SJCAS@HOME 2020/ Virtual Contract
Updated as of September 1, 2020
The St. James Court Art Show is produced by a consortium of 5 neighborhood groups and a church. Each section is responsible for its own exhibit space/exhibitors, which total approximately 600 artists. As a juried and invited artist to the 2020 St. James Court Art Show you are automatically eligible to participate in the virtual SJCAS@HOME 2020 art show. Participation is optional. There are no additional fees to participate in the virtual art show.
Submission of this application signifies your understanding and acceptance of, and agreement to abide by the rules of participation and general policies of the St James Court Art Show 2020/Virtual art show. You may download or print a full legal agreement pertaining to The St. James Court Art Show off our website.
SJCAS@HOME 2020 /Virtual Art Show Contract
The undersigned artist (“ARTIST”) agrees with the St. James Court Art Show, Inc. (SJCAS),
a Kentucky nonprofit corporation, that he/she will participate in the SJCAS@HOME 2020 virtual art show upon the following terms and conditions.
Artist 1. _____________________________________________________
Artist 2. _______________________________________________________
(As name appears on Zapplication application)
1) The ARTIST agrees that their virtual booth created on EVENTENY will contain only the artwork submitted and juried by the St. James Court Section, the Belgravia Court Section, Fourth Street Section, 3rd Street Section, 1300 Association Section and the West End Baptist Church Section. The SJCAS@HOME virtual St. James Court Art Show 2020 will be juried.
2) The ARTIST agrees that all work MUST be original and of exhibitor’s own crafting;
i) NO BUY/RESELL; Commercial or imported items. Items made from kits or green ware, or mass-produced items are NOT accepted. Any person exhibiting arts/crafts that have any resemblance to such items are subject to immediate dismissal from the show.
ii) Prints and mechanical offset reproductions (e.g., calendars, note cards, stationery) are allowed, but intent to display them must be clearly stated on the application. Prints must be properly signed and numbered, and prints/reproductions may not comprise more than 25% of the display. (This restriction is not applicable to artwork produced via traditional printmaking techniques (e.g., serigraphy, etching, lithography, etc.).
3) The ARTIST will hold harmless SJCAS, its parent company, subsidiaries, and affiliates from and against all claims for liability, damages, illness, personal injury, death and/or property damage arising out of this agreement and ARTIST’S booth space and exhibit display.
4) The ARTIST shall be an independent contractor in performing pursuant to this agreement, and ARTIST shall not be an agent, servant or employee of the SJCAS.
5) It is understood that the ARTIST is solely responsible for payment of any and all KY sales or occupational taxes due to the Commonwealth of Kentucky or the City of Louisville. ARTIST’S name and address will be forwarded to said parties upon their request.
6) This Agreement contains the entire agreement between the parties. No modification or amendment hereof shall be of any effect unless made in writing by both parties. This Agreement shall be governed by the laws of the Commonwealth of Kentucky, without giving effect to the principles of conflicts of laws. All claims, disputes and other matters in question arising out of or related to this agreement, or the breach thereof, will be decided by proceedings instituted and litigated in a court of competent jurisdiction sitting in Jefferson County, Kentucky. The prevailing party to any such action will be entitled to an award of its reasonable attorney’s fees and costs. The parties shall take such further action and execute such further documents as may be necessary to carry out the intent hereof.
7) It is understood that any policies, procedures or instructions that have been sent to the ARTIST of The St. James Court Art Show®/Virtual or included in the Application on Eventeny are incorporated herein by reference and are considered a part of this agreement.
8) It is understood that if any provision in this contract is violated by the ARTIST, the Executive Director can eject the ARTIST from the SJCAS@HOME 2020_virtual art show. The decision of the Executive Director is final.
9) St. James Court Association, Inc. (“St. James”) is the owner of all common law and registration rights, title and interest in and to the trademark/ service Mark St. James Court Art Show, in “word only” and design form, and the related trademark registration with the United States Patent & Trademark Office, that being U.S. Trademark Registration No. 3,425,433 for the Mark (the “Mark”). St. James hereby grants Artist a limited and non-exclusive right and license to use the Mark solely upon and in connection with the Artist’s participation in the 2020 St. James Court Art Show/Virtual. The Artist will use the Registration Symbol “®” in connection with the Mark. The Artist agrees that it will not do anything that will impair the rights of St. James in the Mark, nor will it use the Mark in any manner which may adversely affect use of St. James’ rights in or its ownership of the Mark. ARTIST acknowledges that all goodwill arising out of its use of the Mark shall ensure to St. James. ARTIST agrees and acknowledges that St. James controls the nature and quality of all uses of the Mark. Further, ARTIST agrees to provide St. James with samples of ARTIST’S use of the Mark upon St. James’ reasonable request to ensure that ARTIST’S use of the Mark is in compliance with St. James’ trademark/service Mark standards and guidelines. Artist will promptly notify St. James of any possible infringement of the Mark which comes to the attention of the Artist.
10) St. James joins in this Agreement for the sole purpose of granting to the ARTIST the limited and non-exclusive license to use the Mark as set forth in paragraph 8 above.
