Vargas Organisation, London assists artists with project management and relations with galleries and institutions.
When an artist refers to 'terms and conditions' with a link to this web page, the following are the terms and conditions proposed. Specifics such as fees, dates etc. will be part of the agreement made with the artist directly or on behalf of the artist by Vargas Organisation, London. Other modifications may be agreed with reference to the following general terms. Additional terms and conditions may be specified.
An oral or a written agreement constitutes a contract. These statements are meant to facilitate the written confirmation of oral agreements and the negotiation of agreements in writing. They are meant to help with communication and are not meant to be a comprehensive legal statement or affect anyone's statutory rights.
It would be best, but not absolutely necessary, to complete this agreement, print and sign (or affirm and save) a copy for reference. In any case, you must state whether you agree to the terms and conditions of the agreement proposed here and be sure that all the specific arrangements of any cooperation are understood by all.
Last modified 22/08/2013
1 Exhibitions Screenings Performances
The term exhibition below includes screenings, performances and any event or publication where the work is shown.
1.1 Exhibition fee
A fee for the exhibition must be agreed and paid in advance. The fee is for one-time permission to exhibit the work; provision of installation instructions; and provision of publicity, catalogue and background information. If the artist agrees to exhibit the work without payment, then the fee agreed is zero, and all the following conditions nonetheless apply.
1.2 Value of the work
The value of the work for the purposes of compensation in case of loss or damage must be agreed in advance. The value of the work may include technical equipment or any item associated with the work that is entrusted to the exhibitor.
1.3 Delivery of the work
The work will be delivered in durable protective packaging.
1.4 Acknowledgement of receipt
Receipt of the work in good condition must be acknowledged in writing without delay and any problems reported immediately.
1.5 Installation of the work
Installation instructions will be provided. Installation instructions say how the work should be presented, for example, how the work may be shown in relation to other works, or in relation to architecture, and may include specific projection, lighting or security arrangements. Any adaptations of the installation instructions must be approved by the artist before the exhibition opening. The same applies to instructions or design specifications provided for publications. Any adaptation must be approved by the artist before publication.
1.6 Protection of the work
The exhibitor is responsible for the care of the work, after it is delivered, during the exhibition, in storage and in transit, until it is returned to the artist. The work must be protected from dust, moisture, excessive exposure to light, impact, vandalism and all other hazards.
1.7 Presentation of the work
The exhibitor is responsible for the presentation of the work and has a duty to ensure the installation is correct and correctly maintained during the exhibition and at all times when the exhibition is open to the public. The work must be properly lit, correctly labelled and if the installation includes any mechanical, electrical, electronic or optical equipment, maintained in working order, e.g., projectors must be correctly adjusted and focused, screens cleaned, lamps replaced promptly if they fail etc.
1.8 Ownership of the work
Unless otherwise stated, regardless of any expenses paid by the exhibitor towards the production or installation of the work, the work is the property of the artist.
1.9 Return of the work
The work must be returned to the artist, or forwarded, in good condition, in durable protective packaging and received within 14 days of the exhibition closing.
1.10 General documentation
The exhibitor must give the artist copies of all publications associated with the exhibition within 14 days of publication and documentary photographs of the exhibition or event within 14 days of the photographs being taken.
1.11 Documentation of performances
The artist requires a complete archive of ALL the data (audio, video or photo) recorded during the performance. That means: a copy of all the photos, video and audio in the original formats used for recording, without any selection, editing or post-processing. For example, if the camera records 'raw' images, they should be provided in that format and not JPEG or other conversions; if the video recorded is on tape, a copy of the tape, or a copy of the original DV data and not compressed formats such as MPEG. All data must be received within 14 days of the performance. The copyright of all the photos, video and audio recorded during the performance is to be assigned to the artist. All photographers etc. must be advised in advance of this condition. No image, video or audio of the performance may be released to the press, distributed online or reproduced in any way without written permission from the artist.
2.1 Talk fee
A fee for the lecture, participation in a discussion or interview must be agreed and paid in advance. The fee is for preparing and giving the talk and provision of publicity and background information. If the artist agrees to talk without payment, then the fee agreed is zero, and all the following conditions nonetheless apply.
2.2 Documentation of talks
The talk may be recorded for archival or study purposes and, if recorded, a copy must be provided on request.
2.3 Publication of talks
Any broadcast or publication of the talk must be agreed in advance of the broadcast or publication. All transcripts, translations and audio/video edits must be approved before publication.
3 Publicity and publications
The following applies to information, texts and images published in exhibitions, catalogues, magazines, books and publicity materials, in print or electronically. See above, 1.1.
3.1 Publication schedule
The schedule including dates for submission, proof-checking, and publication must be agreed in advance.
3.2 Technical data
All technical information requested must be provided promptly, completely and unambiguously. Image dimensions shall be in mm, image resolution in ppi, text length in words or characters including spaces. Colour specifications must be accompanied by ICC profiles. PDF specifications must be complete.
3.3 Integrity of information
Catalogue information such as titles, materials, dimensions may not be altered. Background information provided may be adapted or augmented. A draft of all texts to be published must be approved by the artist before publication. The aim of this condition is not to inhibit comment but to be sure there are no textual or factual errors. All translations must be approved by the artist before publication. If necessary, English or German translations can be provided.
3.4 Integrity of images
Images may not be cropped or altered in any way apart from being translated into the correct colour space for printing. Specifications provided for the arrangement or presentation of images must be followed precisely.
3.5 Images for press use
Images provided by the artist or by Vargas Organisation, London on behalf of the artist, may be distributed to the press only with permission, and only if the relevant credits and captions are correctly supplied.
The copyright of all images supplied belongs to the artist. A copyright notice must be included with any images supplied to third parties and displayed with the publication where appropriate.
4 Sending data
The following applies to transmission of data to the artist, and from or for the artist.
4.1 Electronic transmission
Data is normally delivered by email, via HTTP or FTP. Contact email@example.com for an FTP account for uploading data.
4.2 Physical transmission
Email, HTTP and FTP are not suitable for large amounts of data. Discs or other material must be sent by post or by courier with recorded delivery, i.e., signature on collection.
The originator of the data should keep a backup copy of all the data, in case of any problems transmitting the data by post or electronically.
5.1 Artist's expenses
A budget for the artist's expenses such as production, documentation, transport, travel and accommodation costs, must be agreed in advance.
5.2 Exhibitor's expenses
The exhibitor is responsible for all the costs of the exhibition or publication including artists' fees, venue costs, transport, insurance, publicity etc. No deductions may be made from the artist's fee unless specifically agreed in advance.
An account of expenses will be provided. An invoice for expenses up to the agreed amount will be presented. If any further documentation, such as original receipts, photocopies, print-outs, etc., is required, an administration fee is payable.
Administration fees apply to all additional office work, not covered by the fees and expenses specified above, such as design, technical support, duplicates, print-outs, reminders etc.: £47.50 per item or per half-hour
7 Consignment for sale
7.1 Sale or return
Consignment means: sale or return.
7.2 Ownership of the work
The artist is the owner of the work. The seller borrows the work for the purpose of offering it for sale, and earns a commission on the result of the sale. No payment by the seller towards the cost of producing or installing the work for exhibition, made to the artist or any third party, confers any right of ownership of the work on the seller. Regardless of any expenses paid by the seller for any reason, the work is the property of the artist.
7.3 Price and Commission
The asking price and seller's commission must be agreed before the work is consigned for sale. Until the asking price and seller's commission are agreed, no right to sell the work is granted. A range of price negotiability may also be agreed. If none is agreed, none is granted.
7.4 Compensation value
Unless a different amount is agreed, the amount payable in compensation for loss or damage to the work is the asking price, minus any discounts allowed by the agreed range of price negotiability, then minus the seller's commission.
7.5 Amount due
The amount due following sale of the work is the amount realised (excluding any sales tax collected by the seller), minus any allowed expenses, then minus the agreed seller's commission. The seller's allowed expenses must be deducted before the commission is applied.
The seller must notify the artist of the sale and pay the artist the amount due within 14 days of receiving payment from the buyer.
7.7 Care of the work
The seller must be able to produce the work for inspection at any time at the artist's request. All the exhibitor's responsibilities apply as described above (1).
7.8 Return of the work
The seller must return the work to the artist on request within 14 days, or if the work is part of a public exhibition, within 14 days of the exhibition closing.
If a fixed term is agreed for the consignment, the seller must return the work to the artist at the end of the fixed term, provided the artist has given at least 14 days' notice. If it is agreed in advance that the consignment is for the duration of an exhibition and the work will be returned when an exhibition closes, then no further notice is required and the works must be returned promptly.
7.10 Unsold work
The seller may return the unsold work to the artist at any time unless the work is part of a public exhibition, in which case the work must remain on view, as planned, until the end of the exhibition.
7.11 Cost of return
Unless agreed otherwise in advance, the seller pays the cost of returning the work.
7.12 Sales tax and duties
The seller is responsible for all tax liabilities associated with the sale, import or export of the work.
7.13 In case the work is not returned
If the unsold work is not returned within 14 days of request, or if the work is not returned in good condition, or if if at any time the work is lost or damaged, the amount payable in compensation for loss or damage to the work must be paid within 14 days. In the case of damage, unless it is completely destroyed, the remains of the work must be returned to the artist at the same time.
7.14 Artist's expenses
Compensation for the seller's contribution to the artist's production expenses must be agreed in advance. Only allowed expenses agreed in advance may be deducted from the amount realised, before the seller's commission is applied. Only production expenses are allowed. If no compensation for the seller's contribution to the artist's production expenses is agreed in advance, none may be deducted from the amount realised.
7.15 Seller's expenses
The seller may not claim from the artist any overhead or marketing costs, or any costs such as mounting or framing associated with presenting the work for sale.
7.16 Seller's allowed expenses for unsold works
If the work is returned unsold, the artist must pay the seller the agreed contribution to production expenses, or the agreed proportion of the allowed expenses, within 14 days.
7.17 Seller's allowed expenses for lost works
If the work is lost or damaged, no expenses may be deducted from the amount payable in compensation for loss or damage to the work.
8.1 Payment due on presentation of an invoice must be received within 14 days.
8.2 Payment(s) must be received on or before the agreed date(s).
8.3 Payment in advance means no later than the day of the event, or the day the art work is delivered for exhibition.
8.4 Payment is by electronic funds transfer or in cash. Cheques are not accepted.
8.5 Payment on the day of the event or the day of delivery must be in cash.