Pop Art-esque Submission Fee

Artist Participation Agreement

Pop Art Esque

1. Each artist (“Artist”) participating covenants and represents to Art Scene West that Artist is in compliance with and agrees to all the following terms of this Agreement for Artist Participation (the “AAP”):

2. All terms of the AAS (Agreement for Artist Submissions) not inconsistent with the AAP (Agreement for Artist Participation) are incorporated into the AAP by reference and made a part of the AAP.

3. Artist has received written notice from Art Scene West that an artwork submitted by Artist under the terms of the AAS (the “Selected Artwork”) has been selected for participation under the terms of this separate AAP.

4. Artist warrants and represents to Art Scene West that the Selected Artwork is an original creation of Artist, and that Artist is the exclusive owner of the Selected Artwork and its copyrights. Artist shall retain title and Artist’s copyrights to the Selected Artwork throughout the duration of the exhibition, except that title to the Selected Artwork shall pass to a buyer in the event of its sale by Art Scene West.

5. Artist grants Art Scene West an exclusive agency to represent Artist in the marketing and sale of Artist’s Selected Artwork throughout the duration of the exhibition, and includes the online exhibition at www.artscenewest.com. Artist grants Art Scene West a 40% commission on the proceeds of the sale of Artist’s Selected Artwork if such sale occurs during the term of the exhibition. The Selected Artwork may not be sold by the Artist through any other outlet during the term of this agreement. Unless the artwork is rejected, as provided below, or a separate agreement has been made between Artist and Art Scene West, it will not be returned to Artist during the term of the exhibition. 

6. Artist’s Selected Artwork shall be assigned a price for sale (the “List Price”) during the term of the exhibition as is originally determined by the Artist. Art Scene West shall have the discretion to negotiate a final sale price with a customer of up to 15% below the List Price to conclude a sale of the Selected Artwork. Art Scene West shall remit net sale proceeds to Artist after deduction of its 40% sales commission and 50% of the credit card processing fee within 30 days of the sale.

7. The Selected Artwork shall be Exhibit-Ready when delivered by Artist to Art Scene West. Exhibit-Ready means and includes each of the following as relevant to the Selected Artwork: (i) the Selected Artwork is consistent with the photographic representation of such work previously submitted by Artist and is not damaged; (ii) All hanging and standing mechanisms for displaying the Selected Artwork shall be of professional quality, in working condition and able to support the weight of the work. 

8. All components of the packaging of the Selected Artwork when delivered by Artist to Art Scene West shall be of suitable quality and durability for its reuse, either in the event of a sale of the artwork, for its delivery to the buyer, or, in returning the artwork to Artist at the conclusion of the Exhibition. Use of packaging peanuts is prohibited, resulting in an additional fee of $25 for clean-up and disposal. 

9. Art Scene West is not responsible for loss or damage of artwork due to 1.) Theft that overcomes Art Scene Wests’ initial building security, including Seaport Village’s 24 hour roving security of the premises and the Harbor Police Department’s adjacent location to our gallery. All official reports of such criminality will be made available to the Artists who are affected. 2.) acts of God that involve natural disasters, random occurrences, and other unforeseen circumstances resulting in the irreconcilable damages to the gallery in excess of our insurance coverage limits.  3.) poor construction by Artist or previous handlers of the artwork before it came into possession of Art Scene West 4.) carrier service of the artwork in its transit to Art Scene West, the customer, or back to Artist at the conclusion of the Exhibition. 5.) faulty display mechanisms installed by Artist or on Artists’ behalf before being received by Art Scene West. Art Scene West will care for Artists artwork in the most professional manner possible under all practical, foreseeable and anticipated circumstances. 

10. Artist shall cause the Selected Artwork to be delivered to the Art Scene West gallery at Art Scene West, 803 W Harbor Drive, San Diego California 92101. The Artist is responsible for all shipping costs (including the cost of boxing, packaging and cushioning materials of the Selected Artwork) as necessary (i) in order to deliver the Selected Artwork to Art Scene West; and (ii) ultimately for Art Scene West to make return delivery of the Selected Artwork to Artist in the event the work remains unsold at the conclusion of the Exhibition. Artist is responsible for return shipping either in the form of a prepaid return label covering all return shipping costs which shall accompany the Selected Artwork upon its delivery to Art Scene West, or by a separate arrangement made with the Gallery. Art Scene West shall not be responsible for damage to or loss of the Selected Artwork during transit either from the artist to Art Scene West or during its return shipment from Art Scene West back to the artist. It is the artist's responsibility to cover the risk of loss or damage for the Selected Artwork. The Artist must request to have return shipping insurance included in their return-shipping invoice if they elect to have Art Scene West calculate return-shipping costs. 

11. Art Scene West reserves the right to reject the Selected Artwork if 1.) it is damaged upon delivery, 2.) if it is not consistent with the artist's digital photograph(s) of the artwork, or 3.) if the artwork is not Exhibit-Ready. Alternatively, if the Selected Artwork is not Exhibit-Ready, and in the sole discretion of Art Scene West, a fee of up to $100 may be charged back to Artist to cover the expense of making the artwork Exhibit-Ready. If the Selected Artwork is delivered to Art Scene West without a prepaid return shipping label, and unless suitable other arrangements for return shipment have been made by Artist and Art Scene West, upon the expiration of 30 days following the conclusion of the Exhibition the Selected Artwork shall be deemed abandoned by the Artist and shall become the property of Art Scene West.

12. Artist agrees to indemnify, defend, and hold harmless Art Scene West from any claim or demand, including attorney’s fees, made by any third party due to or arising out of Artist’s breach of the Terms in this AAP or Artist’s violation of any law or the rights of a third party.

13. ARBITRATION OF DISPUTES. Any dispute, controversy or claim arising out of or relating in any way to this AAP, including without limitation the parts of the AAS incorporated by reference herein, or the breach, termination, enforcement, interpretation or validity of this AAP, including the determination of the scope or applicability of this agreement to arbitrate, shall be exclusively resolved by binding arbitration in San Diego, California, or another location in California mutually agreed to by the parties. The arbitration shall be administered by ADR Services, Inc. and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services, Inc. Arbitration Rules. The cost of the arbitration shall be borne by the losing party or in such proportions as the arbitrators shall decide. The prevailing party shall be entitled to an award by the arbitrator of its attorney’s fees.

14. California law shall apply to the interpretation and enforcement of this AAP.