Terms and Conditions for the Open Art Market hosted by Open Art Spaces.

 

1. Introduction

 

a. These Terms and Conditions govern participation in the Open Art Market (defined below) held from time to time at various locations. By participating, all Stall Holders (defined below) agree to comply with these terms.

 

b. In these Terms and Conditions the term “Stall Holder” means any person, firm, or company who has made an application for and who has been granted a stall in an Open Art Market. The terms “Organiser” or “Open Art Spaces” mean Open Creative Events Ltd, a private company limited by shares registered in England & Wales with company registration number 16340873, whose registered office address is Apollo House, Hallam Way, Whitehills Business Park, Blackpool, England, FY45FS. The term “Open Art Market” means any art market event held by the Organiser from time to time.

 

2. Market Overview

 

a. The Open Art Market features stalls where artists can sell original artwork. The Open Art Market operates in a welcoming environment for both seasoned collectors and first-time buyers.

 

PART A: FOR STALL HOLDERS

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3.    Application & Allocation

 

a. Participation is by application only. Artists must submit an application via the online form to secure a stall.

 

b. All fees to exhibit at an Open Art Market  (the “Stall Fees”) must be paid in full prior to the event, within 48 hours of your receipt of the acceptance notification. Your stall at the Open Art Market is only confirmed once we receive your stall payment from you. Stall Fees are to be paid via the payment link provided.

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c. Save where there are less than 14 days until the Open Art Market for which you have booked a stall (in which case you may not cancel your booking), you may, by written notice to the Organiser, cancel your stall booking within 14 days of the earlier of (i) the Organiser confirming your booking for that Open Art Market and (ii) you paying the Stall Fee.

 

d. If the Organiser has to cancel an Open Art Market, you may either: 

 

i. transfer your stall booking to another event, subject to the availability of stalls at the aforesaid event, or

 

ii. choose to have the Stall Fees refunded to the bank account from which the Stall Fees were paid.

 

e. The Organiser shall not be held liable for any losses incurred by you as a result of, or in connection with, the cancellation of any Open Art Market and the Organiser specifically disclaims any such liability.

 

f. You will be provided with a designated arrival and set-up time in your information pack. It is your responsibility to arrive on time. If you arrive more than 60 minutes late, we will assume you are forfeiting your stall, pursuant to which any Stall Fees paid by you will not be refunded, and we will be unable to accommodate your participation in the event. 

 

g. Participating in one Open Art Market doesn’t guarantee you a spot at a future Open Art Market. For each Open Art Market that you want to join, you’ll need to fill out and submit a new application form.

 

h. Stall layouts are curated and allocated by the Organiser at the sole discretion of the Organiser and are non-negotiable.

 

4.    Infrastructure and equipment

 

a. All Stall Holders are provided with an Open Art Market stall and table. Size varies by location, so please check the event application form for measurements. Any additional equipment must be agreed with the Organiser before the Open Art Market date. We reserve the right to ask you to remove any additional infrastructure and/or equipment not previously approved by the Organiser in writing. Chairs are not supplied but you may provide your own. If you have any accessibility needs, please raise this with a member of the Open Art Spaces team.

 

b. You can decorate your stall however you like, as long as it doesn’t create a safety risk or interfere with your stall neighbours. By agreeing to these Terms and Conditions, you acknowledge that decisions as to the safety of stall decorations and the extent to which they may interfere with your stall neighbours is in the sole discretion of the Organiser, whose decision will be final. You must leave your stall clean and tidy at the end of the agreed Open Art Market end time, with no strings, tape, etc left. This includes disposing of your own rubbish in the bins provided. 

 

c. Stall Holders have a maximum of 30 minutes from closure of the Open Art Market to pack and vacate their stall. In the event that a Stall Holder exceeds this time, the Organiser reserves the right to charge the Stall Holder a fee of £25.00 for each additional 30-minute period (or part thereof) that the stall remains occupied beyond the initial period of 30 minutes from closure of the Open Art Market.

 

d. Stall Holders are required to provide their own payment systems and ensure they will have access to the internet on the day. For the avoidance of doubt, the Organiser will not provide any attendees and Stall Holders with any wi-fi, internet access, or payment systems. 

 

e. The Organiser is not responsible for making any parking arrangements for Stall Holders or any attendees. Please see the Market Information Pack for more details, available on our Markets page.

 

5.    Liability

 

a. Nothing in these Terms and Conditions shall limit or exclude the Organiser’s liability for: 

 

i. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 

 

ii. fraud or fraudulent misrepresentation; or

 

iii. any other liability which cannot be limited or excluded by applicable law. 

 

b. Subject to paragraph 5.a., the Organiser shall not be liable to the Stall Holder, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms and Conditions for: 

 

i. loss of profits; 

 

ii. loss of sales or business; 

 

iii. loss of agreements or contracts; 

 

iv. loss of anticipated savings; 

 

v. loss or damage to goodwill; 

 

vi. any indirect or consequential loss; and 

 

vii. any amounts which are recovered or recoverable by the Stall Holder from its insurers (or amounts which would have been recoverable but for the Stall Holder’s breach of paragraph 6. of these Terms and Conditions). 

 

c. Subject to paragraphs 5.a and 5.b of these Terms and Conditions, the Organiser’s total liability to the Stall Holder, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms and Conditions shall not exceed: 

 

i. in respect of damage to, or loss or theft of the property of the Stall Holder which is caused by a sub-contractor appointed by the Organiser in connection with this agreement, the amount recovered by the Organiser, pursuant to paragraph 5.f, from the sub-contractor which caused the damage; and 

 

ii. for all other losses or damages which do not fall within paragraph 5.b of these Terms and Conditions, the total Stall Fees paid pursuant to paragraph 3.b.

 

d. The Organiser shall not in any event be held responsible for any restriction or conditions which prevent the construction, erection, completion, alteration or dismantling of stalls or the entry, siting or removal of stalls, or for failure of any services or amenities provided or contracted to be provided by the venue owner or other third parties. 

 

e. The Organiser shall not be liable in respect of: 

 

i. any contract entered into between the Stall Holder and either any official contractor appointed by the Organiser or any contractor appointed by the Stall Holder (who may only be appointed with the Organiser’s prior written consent), for the negligence, act or omission or default of any such contractor, its employees, contractors, or agents; and/or

 

ii. for any negligence, act or omission or default of any contractor or its contractors, employees or agents appointed by the venue owner. 

 

f. In the event of damage to the property of the Stall Holder which is caused by a sub-contractor appointed by the Organiser, the Organiser shall: 

 

i. use reasonable endeavours, subject to any exclusions or limitations which may exist in an agreement between the Organiser and the relevant sub-contractor, to recover, or to assist the Stall Holder with the recovery of, the Stall Holder’s losses from the relevant sub-contractor; and 

 

ii. not be obliged to pay any monies to the Stall Holder, until the Organiser has received the same from the relevant sub-contractor.

 

g. The Organiser shall not be liable for damage, loss or theft of any artwork or other equipment belonging to any Stall Holder or third party by any person other than the Organiser and/or any sub-contractor of the Organiser. 

 

h. The Stall Holder is solely responsible for all property, artwork, and articles of any kind which are brought into or kept at the Open Art Market by the Stall Holder or on its behalf. Subject to paragraph 5.a, the Organiser shall not be liable for any damage or theft to or of any property, artwork, stalls, or any other ancillary items of the Stall Holder or that of any of the Stall Holder’s employees, contractors or other guests or invitees to the Open Art Market (“Stall Holder Property”) (except to the extent that such damage or theft arises from the negligence of the Organiser).

 

6.    Insurance

 

a. Stall Holders shall make sure that they are fully covered by insurance including, but not limited to:

 

i. all risks on Stall Holder Property, employers’ liability at a level required by applicable law;

 

ii. a minimum of £5,000,000 in public liability insurance, and

 

iii. comprehensive protection against any loss or damage caused by any circumstance whatsoever including without limitation by reason of fire, water, theft, accident or any other cause. 

 

b. Such insurance shall cover any losses covered by the indemnity in paragraph 7. to the fullest extent reasonably possible. If the Organiser so demand the Stall Holder shall provide proof to the Organiser that the Stall Holder has adequate insurance cover. In addition, Stall Holders may wish to take insurance for losses and wasted expenditure in the event of the Open Art Market being cancelled, abandoned or curtailed. Stall Holders who employ temporary staff, retain workers and/or use staff of their agents or contractors shall at all times have in force employers’ liability insurance meeting statutory requirements. The period for which such insurance shall be maintained shall run from the time the Stall Holder or any of his employees, agents or contractors first enters the venue of the Open Art Market and shall continue until the Stall Holder and all such employees, agents or contractors have vacated the venue of the Open Art Market, and all Stall Holder Property has been properly removed. 

 

7.    Indemnity

 

The Stall Holder shall fully indemnify and keep indemnified the Organiser, its employees, contractors, and agents (each an indemnified party) against all costs, claims, demands, proceedings, and losses whatsoever made against or incurred by an indemnified party as a result of the Stall Holder, or its employees, contractors, or agents exhibiting, displaying, advertising, promoting, selling or supplying any goods or services at the Open Art Market, including without limitation in respect of any claim for damage, injury, accident or loss arising to any person (including members of the public or an indemnified party) or property as a result of any act or omission of the Stall Holder or any of their employees, agents, contractors or invitees and any claim for infringement of the intellectual property rights of any person by the Stall Holder or by the Organiser resulting from the Organiser’s exercise of its rights and obligations hereunder using intellectual property rights licensed to it by or on behalf of the Stall Holder. 

 

8.    Relocation 

 

The Stall Holder’s name being allocated to any particular part of any Open Art Market or stand number will not constitute any agreement, warranty, or representation by the Organiser that the Stall Holder is entitled to exhibit at the Open Art Market in such particular location and the Organiser reserve the right without being required to give notice to the Stall Holder to alter the layout of the Open Art Market floor plan or the position of any stall at any time. 

 

9.    Assignment 

 

a. Save for the circumstances contemplated by paragraph 9.b, the Stall Holder shall not be entitled to assign, sublet, or grant licences in respect of the whole or any part of the space allocated to them, or assign or otherwise deal with their rights and obligations under these Terms and Conditions. 

 

b. Should a Stall Holder wish to book half a stall, in the sole discretion of the Organiser this may be permitted only in the circumstances where their desire to do so is indicated on their application form and where the Organiser has given its consent in writing to such an arrangement. 

 

10.  Conduct 

 

If, in the sole and absolute discretion of the Organiser, the Organiser considers that a Stall Holder is behaving or has behaved unprofessionally, or is abusive towards any attendee of an Open Art Market, any Open Art Spaces staff member, or any contractor or sub-contractor appointed by Open Art Spaces, the Organiser reserves the right to eject such Stall Holder from the Open Art Market without providing them with a refund of any fees paid.  

 

11.  Changes to Terms

 

The Organiser reserves the right to amend these Terms and Conditions from time to time. Stall Holders and other participants in the Open Art Market will be notified of any significant changes via email and the amended Terms and Conditions will be binding on the Stall Holder 48 hours after such notification unless the Stall Holder has objected to the amended Terms and Conditions in writing specifying any provision to which it objects. In the event of an objection in compliance with this clause 11, the Organiser may in its sole and absolute discretion elect to terminate the agreement constituted by these Terms and Conditions and refund any Stall Fee paid. 

 

12.  Acceptance of Terms

 

By applying for a stall at the Open Art Market, artists confirm that they have read, understood, and agreed to these Terms and Conditions and the Market Information Pack provided to them.

 

13.  Spotlight Post

 

a. By booking and paying for a spotlight post on Open Art Spaces’ Instagram account (the “Spotlight Post”), you agree to the following: 
 

i. Your work will be featured in a carousel-style Instagram post on the Open Art Spaces grid.

 

ii. The post will be part of a round-up of artists selling at the upcoming market.

 

iii. You acknowledge that the artwork will appear on the Spotlight Post alongside artwork submitted by other artists. The placement and positioning of the artwork in the Spotlight Post, and the duration for which the artwork appears on the reel is at the sole discretion of Open Art Spaces. 

 

b. You must provide at least one high-quality image of your artwork via the submission form.

 

c. Images must be your own and free from copyright restrictions.

 

d. By submitting an image or artwork to be featured in the Spotlight Post, you are deemed to be making the warranty contained in paragraph 14.a. in respect of any images or artwork submitted. 

 

e. Open Art Spaces reserves the right to refuse any image that is low-quality, inappropriate, or unsuitable for Instagram.
 

f. If your images are not suitable, we will notify you, and you may not be featured.

 

g. Refunds will not be issued for late or poor-quality submissions.

 

h. Spotlight Posts will go live within the promotional window leading up to the event. Your post will be published at least 24 hours before the Open Art Market date.

 

i. Spotlight Posts will remain visible on our Instagram grid for a minimum of 1 week after the Open Art Market date.

 

j. Payment for the Spotlight Post must be made in full at the time of stall booking confirmation.

 

k. Spotlight Post fees are non-refundable, including in cases where:

 

i. You do not provide suitable images on time.

 

ii. You cancel your participation in the market.

 

iii. Unforeseen circumstances prevent your feature from being published.

 

14.  Intellectual Property

 

a. By submitting images and artwork (the “Work”), you warrant that you hold all intellectual property rights in the Work and that you have obtained any third party consents required for the use of third party material incorporated into the Work. The Organiser reserve the right to cancel your spot without a refund if we believe that your products do not comply with this paragraph 14.a. 

 

b. Only handmade or original Works are permitted, and any mass-produced items are not allowed. On or before the day of an Open Art Market or activation, the Organiser reserves the right to refuse the entry of any artist or Stall Holder to the Open Art Market who has dishonestly presented the Work of (an)other artist(s) as their own in their application form. 

 

c. By submitting a Work, you agree to indemnify Open Art Spaces against any claims brought by third parties in respect of the infringement of their intellectual property rights in the Works submitted by you. 

 

d. By submitting a Work, you consent to Open Art Spaces, and/or any other third party permitted by Open Art Spaces: 

 

i. 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 social media post; 

 

ii. filming, broadcasting and/or reproducing the whole or any part of the Work for archival, educational, publicity and marketing (including without limitation on the Open Art Spaces website, Open Art Market posters, leaflets, private view cards, postcards and all forms of social media), press, signage, gallery guide and for any catalogue purposes; 

 

iii. rephotographing the Work, if required, for the uses outlined in paragraph 6.d.ii.; and 

 

iv. reproducing the whole or any part of the image(s) which you have supplied to Open Art Spaces for the purposes set out above. 

 

e. The consent set out in paragraph 14.d. 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. 

 

f. 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 Work(s)) for personal and non-commercial use during the Open Art Market. Open Art Spaces 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 you to defend your intellectual property rights in the Work and any other applicable rights. 

 

g. You may not use the Open Art Spaces logo and/or registered trade marks (whether registered in the UK or elsewhere), for any reason including but not limited to advertising your own work, without the prior written approval of Open Art Spaces. 

 

15.  Limitations

 

a. Open Art Spaces does not guarantee sales or specific audience engagement as a result of the Spotlight Post.

 

b. Posts will remain on the grid as stated, but Open Art Spaces reserves the right to remove or archive content if necessary.

 

c. All sales are final. If you purchase something from the Open Art Market that you're not happy with, please communicate with the seller directly. The Organiser do not make any warranty as to the quality of any of the products sold.

 

d. By participating in our events, you consent to us taking photos and videos to share on our channels. Please speak to a member of the Open Art Spaces team if you would like to opt-out or have a photo removed.

 

e. Should you attend a ticketed workshop organised by the Open Art Spaces (the “Event”), the following terms and conditions will apply: 

 

i. Nobody will be allowed admission to any Event without a valid ticket. 

 

ii. All tickets or passes should be checked when purchased, as mistakes cannot always be rectified.

 

iii. Tickets cannot be exchanged or refunded after purchase. 

 

iv. If you are unable to attend the Event because of circumstances which are unforeseen and/or beyond your control, the Organiser may in its sole discretion agree to transfer your ticket to a future event. Please note that no refund will be available to you in such circumstances. 

 

v. Tickets cannot be resold for commercial gain. If we have reason to believe that tickets have been re-sold, they will be invalidated, and the holder will be refused admission.

 

vi. The Organiser does not accept any responsibility for any loss or damage to personal property brought to the Event.

 

vii. The Organiser reserves the right to alter or vary the content or timing of any part of the Event in circumstances beyond its reasonable control without any obligation to make any refunds or exchange tickets. If any of the workshop instructors for an Event can no longer attend such Event for reasons outside of the Organiser’s control, the Organiser shall use reasonable endeavours to ensure that the overall nature and purpose of such Event are not materially changed and, if reasonably practicable, replace any unavailable talent with a suitable alternative as determined by the Organiser. For the avoidance of doubt, the Organiser will not be required to refund or exchange tickets in such circumstances.

 

16.  Severance 

 

a. If a provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected. If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention. 

 

17.  Variation & Waiver 

 

a. No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorized representatives). 

 

b. The failure of the Organiser at any time to enforce any provision of these Terms and Conditions or any other rules notified to the relevant parties from time to time shall not affect their right thereafter to require complete performance by the Stall Holder nor shall the waiver of any breach of any such provision be taken as or held to be a waiver of any subsequent breach or be a waiver of the provision itself. 

 

18. Entire Agreement 

 

a. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 

 

19. Governing Law & Jurisdiction 

 

a. These Terms and Conditions and any 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 and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. 

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PART B: FOR VISITORS/ATTENDEES

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1. All ticket sales are final and non-refundable. Tickets are non-transferable either between people or between Open Art Markets. Tickets purchased from third parties (being anyone other than Open Art Spaces are invalid and you may be declined entry to the relevant Open Art Market. 

 

2. All sales of artworks and other goods from Stall Holders are governed by the terms of business of the relevant Stall Holder. In the event that the Stall Holder does not provide you with terms of business, all purchases of artworks and other goods from any stall holder are final. If you purchase something from the Open Art Market that you're not happy with, please communicate with the Stall Holder directly. The Organiser is not responsible for any products sold.

 

3. By participating in our Open Art Markets, you consent to us taking photos and videos to share on our channels. Please talk to us if you would like to opt-out or have a photo removed.

 

4. We reserve the right to ask any person behaving inappropriately or disrespectfully towards us, Stall Holders, or other customers to leave the Open Art Market. 

 

5. Clauses 15 to 19 (inclusive) above apply to purchases of tickets and attendance at Open Art Markets.