integration. This Agreement constitutes the entire understanding between the parties. Only an instrument in writing signed by both parties can modify its terms.
14. Governing Law. The laws of the State of Michigan shall govern this Agreement.