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Art of Oregon
Agreement

Art of Oregon Agreement

April 1, 2008

World Boutique, DBA Art of Oregon, located in West Linn, Oregon (AoO) and Artist, residing in Oregon, agree to the following:

1. DEFINITIONS AND ARTICLES OF THE AGREEMENT

  • 1.1 This Agreement between AoO and the Artist includes all Artworks that have been electronically transmitted into the electronic administration of AoO by the Artist.
  • 1.2 The Artist declares to be the creator and owner of the offered Artworks and agrees to accept all obligations mentioned in this Agreement.
  • 1.3 The presence of the Artwork in the electronic administration of AoO is proof that the Artwork has been submitted to AoO, unless proven otherwise.  Both AoO and the Artist accept that electronic communication, can be used as proof.
  • 1.4 For reasons of safety and privacy, all Artists will receive their own account for electronic communication. This account is only accessible by AoO and the Artists and guarded by a password which the Artist needs to keep private and safe from third parties.
  • 1.5 Artwork can be added and deleted from this Agreement.  Information about the Artwork can be changed through the account of the Artist.
  • 1.6 AoO has the right to make changes to this agreement at any time. Changes to the contract will nullify all previous agreements.
  • 1.7 All entities which AoO comes to a Sales Agreement with, for an Artwork from an Artist, will be further named in this Agreement as 'Customer'.

2. OBLIGATIONS ART of OREGON

  • 2.1 AoO promotes Artwork from the Artist, by displaying a small image and description of the Art on the AoO website, after the Artist chooses and pays for a Portfolio Plan.
  • 2.2 AoO will offer the Artwork by the Artist 'for display' or 'for sale' to Customers and will take care of the Sales Agreement on behalf of the Artist and the Customer.
  • 2.3 When an Artwork has been sold, the carrier of the Art will be responsible/liable for any damage to the Art and the Artwork will be properly insured during transportation, unless damage was the result of improper packaging, which is the responsibility of the Artist.

3. OBLIGATIONS ARTIST

  • 3.1 The Artist gives AoO the right to display the Original Artwork or Giclee print (from the original Artwork) on their website and use for promotional materials for the duration of the Agreement.  For this, no compensation will be given to the Artist.
  • 3.2 The Artist agrees that AoO has the right to sell the Artwork which the Artist submitted to the website as 'for sale' and agrees that AoO will finalize the Sales Agreement on behalf of the Artist and the Customer.
  • 3.3 The Artist will have the Artwork available for sale, under the conditions set forth in articles 6.2 and 6.3.
  • 3.4 The Artist will have all Artwork in good condition and inspected for any mistakes or damage, before shipment to the Customer. The Artist will offer the Artwork ready for installation.
  • 3.5 The Artist will guarantee the Artwork sold and handle any complaints from the Customer that may arise. This will include any copyright issues that may arise (including any complaints from the copyright holder). The Artist will indemnify AoO for any claims the Customer or other third parties might have, coming forth from the sale that AoO arranged on behalf of the Artist and the Customer.
  • 3.6 When the Artist offers commission pieces through AoO and a sale results from this, the Artist will pay AoO 25% of the final sales price as a 'finders fee' (for bringing Artist and Customer together).

  • 3.7 Artists will not contact the Customers of AoO to finalize a sale of Artwork when contact has been made between the Customer and AoO.

  • 3.8 If the Customer contacts the Artist directly for the sale of an Artwork displayed on the AoO website, the Artist must honor the commission fee, agreed upon through the portfolio plan.

  • 3.9 When the Artists sells an Original Artwork or a Limited Edition (numbered) Giclee Print, displayed on the AoO website, personally, without any involvement of AoO, to a third party, no commission is required.

    The Artist needs to be able to inform AoO immediately of the sale so it can be removed from the site, to avoid conflict in sales. If the Artist can not notify AoO of the sale immediately, as is sometimes the case when Art is sold through an artshow, the Artist is advised to remove the Art from their online gallery before the artshow starts. Any avoidable conflict that arises from a personal sale with an AoO sale will result in a first time penalty of $50 and a closing of account for a second offense.

4. AGREEMENT WITH THE CUSTOMERS of AoO

  • 4.1 AoO facilitates the purchase of Artwork from the Artist by the Customer.
  • 4.2 The Sales Agreement will be handled by AoO and the Sales Agreement transfers the ownership of the Artwork from the Artist to the Customer.
  • 4.3 The sales price will be the price entered by the Artist in the electronic administration of AoO and displayed on the AoO website.
  • 4.4 The shipping cost are set by the artist and payable by the customer. Pick up of the art might be available upon request.

5. PAYMENTS TO THE ARTIST

  • 5.1 Upon the final sale of an Artwork, AoO will make payment to the Artist in the amount of the sales price as entered into the AoO electronic administration by the Artist, minus a commission agreed upon through the chosen portfolio plan.  In the event a Customer cancels an order, no payment to the Artist is required.
  • 5.2 AoO will pay the Artist within 15 days after the return date of the Artwork for the Customer has passed. AoO makes payments to the Artists on the 1st and the 16th of each month.

6. OWNERSHIP, AVAILABILITY AND DELIVERY READY ARTWORK

  • 6.1 All Artwork remains in the ownership of the Artist, during the Agreement. Only in case of a Sales Agreement between AoO and a Customer, will ownership of the Artwork pass to the Customer.
  • 6.2 Artwork entered into the electronic administration and under this Agreement between AoO and the Artist, has to be available at all times. This means that the Artwork, after the Artist receives notification from AoO, has to be ready for pick up/delivery within 2-7 days for shipment to the Customer. If more time is needed, up to 21 days can be allowed. This information will need to be displayed clearly, in the description of each artwork. Upon accepting this Agreement, the Artist understands the importance of having the Artwork readily available and that this is essential to the Customer service offered to the Customer by AoO. The Artist will accept responsibility in case an Artwork is not readily available and agrees to compensate AoO for its inconvenience with a payment of $50 in every case this occurs.
  • 6.3 The Artist is totally responsible for adequate packaging of the Artwork for the transportation/delivery to the Customer. In case of damage to the Artwork, because of inadequate packaging, the Artist (possibly together with the carrier) will be responsible for any claims.

7. DURATION AND DISSOLVEMENT OF THIS AGREEMENT

  • 7.1 This Agreement is for an unlimited time and can be dissolved by either party at any time. Notice of dissolving the agreement must be given by mail or email. Any ongoing transactions need to be completed before dissolving and the rules/obligations of this Agreement will be enforced until completion.
  • 7.2 In case the Artist does not fulfill his obligations to this Agreement, even in the case that AoO has given the Artist additional time to fulfill his obligations, then AoO has the right to dissolve this Agreement and use the right of Law, after having notified the Artist by mail.

8. RIGHT OF LAW

  • 8.1 If a dispute arises from this Agreement, or any other dispute involving Art of Oregon or its employees, it will be submitted to mediation, then arbitration in Portland, Oregon or through the legal remedy in Portland, Oregon.