TERMS AND CONDITIONS

ARTLAB MUNICH

Participation Terms
/ General Terms & Conditions

  1. EVENT NAME AND CONCEPT

ARTLAB MUNICH is organized by Galerie Benjamin Eck II, Zieblandstraße 19, 80799 Munich, Germany (“organizer”).

ARTLAB MUNICH is a series of exhibition projects with different artists, taking place at various times throughout the year at Galerie Benjamin Eck II. After each event, the gallery team and a guest curator select the most promising artist to participate in a new group exhibition with the other ARTLAB nominees at the end of the year. At this annual exhibition, one artist is selected who will receive the exclusive opportunity to officially exhibit at Galerie Benjamin Eck in the following year. These participation terms apply accordingly to the annual exhibition except to the extent expressly agreed otherwise.

The event aims to promote sales of original primary market artwork with a minimum price of 500 EUR. Participating artists may enter into a commission agreement with Galerie Benjamin Eck II. This is however not a prerequisite for participation.

Measurements of works to be exhibited:

L: 150 cm x H: 120 cm.

The character of the event requires that participants present only original works of art. The sale of merchandising items such as t-shirts and stickers is not permitted.

  1. LOCATION, DURATION AND IMPLEMENTATION

ARTLAB MUNICH generally takes place every two months. The precise date of the next ARTLAB is announced at the end of each ARTLAB. ARTLAB MUNICH will take place for the first time on 30 June 2017, at Galerie Benjamin Eck II, Zieblandstraße 19, 80799 Munich, Germany.

The opening hours on the day of the event for participants are 09:00 AM to 12:00 AM (midnight); for visitors 7:00 PM to 12:00 AM (midnight).

Special Event “TEAPARTY”: 

The opening hours on the day of the event on September 2, 2017 for participants are 09:00 AM to 10:00 PM; for visitors 3:00 PM to 10:00 PM .

  1. PARTICIPANT APPLICATION AND APPROVAL

Free artists, designers and creative of any kind are eligible for ARTLAB MUNICH.

Interested parties may apply to participate in writing (e-mail sufficient) no later than seven days prior to the date of the next available ARTLAB event. The application must include a completed application form, a motivation letter, a CV and a portfolio (work to be exhibited).

Approval is granted or refused by the Galerie Benjamin Eck II team in its discretion. Applicants are not entitled to approval. An approval does not create any rights in view of subsequent events.

The organizer is not liable for any frustrated expenses or other costs that the applicant may suffer/incur in connection with a refused application to participate.

The organizer communicates the approval or refusal via e-mail. In the event of an approval, the organizer also sends the standard commission agreement (if participant has not opted out) and the invoice for the participation fees. If the participant wishes to enter into the commission agreement, they must return a signed copy prior to the start of the event.

Upon participant’s receipt of the notification of the approval, an agreement is concluded based in these participation terms and the fees set out in Section 7 become due. For clarity, the organizer reserves the right to invoice the exhibition fee separately if the participant does not enter into the commission agreement.

The application may be withdrawn until participant’s receipt of the approval notice. After such receipt, a withdrawal is generally no longer possible. In the event of a “no show” (including event of non-payment of fees prior to the event) or any other unjustified repudiation of the agreement for which the participant is responsible, organizer is entitled to a contractual penalty amounting to the handling and storage fee.

  1. FEES; PAYMENT TERMS

The following fees apply per exhibited work:

Handling and storage fee for a work up to 1m2: 50 EUR; for works larger than 1m2, the handling and storage fee is 75 EUR.

Exhibition fee: 50 EUR; this fee is waived if the participant has signed a commission agreement with the organizer prior to the start of the event; in this case the agreed commission is payable upon successful placement of the artwork.

The aforementioned fees are doubled for the ARTLAB annual exhibition.

In the event the participant is unable to install their work themselves (e.g. participant from abroad who cannot be there at the event), they may book a hanging / mounting and dismounting service for 50 EUR.

All fees are net prices; statutory VAT must be paid in addition as applicable.

Galerie Benjamin Eck II accepts only direct deposits into the company bank account. Cheques and PayPal payments are not accepted. Any banking fees and wire transfer fees must be borne by – and will be charged to – participants.

  1. DELIVERY AND PICK-UP; DISMANTLING

Participant is responsible for organizing and paying for timely delivery (before the event) and pick-up of the works. Dates and times for transport to and from the gallery must be coordinated in advance with the organizer. The date for pick-up / return shipment (in the event the work is not sold) is one month after the date of the event.

If works are delivered by a shipping company, the organizer is not responsible for any damage or complication occurring during delivery or return shipment.

If return shipment is desired, applicant must declare this in advance and organize it through a bill of freight or return shipping label.

After the event, the exhibition area will be reviewed. In the event of manifest damages (excessive amount of holes, breakage, non-removable stickers/materials), a fee of 100 EUR will be charged. If the participant has placed any mounts, walls must be filled and painted accordingly.

  1. ORGANIZER’S SERVICES

Organizing and administering the event, including special programmes. Provision of exhibition space including standard lighting.

Further services: Online mention at artlabmunich.com, creation of marketing materials, PR, publication in social networks and on art platforms.

  1. TERM OF AGREEMENT; RESCISSION; TERMINATION

The agreement ends one month after the date of the event, however no later than the beginning of the subsequent ARTLAB. During this time, the works are kept by the organizer for the purpose of placement.

The organizer may rescind the agreement for good cause. In particular, it is deemed good cause if the organization of the event becomes impossible in whole or in part because of events for which organizer is not responsible.

Furthermore, it shall be good cause if the participant has not paid the due fees prior to the start of the event. Organizer’s other statutory and/or contractual rights remain unaffected.

The statutory right of extraordinary termination without notice for good cause remains unaffected.

  1. DOMICILIARY RIGHT; REMOVAL OF EXHIBITED WORKS

The organizer exercises domiciliary rights at the event location. It is entitled to remove exhibits if their exhibition violates applicable law or common decency, or breaches these participation terms or the terms of the event. Promoting political or ideological ideas is not permitted.

  1. LIMITATION OF LIABILITY

The organizer is liable without limitation for wilful intent, gross negligence, as well as personal injury and in the event of breach of a guarantee (which must be expressly designated as such in order to be a guarantee in the legal sense), and under the German Product Liability Act.

In other cases than those described in the preceding paragraph, the organizer is liable for slight negligence only in the event of breach of a material contractual obligation (cardinal duty), and only for typical and foreseeable damage. A cardinal duty is an obligation that must be performed to make the achievement of the purpose of the contract possible in the first place and on the compliance with which the participant may therefore generally rely.

In other cases, the organizer is not liable for slight negligence, and, for clarity, also not for force majeure.

The foregoing limitations apply accordingly for the benefit of any statutory representatives, officers, employees and (vicarious and other) agents of the organizer.

  1. DISCLAIMERS / FINAL PROVISIONS

All exhibitors are responsible for complying with any laws, directives and other rules of the host country if the organizer’s participation terms deviate from such Provisions. They are obliged to comprehensively familiarize themselves with the applicable rules at the event location in a timely manner and obtain the required knowledge.

The organizer may reschedule, shorten, extend or cancel the event or temporarily or definitively entirely or partially close it if required because of unforeseeable events of force majeure, natural disaster, war, civil disturbance, strikes, or failure of transport or communication links. In such event of rescheduling, shortening, extension or closure, exhibitor is not entitled to any damages. If participation is no longer relevant for an exhibitor because of such actions, and if exhibitor therefore waives the right to use the assigned exhibition space, then exhibitor may rescind the agreement. Such rescission must be declared in writing without undue delay after exhibitor learns of the change. The organizer is not liable for any damages and/or other disadvantages as may result from this for an exhibitor.

In the event these terms are partially unenforceable or have any gaps, the validity of the remainder of the provisions and the agreement as a whole remain unaffected. In this event, the parties shall replace such unenforceable provision and/or fill such gap (as applicable) by the provision that comes closest to the parties’ initial commercial intention. Any modifications of this agreement must be in writing. This also applies for any waiver of the written form requirement itself.

  1. PLACE OF PERFOMANCE / LEGAL VENUE

The place of performance is the domicile of the organizer. The legal venue is Munich. The organizer may also file claims in the court with jurisdiction over participant’s domicile.

Last updated: June 2017