ScrapFest Artist Artwork Agreement
This agreement (the “Agreement”) is hereby entered by and between SCRAPFEST LLC (“ScrapFest”) and the undersigned (“Artist”). In exchange for the presentation of Artist’s sculpture(s) created for ScrapFest (“Artwork(s)”), Artist hereby agrees to the following:
1. ScrapFest will exhibit Artist’s Artwork(s) during the ScrapFest Art Festival as well as on the ScrapFest website (scrapfest.com) for the year in which they are created, or until the following year’s application period is released.
2. In exchange for ScrapFest’s exhibition of Artist’s Artwork(s), Artist grants ScrapFest the right to represent Artist in the subsequent sale of the Artwork(s) by ScrapFest.
3. TERM: The term of this Agreement begins when Artist’s Artwork(s) is created for the ScrapFest art festival through the release of the following year’s ScrapFest applications.
4. Artwork(s) will be sold during the ScrapFest Art Festival via a silent auction. Artist will decide the minimum bid price, along with a Buy-It-Now price.
5. COMMISSION: The following commission/payment terms will apply to Artwork(s) sold by ScrapFest: 70% (payment to Artist), 20% (commission to ScrapFest), 10% (donation to the charitable organization ScrapFest partners with for that year). By signing this document, Artist agrees to each stipulation as outlined in this Agreement.
6. ScrapFest reserves the right to determine the terms of payment (cash, check, credit card, bank card, deferred or installment). ScrapFest shall pay the Artist all proceeds due the Artist within thirty (30) days of the sale. If ScrapFest accepts installment payment sales, Artist agrees to accept partial payments as received by ScrapFest. Artwork(s) will not be released by ScrapFest to Buyer until full payment is received.
7. ScrapFest retains ownership of Artwork(s) represented by ScrapFest, from the Artwork(s) creation through 30 days after the ScrapFest festival ends, unless such Artwork(s) is sold within that time period. Artist retains copyright to Artwork(s) in perpetuity, as governed by law. ScrapFest shall take steps necessary to ensure that the Artist's notice of copyright is projected and included in all documentation.
8. In no event shall ScrapFest be liable for any injury, loss, damage, theft or disappearance of or to property. All reasonable efforts will be made by ScrapFest to protect Artwork(s) from accidental damage or breakage. Insurance liability for accidental damage or breakage is not provided by ScrapFest.
9. MODIFICATIONS: All modifications of this Agreement must be in writing and signed by both parties. This Agreement constitutes the entire understanding between ScrapFest and Artist.
10. PROMOTION: Artist grants ScrapFest the right to use or publish images and/or videos of Artist and Artwork(s) to promote Artist and Artwork(s) online before the festival, throughout the festival, and online after the festival. Promotion may include email marketing, social media marketing, along with any other opportunities ScrapFest may find that help support the Artist or Artwork(s).
11. TRANSPORTATION/STORAGE: Artist agrees to provide transportation of Artwork(s) to the allocated Drop-off location on Drop-off Day, to the festival during the festival time period, and back to the Artist’s premises after the festival is over if Artwork(s) did not sell at the auction during the festival. If Artwork(s) sell, Artist agrees to coordinate the delivery terms with the Buyer of Artwork(s).