Conditions of Participation
Conditions of participation
Organizer: iPriceGrab, Lda, Travessa dos Armazéns, 6, 2200-068 Abrantes, below called "organizer"
- The organizer arranges the fairs for contemporary art (below called “fair “). Its purpose is to offer a (sales) platform to galleries, project spaces and independent artists to generate interaction between collectors, museums, and the public and to show the current trends in contemporary art on a high level.
- You declare your intention to participate by returning the online application form, completed in full and bearing your legally binding signature. By accepting the “conditions of participation” and sending back the online application form you accept the conditions of participation. The information on this form is stored by us considering the regulations of the Data Protection Act of the Portuguese Republic in an automated procedure and is transmitted to others within the scope of the fulfilment of the contractual tasks. The application is binding regardless of our final acceptance, it cannot be provided with conditions and reservations.
- With the application you must state explicitly the names of the artists whose works you would like to present at the fair (exhibition objects) or specify the works you would like to exhibit from your own oeuvre (exhibition objects).
- The organizer is neither obliged nor able to admit every applicant (potential participant) to the fair, i.e., a selection procedure takes place. The organizer decides on your participation in accordance with the regulations counting for all participants (admission). A legal entitlement to admission does not exist. If the organizer gets more applications which correspond to the requirement profile as exhibition space exists, a jury decides on the admission according to the major goals of the fair.
- Please note that regarding the decision on your admission the jury takes only the artists or artworks into account that are given with your application (see above No. II. 2.). If you are admitted, the jury is entitled to select all or single artists or artworks of your application. This means that you are admitted only in connection with certain artists or artworks, i.e., you are obliged to present only those artists or artworks which you have given with your application, and which were selected by our jury. The exhibition of other artists or artworks than those which were given with your application and/or were not selected by the jury is expressly not allowed.
- The organizer is not liable for damages or other costs which arise or can arise from you as an applicant (potential participant) from your application and a later non-admission to the fair.
- At the latest with the written admission the contract gets formally binding in accordance with these conditions of participation. You will be informed about your admission after your application, by email. The contract automatically ends after the end of the respective contract-relevant fair, unless both contracting parties agree otherwise. This must be done in writing.
- If you have not accomplished your financial obligations once or not on time towards the organizer, you can be excluded from admission.
- If the contents of the admission deviate from the contents of your application, the contract becomes binding in accordance with the admission if you do not contradict it within 2 weeks after access in writing. The same arrangement is valid in case of time displacement or change of the location of the fair, provided the change is reasonable for you; besides, the new announcement of change by the organizer takes the place of the admission.
- The admission is valid for the fair as given in No. I.
- Surrender of the exhibition space
- The organizer makes available an exhibition space from 4 to 20 metres of walls to you during the fair. The exhibition space that is given to you and that is relevant for the calculation of the rent, may fall short of the realizable booth size by 15% and may be exceeded indefinitely. Before the opening of the fair, you will receive a plan of the fair in good time on which the exhibition spaces are marked. Columns, projections, and other installations are part of the exhibition space and do not entitle to decrease the participation fee according to No. VII.
- The allocation of exhibition space will be accomplished by the organizer based on the affiliation of the exhibition objects announced by you to an exhibition subject within the event. A claim to allocate an exhibition space in a certain hall, in a certain area of a hall or to certain rooms does not exist. In the isolated case of an important reason, the organizer is entitled to allocate to you afterwards an exhibition space deviating from the admission, to change the size and mass of your exhibition space, to move entrances and exits or to close and to carry out architectural changes in the rooms without the possibility to derive legal claims from that. In case of a reduction in the room size, the difference in the amount of the participation fee is refunded to you.
- If the exhibition space is not available for reasons which are not attributable to the organizer’s fault, you are immediately informed. In this case, you have the claim to restitution of a partial amount of the participation fee.
- In this case an additional claim of compensation does not exist. If you have objections, you must allege them immediately in writing, in any case during the term of the fair; later objections the organizer cannot take into consideration anymore.
- Commitment to the contract
- The organizer is entitled to withdraw from the contract in case of an important reason. Such an important reason is given in particular if - an allowed motion for opening the insolvency proceedings about your property is filed or such a motion has been rejected because of the absence of valuable property; - the organizer does not receive the necessary public law approvals for the fair, provided he is not responsible for that; - the realisation of the fair becomes impossible in full or in part for reasons that are not attributable to the organizer’s fault; - you repeatedly and in spite of a warning do not follow the organizer’s instructions during the fair and the time of construction and dismantling respectively - you repeatedly and in spite of a warning present artists which are not permitted by the jury based on your application related to the admission.
- If there is filed a motion for opening the insolvency proceedings about your property or such a motion has been rejected because of the absence of valuable property you have to inform the organizer immediately.
- After legally binding application and admission a dismissal from the contractual relationship is not possible anymore. The organizer can exceptionally agree to the wish for dismissal from the contractual relationship if the exhibition space that is assigned to you can be otherwise rented. In this case, the organizer is entitled to demand an all-inclusive compensation of the caused costs in the amount of 50% of the participation fee without proof. It is allowed to you to give proof that the damage has not originated or is in a substantially lower range. A liability for the media costs according to No. VII. 4. and other costs which have originated from the use of services of others remain unaffected by this. The allocation of the nascent exhibition space with a participant that is already admitted and placed at the fair by changing the exhibition space is no case of renting an exhibition otherwise.
- If you do not take over the exhibition space assigned to you at the beginning of the construction time, the organizer will request you to take over the exhibition space under the settlement of an adequate term. If this term passes by unsuccessfully, the organizer is entitled to withdraw the contract and claim compensation because of the non-fulfilment of the contract. You bear the risks for this: a) The products intended for the presentation cannot be imported because of the statutory regulations valid in the venue or for other reasons. b) Products do not arrive on time, not intact or not at all in the venue, e.g. by loss, transport delay or duty delay or c) the journey for you, your employees, your booth or construction staff is delayed or becomes impossible. In these cases, you remain obliged to pay prices and fees as contracted.
- Construction and design of the booth / Dismantling
- The setup by the participants takes place exclusively at the times specified by the organizer, which are defined in the exhibitor information in its current version for the respective fair.
- A basic light sufficient for the rooms exists. Special exhibition lights can be provided against a surcharge. All additional technical installations you probably need, especially installations for electric power (AC 230 V), protection elements, and acquisition of local assistants can be provided exclusively by the organizer against a surcharge. This requires are duty-filled order form that must be given to the organizer 4 weeks before the fair starts. Here the price lists published by the organizer apply in their current form for the respective fair. It is not permitted to bring your own partitions and your own furniture or lighting. The cancellation of ordered additional technical services is not possible. The conditions for additional services such as additional lighting, electrical connections, additional walls, rental furniture, etc. can be found in the service catalogue and the price lists contained therein. All mentioned prices are net prices. As far as VAT is due, it will be charged additionally.
- Booth construction and design must correspond to the legal requirements and these conditions of participation.
- During the fair the booths must be staffed and equipped with the announced and admitted exhibition objects. The organizer can require from you the removal of exhibition objects which could cause a serious disturbance of the fair or a safety risk for exhibitors and visitors by smell, noises, or other emissions or by his appearance. The organizer can also require the removal of exhibition objects from you if you present works of artists who were not given with your application and/or were not admitted by the jury.
- Apart from that you are responsible for observing all legal requirements of the host country. If this is not the case the organizer has a claim to correction or forbearance. If you do not follow the requirements immediately, the organizer is entitled to let remove the complained exhibition objects at your expense and at your danger and to close your booth without the possibility of deriving claims against the organizer out of this.
- As an exhibitor you are obliged to arrange your design measures with the organizer in advance.
- It is not allowed to place and exhibit board works on the floor, on heaters or similar.
- After the construction (No. 1.) and before the opening of the fair the organizer and the jury will inspect the exhibition space. On this inspection, the organizer reserves himself the right to require removals and/or changes from you, especially regarding the hanging and the installation of the exhibition objects in accordance with the conditions of No. VI.
- You are obliged to leave the exhibition space after dismantling in the same condition as it was before construction and to hand it over to the organizer. If this does not happen, the costs for construction, repair and garbage disposal are charged to you.
- As an exhibitor, you must only use your booth space, corridors, passages and display areas are not to be used in any case by an exhibitor without a written consent from the organizer.
VII. Participation fee and other costs / Conditions of payment
- Your participation fee is charged depending on the stand size and meters of the wall of the exhibition space which is allocated to you plus 23% sales tax. The participation fee includes: - the surrender of the exhibition space for the time of construction, the fair and dismantling - the running costs (light, water, garbage disposal, cleansing) for the fair area; - the provision of security guards.
- The exact amount of your participation fee you get with your admission is based on the desired booth size you specify in your application, provisory of the settlement in No. IV. 1. of these conditions of participation.
- 100% of the participation fee plus 23% of sales tax are to be paid on the account of the organizer within the terms given in the invoice after access of the admission. For keeping the term of payment, the day of the in-payment on the account of the organizer is crucial. The amount is charged to you under the disclosure of the sales tax.
- The calculation of the assigned exhibition space is made without taking into consideration protrusions, columns, connections for installations and other permanent installations. Protrusions, columns, connections for installations and other permanent installations which exist in the rented exhibition space do not entitle to claim a decrease in the participation fee or other costs.
- The prices settled with the admission are net fixed prices plus probably occurring sales tax and comparable taxes at the venue. The organizer is entitled to raise the prices if his own costs are increasing, in particular, because of rising production costs, relation costs and labour costs as well as fees, taxes and other public charges at the venue.
- The on-time payment of all liabilities is a condition for the possibility of using the exhibition space. On default, you must pay interest in the amount of 8% over the base rate interest according to the Bank of Portugal’s official rate. If higher damage arises to the organizer, he is entitled to claim this. The liability of damages is cancelled or decreases if you prove that the organizer has no or lower damage because of the default.
- If the payment is not on time according to No. 3 the organizer is entitled to terminate the contract. In this case, the organizer is entitled to claim 50% of the participation fee, even if the exhibition space can be rented otherwise.
- For his claims of renting the exhibition space the organizer gets a lien on all objects you put in your exhibition space.
- The achievements produced by us are invoiced in EURO.
- Please raise objections regarding the invoice immediately in writing, at the latest within 8 days after access; later objections we cannot take into consideration.
- The unexpurgated amounts are due to the organizer also even when you do not fulfil your obligations from the contractual relationship. A claim of compensation is not affected by this.
- With counterclaims against the claims arising from the contractual relationship you can count only so far as your claims have been ascertained indisputable or legally valid. The same is valid with respect to the right of retention.
- In the transmission of an invoice to a third party by request of the exhibitor lies no relinquishment of the claim against the exhibitor. You remain obliged to compensate for the entire claim. Further claims are excluded according to No. XII.
VIII. Media services / Fair catalogue / Promotion
- The organizer provides different media services. These contain an internet platform on the organizer’s website at www.artexpoalgarve.com, where exhibitors have published a biography, one picture and text and a fair catalogue.
- For the fair catalogue you can choose between a half-page, a single-page, or a multi-page entry. For this you provide on time the picture in a suitable print format (digitally, provided over an online platform) and the texts that are to be printed (likewise digitally). If this does not happen by the settled date which you get told on time by us, we will fill in the catalogue with the information you provided with the application.
- Herewith you transfer the unlimited servitudes of the mentioned pictures and texts to the organizer for the purposes of publication in the fair catalogue and the public relations and press work of the organizer. You guarantee that you own the necessary servitudes towards the originator. Servitudes, ancillary copyrights, naming rights, trademark rights, title rights and marking rights belong to it, etc. Furthermore, you guarantee that the pictures do not infringe on someone’s personal rights or other rights (third-party rights). Should somebody raise claims against the organizer because of an infringement of the aforementioned rights, you release the organizer from these claims - including all lawyer's costs and court fees.
- On the website of the Art Expo Algarve you get a temporary online appearance. For this you provide on time a picture in a suitable display format (digitally, provided over an online platform) and the texts that are to be displayed (likewise digitally). By the submission of the pre-mentioned pictures and texts you hereby represent and warrant that you have been granted all necessary rights by the artist and/or photographer to allow us to reproduce, distribute, make publicly available on the internet and publish said pictures and texts via any type of printed or online media in the art fair magazines, advertisements for the art fair, press releases and so forth. You will keep us fully indemnified against any claims for damages and similar claims.
- For the provision of media services provided by the organizer, you pay an amount of 120 EUR (single page catalogue entry, each additional page 95 EUR) plus 23% sales tax.
- The organizer provides different advertising services. These include ad placement, public relations, advertising posters, outdoors, flyers, blogs, posts, etc…
- For promotion services provided by the organizer you can request the pricing to be featured on our promotion materials.
- Co-exhibitors / Other represented companies/group booths and collective booths
- Exhibition space will only be handed as a whole and only to one contractual partner.
- If you want to release your booth to another company that provides its own products and staff (co-exhibitors), you need a special application and permission from the organizer. This is also valid for companies which are representing their own products, but not with their own staff (other represented companies). Affiliates and subsidiary companies are considered co-exhibitors. The organizer is entitled to charge a participation fee and other costs for the admission of co-exhibitors which are to be paid by you as an exhibitor.
- Regarding the admission of co-exhibitors and other represented companies No. III. to VI. are also valid; these conditions of participation are valid for these companies insofar as they are applicable. If you involve a co-exhibitor or another represented company without explicit permission by the organizer, the organizer is entitled to terminate the contract without notice and to clear the exhibition space at your expense and at your risk. After the admission contractual relations exist only between the organizer and the exhibitor who is liable for faults of his co-exhibitors/other represented company as for actual faults.
- If several companies want to participate jointly in a single exhibition space at the fair, the present conditions of participation are valid for every single company. In addition to that you are obliged to name a common representative as a contact in your application. No. VII is valid analogously. In the case of a permitted joint use of the exhibition booth, all companies are liable to the organizer for the payment of the participation fee and other costs and the fulfilment of all other obligations – irrespective of the legal grounds - as codebtors.
- Householder’s rights Within the exhibition area the organizer holds the householder’s rights. He is entitled to let remove exhibition objects from the booth, if their exhibition injures valid rights, offends common decency or the exhibition program or contradicts the goals of the fair declared in No. I.
- The advertisement for political and ideological purposes is not permitted. By serious violations against the present conditions of participation, the organizer is entitled to remove your booth or to clear it.
Warranty claims do not exist if the damage is based on normal wear, force majeure, wrong or negligent treatment, excessive demand, non-observance of legal rights or operating instructions.
XII. Liability / Insurance
- The organizer has no duty of proper care for bringing in exhibition objects, booth equipment and objects which belong to the persons working on the booth.
- Any liability for property damage and financial loss is excluded, provided that the risks can be insured. Independently exists the liability of intentional or negligent misconduct. This legal disclaimer remains unaffected by the made measures of security. Within the scope of the liability, the legal burden of proof rules remains unaffected; they are not changed by this stipulation. Hence you are obliged to have insurance for your exhibition objects and other brought-in objects against all possible dangers (e.g. theft, robbery, fire, water, etc.) for the duration of the fair. Proof of your insurance must be provided to the organizer on request.
- As an exhibitor you are liable for every damage towards the organizer, which is culpably caused by you, your staff, your employees or from your commissioned third parties or other third parties with which you engage.
- Regarding claims of compensation for the injury of life, body, and health the organizer is liable for intentional and negligent misconduct within the scope of the legal obligations, and/or legal claims of compensation of any kind including for consequential damages are excluded, provided that the damage was not caused by the organizer by intentional or negligent misconduct.
- The present limitation of liability is fully valid for legal entities, employees, legal representatives, and vicarious agents that the organizer engages to fulfil the contract.
- Nevertheless all claims of compensation are limited to the substitute of the typical predictable damage. In addition, the organizer is liable for every culpable violation of an essential contractual commitment. Essential contractual commitments are only those whose recognition is indispensable to the realisation of the contract. This applies to all claims which could arise based on and in connection with this contract.
- If the organizer is forced because of force majeure or other reasons not caused by him to clear the exhibition area or parts of it temporarily or durably, to shift the fair date, to shorten or to extend the venue, you cannot derive claims from that, in particular no claims of compensation against the organizer.
- In any case the organizer is liable - regardless of the restrictions of liability based on these conditions of participation - for culpable behaviour. Regarding contracts obtain for the acquisition of certain items the organizer does not take on the exercise, provided there is no other contractual commitment.
XIII. Measures of security
The organizer is responsible for the observance of the statutory provisions of fire prevention. During the fair as well as during construction and dismantling work, there is an absolute smoke and fire ban on the whole fair area.
XIV. Statute of limitation
Your claims against the organizer arising out of the contractual relationship and all claims that relate to it lapse within three months unless there is a shorter legal statute of limitation or the liability of the organizer results from intentional behaviour. The longer legal limitation claims for tort claims, guile and culpable impossibility remain unaffected. The statute of limitation starts at the end of the month in which the final day of the fair lies.
- Place of fulfilment / Legal venue
- The place of fulfilment is the location of the organizer.
- Legal venue, also in the documents process, change process and cheque process is, as far as it concerns you as a businessman, an entity of public law or a fund asset regulated by public law. The organizer is also entitled to make his claims at the court of your location. For all legal relations between you and the organizer Portuguese Law of these conditions of participation is crucial; part of the contract are the rules of the house. The diction of the contractual relation is English.
XVI. Clauses / Final clauses
- As an exhibitor you are also responsible for the observance of all laws valid in the host country, guidelines, and other regulations if the conditions of participation of the organizer deviate from such regulations. You are obliged to inform yourself about the legal regulations at the venue on time and profoundly and to obtain the necessary knowledge. The organizer is not liable for damages and other disadvantages which could arise for you as an exhibitor.
- The organizer is entitled to shift the fair date, to shorten, extend or cancel the venue and to close it temporarily or finally or in single parts or at all in case of unforeseen events like force majeure, natural disasters, war, strikes, health emergencies, failure, or obstruction of transport links and/or communication. In cases of time displacement, shortening, extension or closing you get no claim to substitute the damages arising from this. Exhibitors have the option of participating in one of the organizer’s subsequent fairs in the case of a cancellation or postponement of the fair. If because of such a measure participation is of no interest to you and you therefore choose not to allocate the exhibition space assigned to you, you are entitled to withdraw from the contract. The resignation must be explained immediately after knowledge of the change in writing. In the case of a refusal of the venue, the organizer is not liable for damages and/or other disadvantages which arise from this. By request of the organizer, you are obliged to bear an adequate amount of the costs which arise from the preparation of the fair. The height of the rate to be paid by every exhibitor is settled by the organizer. The height of the rate is based on the preparation costs of the fair incurred up to this point, which are apportioned to all participants. The cost statement can be viewed on request.
- With your acceptance of the conditions of participation on the online application form you accept the conditions of participation of the organizer as well as all other regulations concerning the contractual relationship as obliging.
- If these conditions of participation are partly void or incomplete, the validity of the remaining regulations as well as the contract remains unaffected by this. In this case, the contracting parties are obliged to replace the void regulation or to fill the gap with such a regulation that accords with the economic purpose of the parties.
- All changes to the contract must be done in writing. This is also valid for the change of the written form clause itself.