T&Cs for entering

Terms and Conditions of Entry to the Sussex Contemporary and Sale of Your Work(s)

These Terms and Conditions (“the Terms”) apply to your entry of one or more artworks (“the Work(s)”) in Sussex Contemporary Ltd’s (“SC”) Sussex Contemporary Exhibition (“the Exhibition”) and the facilitation of the sale of your Work(s) by SC either during or after the Exhibition.

The Exhibition will take place at the Brighton i360 (“the Venue”).

“You” and “Your” shall refer to the person submitting the Work(s) and potentially selling the submitted Work(s). Please read these Terms carefully before completing Your submission via Zealous (“the Submission”) as, together with the Instructions for Entering Work(s) to the Sussex Contemporary (“the Instructions”), they will form the contract between You and the SC.

1. Sussex Contemporary Ltd

1.1 SC is a company registered in England and Wales with company number 13892611. Registered address is 128 City Road, London, EC1V 2NX

For information requests, please contact us at enquiries@thesussex.co.uk

2. Submission and Price

2.1 The price per entry is £15 and You may enter a maximum of three Works. Submissions and payment will be handled by a third-party platform called Zealous.

2.2 Your Submission must be of your own Work where it transpires that You have used another artist’s Work, SC reserves the right to ban You from entering the forthcoming Exhibition and any Exhibition in the future.

2.3  Submission fees are non-refundable.

2.4 SC does not gather or retain any payment information for Submissions.

3. Who May Enter Work into the Sussex Contemporary Exhibition?

You may submit Work(s) to the Exhibition if:

3.1 You are the Artist or creator of the Work(s), or You are expressly authorised as a gallery, agent or other representative to submit the Work(s) on behalf of the Artist or are expressly authorised by the estate of a deceased Artist to do so. If you are so authorised, You agree to be bound by these Terms and assume the liabilities set out in these Terms.

4. Ownership and Submission of Work

4.1 You must ensure that each submitted Work conforms to all applicable health and safety standards and regulations. You agree to indemnify SC, its staff and visitors to the Exhibition for any loss, damage, cost or expense which results or arises from a breach of such standards and regulations.

4.2 By submitting Your Work(s), You confirm that each Work is in a condition to withstand normal rigours of handling and display at the Exhibition.

4.3 By submitting Your Work(s), You confirm that each Work is free and clear of any liens, claims, encumbrances or restrictions, that the use of the Work under these Terms will not infringe upon or violate the rights of any person or entity, and that to the best of Your knowledge and belief the Work has not been exported from any country and shall not be imported into the United Kingdom in violation of any applicable laws or regulations.

4.4 If You do not own all of the rights, title and interest in and to a Work, You must expressly inform SC in writing of all relevant details concerning all other third parties’ rights to that Work. You shall indemnify SC against all losses, liabilities, costs and expenses in respect of claims made by third parties alleging partial or total ownership of the Work or any rights in the Work, including intellectual property rights.

4.5 If You are submitting Work(s) from abroad then taxes may be levied at the port of entry into the UK. You will not list SC as the importer of the Work(s). You agree to indemnify SC for any charges or taxes incurred by it as a result of (1) the importing of the Work(s) for the purposes of display in the Exhibition and (2) for any back taxes due from You to HMRC on or arising from any sale of the Work(s).

5. Refusal of or Withdrawal of Work by SC

5.1 SC may accept or decline any Work submitted for the Exhibition entirely at its own discretion. SC’s decision is final.

5.2 SC reserves the right to deny admission or withdraw a Work from the Exhibition if for any reason the Work, or any circumstances surrounding the display of the Work, appear to SC to expose it to potential or actual damage to its reputation, risk of legal proceedings or enforcement including, without limitation, the alleged breach of third-party intellectual property rights.

6. Sale of Work (Applicable to all Types of Sales) and SC’s Commission

6.1 The sale of any Work exhibited in the Exhibition by You (including all prints or cast sculptures from an edition allocated for sale) will be subject to a payment of 30% commission (“the Commission”) to SC. The Commission will be charged on the sales price of such Work, including UK postage and packing for sending unframed prints from editions to Purchasers, for which SC are responsible.

6.2 The Commission will also be payable to SC where the sale of any Work takes place within three months after the close of the Exhibition, where that sale is made as a direct or indirect result of its display in the Exhibition. All substantive enquiries and negotiations between a potential purchaser (“the Purchaser”) and You regarding the sale of any Work, along with any sale once concluded, shall be immediately notified to SC.

6.3 SC or its agents (“Agents”) will handle the sales of all Works in the Exhibition, including any prints or sculpture casts during the Exhibition period.

6.4 Commission payments to SC will be deducted from the sale before monies are paid to You. Payments to You will be made within 14 days of the close of the Exhibition for Works collected and 28 days later for any Works sold online or by telephone to allow for distance selling rules (see 8.4).

6.5 All sold Works must remain in the Exhibition until it ends. It may not be removed or replaced, it may not be for sale elsewhere before or during the exhibition.

6.6 If the Purchaser does not, or cannot, collect the Works from the Venue at the agreed time then You will be responsible for collecting the Works and arranging delivery to, or collection by, the Purchaser. Unsold Work must be collected by You at the agreed time and date. SC will not be able to store Works for you and will not be responsible for arranging delivery back to You.

6.7 Any disputes relating to a sale of Your Work(s) shall be resolved directly between You and the Purchaser without SC’s involvement.

6.8 SC will provide the Purchaser’s details to You for the purposes of arranging collection or delivery of the Work (“Purpose”). This will include the following personal data (“Personal Data”) belonging to the Purchaser: Name; Telephone number; email address; Postal address. You hereby agree to comply with all relevant data protection legislation in respect of such personal data. Specifically, You will:

• Process the Personal Data only for the Purpose;

• Comply with all reasonable instructions given to You by SC relating to the processing of the Personal Data;

• Keep the Personal Data confidential and only provide access to it in order to achieve the Purpose;

• Have appropriate measures in place to protect the security of the Personal Data;

• Not engage any third party to process the Personal Data without: (i) written permission from SC; and (ii) ensuring such third party commits to these same obligations;

• Notify us immediately if you: (i) become aware that the Personal Data has become subject to breach or unauthorised access; or (ii) receive any formal request from the Purchaser in relation to the Personal Data specifically (such as to access it, or have it deleted).

Please note that SC will not have obtained any consent for You to send marketing or other material, whether electronic or otherwise to the Purchaser and you should obtain such consent if You wish to contact the Purchaser in the future.

6.9 In accordance with anti-money laundering legislation, SC (and You) may be required to make identification and screening checks on Purchasers. All sales are subject to satisfactory completion of these checks, which must be carried out before any Work is released to Purchasers. SC shall have no liability for any delay caused to, or cancellation of, purchases where these checks cannot be completed satisfactorily.

7. VAT

7.1 SC is not currently registered for VAT but should SC need to they will notify you by email any changes to costs and fees that this might affect.

8. Distance Sales

8.1 Your Work(s) may be made available for purchase by means of distance selling (i.e. online through SC’s website or by telephone) and if so, SC agree to comply with the distance selling rules contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”). You will be responsible for arranging delivery with the Purchaser and to recover delivery costs from the Purchaser if applicable.

8.2 Unless You tell us that You do not want Your Work(s) to be sold by telephone or online, the intending Purchaser will be able to buy Works through these channels.

8.3 In order to comply with the Regulations, the following procedure will take place:

8.4 You agree that every Purchaser is entitled to cancel the purchase of Your Work(s) purchased by a distance sale from the moment SC take payment until the expiry of 14 days from the day the Purchaser receives the Work(s). If the Purchaser buys multiple Works from You, the 14 days runs from when the Purchaser receives the last of the Works. This 14 day period is the time that is given to the Purchaser to decide whether to cancel and then the Purchaser has a further 14 days to send the Work(s) back to You.

8.5 In the event of a cancellation, You agree to the Purchaser’s right to a refund which means that You must refund the Purchaser within 14 days of either Your receiving the Work back or the Purchaser’s providing evidence of having returned the Work, whichever is sooner. You agree to refund any payment received from the Purchaser in accordance with the provisions of the Regulations. You will notify SC of a cancellation straight away and SC will then return the Deposit to the Purchaser.

8.6 If You have informed the Purchaser that You will arrange delivery of a Work to the Purchaser, You will ensure the following:

8.6.1 You agree to be responsible for the condition of the Work until it is received by the Purchaser.

8.6.2 In respect of Your unframed prints and all other editioned Works sold by SC but not being held at the Venue, You will deliver the Work within 30 days from the date on which You accept the Offer to Purchase and the Key Information is provided unless a longer period has been agreed. In respect of any Work exhibited in the Exhibition which is sold by distance sale, You will inform the Purchaser on accepting the Offer to Purchase that he/she will not receive the Work or be able to collect the Work until a specified period after the Exhibition has closed.

8.6.3 You acknowledge that if delivery is later than agreed, the Purchaser may have the right to terminate the purchase and receive a full refund.

8.7 You will immediately notify SC should a refund be requested by the Purchaser.

8.8 You hereby indemnify SC for any claims from third parties resulting from the breach of Your obligations under Clause 8.

9. Collection of Exhibited Works

9.1 No Work that has been accepted and displayed at the Exhibition may be removed prior to the close of the Exhibition.

9.2 If Your Work(s) has/have been accepted for the Exhibition, before the close of the Exhibition You will be informed of the specified period in which Your Work(s) must be collected. You will receive a separate removal order (“Removal Order”) for each exhibited Work. This Removal Order must be completed and signed by You. If the Work has been sold, You will send the Removal Order to the Purchaser if they are collecting from the Venue. SC may issue an updated Removal Order, including changes to the specified period for collection of Works, where circumstances make this necessary.

9.3 If any Work has not been removed by the final collection date specified on the Removal Order (including any adjusted date as notified by SC), SC will charge a fee of £15 per week or part week per Work. The charge shall be payable by the person presenting the Removal Order before the Works will be released.

9.4 No Work will be released by SC without the presentation of a correctly completed Removal Order.

9.5 Notwithstanding Clause 9.3, if any unsold Work has not been removed within 28 days of the final collection date for exhibited Works (including any adjusted date as notified by SC), the Work will be deemed to have been abandoned by You and SC shall be entitled, without notifying You, to sell or otherwise dispose of such Work and to use the proceeds of the sale to cover any outstanding charges under Clause 9.3 or for SC’s general benefit.

9.6 Notwithstanding Clause 9.3, if any Work that has been sold has not been removed by the Purchaser on the final collection date for exhibited Works (including any adjusted date as notified by SC), You will arrange for the Work to be collected from SC and You will be responsible for any transportation costs. If SC has to transport the Work back to You, it will charge You for the cost of transportation and insurance plus an administration fee of £25.

9.7 If as part of a distance sale, you have agreed to deliver the Work to the Purchaser, please see Clause 8.6 above.

10. Online Access

10.1 While SC endeavours to ensure that the Website is available 24 hours a day, SC will not be liable if for any reason the Website is unavailable in part or whole at any time or for any period including, without limitation, during the last 24 hours before the submission deadline. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond SC’s control.

11. Intellectual Property Rights

11.1 By submitting a Work, You confirm that either You or the Artist hold all intellectual property rights in the Work and that You or the Artist have obtained any third party consents required for the use of third party owned material contained in the Work.

11.2 By submitting a Work, You consent to SC for the following purposes:

11.2.1 taking an image of, filming or making available the whole or any part of the Work, including but not limited to the right to include the Work in any broadcast (and rebroadcast) by any broadcaster (including but not limited to the BBC) and any licensees of any broadcaster;

11.2.2 filming, broadcasting and/or reproducing the whole or any part of the Work for archival, educational, publicity, items for sale and marketing (including without limitation on the Website, Exhibition posters, leaflets, private view cards, postcards, and all forms of social media), press, signage, gallery guide and for catalogue purposes;

11.2.3 and reproducing the whole or any part of the image(s) which You have supplied to SC for the purposes set out above.

11.3 The consent set out in Clause 11.2 is irrevocable and given without payment of any fee or royalty and includes consent to make available the Work in all media (including without limitation all forms of electronic and social media) for perpetuity and on a world-wide basis.

11.4 By submitting a Work, You agree that members of the public will be allowed to take photographs of the Work (alone or in combination with other works) for personal and non-commercial use during the Exhibition period. SC will install notices in the Exhibition indicating that photography is permitted provided it is for personal and non-commercial use. SC will not be responsible for any use by visitors of images of the Work, including where such images are exploited commercially in violation of the permission given, or in any other way, and in such circumstances, it is up to the Artist and/or You to defend Your intellectual property rights in the Work and any other applicable rights.

11.5 By submitting a Work you acknowledge that the whole or any part of the Work may be chosen to be reproduced and used on items in the Exhibition shop such as, but not limited to, notebooks, mugs and postcards. If chosen, You will have the opportunity to decline for your Work to be used.

If You consent to your Work being used, You will receive a stock of the items produced for your personal use or resale.

11.6 The consent set out in Clause 11.5 is given without payment of any fee or royalty.

12. Limitation of Liability

12.1 Except as provided in this Clause 12, SC shall have no liability to You or the Artist whatsoever for any loss of business or profits, loss or damage to reputation, or for any indirect or consequential loss or damage of whatever nature, howsoever caused, whether occurring in contract, tort (including negligence) or otherwise arising out of or in connection with the Exhibition.

12.2 The Sussex Contemporary handles a large number of artworks, and has a large number of visitors. SC will take appropriate measures to guard against any damage. However, SC will only be liable for damage to a Work to the extent that such damage arises while the Work is in the care, custody and control of SC, at the Venue. If You suspect any such damage, You must notify SC before the Work is collected, otherwise SC will not be liable for any such damage.

12.3 Specifically, SC shall not be liable for any deterioration or wear and tear to the Work, or any loss, damage or destruction (including damage to frames) which arises:

12.3.1 through the ordinary course of handling the Work;

12.3.2 as a result of the way the Work is made (including Your choice of materials) or assembled (including in accordance with any instructions You have given to SC for assembly/display);

12.3.3 if the Work contravenes the Instructions for Submissions to the Sussex Contemporary Exhibition.

12.4 Nothing in these Terms shall have the effect of limiting or excluding either party’s liability to the other for death or personal injury caused by its own negligence or caused by its fraud (including fraudulent misrepresentation).

12.5 Subject to Clause 12.4, the entire liability of SC arising out of or in connection with the Exhibition, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, shall not exceed:

12.5.1 the value of the Work as stated on the Submission; or

12.5.2 the value of the Work determined in accordance with the valuation process set out in Clause 12.6, and in either case, if the Work is for sale, less the amount representing SC’s commission and any posting and packaging costs.

12.6 If SC disputes the value of the Work or the amount of the damage to the Work, the dispute as to the value or the amount shall be referred, independently of any issue as to liability, to an expert independent valuer to be chosen by SC provided that the valuer’s determination shall not exceed SC’s maximum liability in accordance with Clause 12.5. The valuer shall act as an expert and not an arbitrator. The valuer’s decision shall be final and shall be conclusive evidence of the value of the Work or the amount of the damage to the Work. The valuer’s costs will be borne equally between SC and You. You shall not be entitled to begin or maintain any action in respect of any damage until the valuer has made a decision in accordance with this clause as to the value of the damage and such action shall then be only for the amount determined by the valuer, again subject to SC’s maximum liability.

13. Third Parties

13.1 No third party shall have any rights under or in relation to the Terms.

14. Force Majeure

14.1 For the purposes of these Terms, a Force Majeure Event means an event beyond the reasonable control of SC including but not limited to strikes, failure of a utility service or transport network, act of God, terrorism, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, pandemic or epidemic or any significant resurgence thereof, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. SC shall not be liable to You under these Terms as a result of a Force Majeure Event.

15. Severance

15.1 If a court or any other competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other Terms shall not be affected.

16. Entire Agreement

17.1 These Terms contain the whole agreement between the parties relating to the subject matter of this agreement at the date hereof to the exclusion of any terms implied by law which may be excluded by contract. Each of the parties agrees that it has not entered into these Terms in reliance on any representation, warranty, undertaking or other statement, expressed or implied, orally or in writing, given or made by or on behalf of the other party except in so far as contained in these Terms. This clause shall not apply to any representation, warranty, undertaking or statement made fraudulently or which was induced by fraud.

17. Law and Jurisdiction

17.1 These Terms and the contract of which they form part shall be governed by and construed in accordance with English law. Any disputes arising in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.