ART NOW FAIR
CHICAGO, April 8-10, 2022 at Morgan Arts Complex
3622 South Morgan, Chicago IL 60609
EXHIBITOR AGREEMENT and CONDITIONS OF PARTICIPATION
This agreement (the “Agreement”), effective as of the last date either party executes this agreement below, is between the ART NOW FAIR, (“ART NOW FAIR” or “ART NOW” or “we” or “us” or “our”), the organizer and producer of ART NOW FAIR, and Exhibitor.
I. Obligations by ART NOW FAIR
1. Exhibition Booth
Exhibitor shall receive use of an exhibition booth at ART NOW FAIR as selected:
Please select booth size, there is no application fee.
2. Invitations
Exhibitor shall receive up to 5 Exhibitor badges for staff, provided that Exhibitor shall provide ART NOW FAIR with proof that each of Exhibitor’s staff members have been fully vaccinated with the Covid-19 vaccine authorized by the FDA (as described on the FDA’s website, https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines) and as required by the state of Illinois. Exhibitor shall receive complimentary VIP ART NOW FAIR passes. Each VIP pass allows passholder entry to ART NOW FAIR for duration of event.
3. Promotion
ART NOW FAIR will promote exhibitors through our website, promotional materials on-site, in e-blasts, newsletters, social media and advertising. ART NOW FAIR does not guarantee not that any specific exhibitor or artist will be featured in any specific promotion. ART NOW FAIR does not guarantee any sales of artwork during the fair resulting from such promotions. ART NOW FAIR takes no commission or fee from any sales made by an Exhibitor.
4. Support
ART NOW FAIR staff and volunteers will be on site to facilitate the operation of the fair. Exhibitor is required to comply with rules, regulations and advisories issued by staff during the fair in order to ensure a safe and successful fair. Failure to comply may result in loss of use of space and or ejection from the fair.
II. Obligations by EXHIBITOR
1. Promotion
Exhibitor will include promotion of its participation in ART NOW FAIR in appropriate digital platforms, including newsletter, e-blast, and relevant social media campaigns, and shall announce such participation to their client lists.
ART NOW FAIR logo inclusion are permitted in above e-blast or other digital communications.
2. Conditions of Participation
i. Deposit. Within 7 days of the date both parties execute this agreement, Exhibitor shall pay a deposit of Five Hundred and no/00 dollars ($500.00) upon acceptance.
ii. Booth Cost. Exhibitor shall pay to ART NOW FAIR the amount due for the exhibition booth as set forth in Paragraph 1 above by the end of business on March 15, 2022, plus the cost of any additional booth enhancements made at Exhibitor’s request and agreed upon by ART NOW FAIR, such as additional walls and lights over allotted allocation. Please note that Morgan Arts Complex is a columned venue.
iii. The above payments shall be made by either check made payable to “ART NOW FAIR”, ZELLE or credit card payment with a 3% surcharge on all credit card payments. Please contact us for ZELLE or credit card payment particulars.
iv. If Exhibitor withdraws from participation in ART NOW FAIR at any time after March 1, 2022, no refunds or reimbursements will be given. Notice of withdrawal must be sent in writing, either by email to [email protected] , with corresponding email confirmation of receipt by us, or by written notice sent overnight express courier.
v. Exhibitor is responsible for the delivery of their artwork to the fair as well as the removal, pick up and all handling of their materials. Installation is required by 4/7/22 and removal is required by 4/11/22. Specific hours and logistical information will be provided in the exhibitor’s manual which will be sent in February.
vi. In the event that an Exhibitor fails to de-install and remove artwork by the deadline provided in Paragraph II.2.v above, ART NOW FAIR will retain a shipper of its choice at the exhibitors expense, to package the art works and transport all remaining artwork to the shipper’s own warehouse for storage until such time as they are retrieved by the Exhibitor. Storage and retrieval of the artwork will be at Exhibitor’s own expense, and Exhibitor acknowledges that the expense of retrieving the art work may include (but not be limited to) the cost of packing, transporting, handling, storing, shipping the art work, as well as other fees imposed by the shipper. ART NOW FAIR shall assume no liability or responsibility for works of art retrieved, lost, damaged and retained by a shipper as described in this section.
vii. Exhibitor is responsible for the installation and display of their artwork, as well as any liability for loss, theft or damage.
viii. Exhibitor may not assign or sublet all or any of their space contracted without the prior written consent of ART NOW FAIR, which consent may be granted in our sole and absolute discretion.
ix. Exhibitor must keep exhibition space staffed and open during ART NOW FAIR hours. ART NOW FAIR Exhibitor badges must be worn by Exhibitor’s staff.
x. ART NOW FAIR does not guarantee specific booth assignment, stand configuration or square footage, and reserves the right to make changes in booth assignments at its sole discretion at all times. Any verbal agreements and all special arrangements must be confirmed in writing.
xi. No signs or banners extending beyond the limits of an Exhibitor’s booth space will be allowed unless approved and confirmed in advance and in writing by ART NOW FAIR.
xii. All Exhibitors are strictly accountable for the authenticity of the works of art, which are shown and sold at the FAIR. Should the authenticity of any work of art be placed in issue during the course of the exhibition, ART NOW FAIR reserves the right to have said work withdrawn from the FAIR unless the Exhibitor can furnish documentation that satisfies ART NOW FAIR as to the work’s provenance, such determination being made at ART NOW FAIR’s sole discretion. The Exhibitor shall indemnify and hold harmless ART NOW FAIR, and their respective affiliates, officers, directors, trustees, employees, and insurers (“ART NOW FAIR INDEMNITEES”) against any and all claims, demands, or causes of action made with regard to the authenticity of any work, whether sounding in contract or tort. The obligation to indemnify shall include a duty to defend the ART NOW FAIR INDEMNITEES against any such claims, including for the cost of such defense and or all attorneys’ fees.
xiii. Any Exhibitor presenting video or artwork that produces any type of noise that ART NOW FAIR, in its sole discretion, determines to be interfering with the ability of ART NOW FAIR or Exhibitors to conduct business will be asked to turn the volume on the media down or off, or to remove the media altogether.
xiv. Exhibitor acknowledges that ART NOW FAIR will film and document the event and Exhibitor agrees not to hinder, obstruct or interfere with such photography or video. Exhibitor and any of its artists whose works may be captured in that video or film image consent to the use of these video and/or film images by ART NOW FAIR or its agents for commercial purposes in marketing and advertising this and any future fairs.
xv. Exhibitor is solely responsible for compliance with ILLINOIS state sales tax requirements. Failure to comply may result in additional interest and penalty charges on all tax liabilities. It is Exhibitor’s responsibility to make the appropriate tax payments and filings. ART NOW FAIR bears no responsibility for the failure of Exhibitor to comply with ILLINOIS state sales tax requirements.
xvi. Exhibitor agrees and acknowledges that neither ART NOW FAIR nor its vendors or contractors maintain insurance covering the Exhibitor’s property or for Exhibitor’s employees, agents, independent contractors, volunteers or other associates, and that it is the sole responsibility of the Exhibitor to obtain such insurance. Exhibitor also understands that neither ART NOW FAIR nor its facility or contractors maintain insurance covering Exhibitor’s property, Exhibitor is solely responsible for obtaining and holding such insurance for all coverage. Exhibitor must evidence proof of insurance prior to move in.
xvii. Exhibitor is solely responsible for all personal liability and property damage or loss incurred to its persons or property by or from delivery, transit, move-in, duration of show, move-out and return delivery and transit. The Exhibitor waives any and all claims against ART NOW FAIR for injury to Exhibitor, its agents, servants, and/or employees while in the exhibition premises.
xviii. ART NOW FAIR may, in its sole discretion, cancel this Agreement and the parties hereto shall be released of all further obligations and liabilities each may have to the other, except that ART NOW FAIR reserves the right to retain any monies paid if such cancellation is for good cause, as liquidated damages. Further, if ART NOW FAIR is delayed or prevented from performing any of its obligations under this Agreement by reason of strike, weather, pandemic, act of God, labor troubles, governmental closures, emergency orders issued by health, fire or governmental agencies, or any cause whatsoever beyond ART NOW FAIR’s control, the period of such delay or such prevention shall be deemed added to the time herein provided for the performance of any such obligation by ART NOW FAIR. In the event of cancellation booth costs paid to ART NOW FAIR will be refunded to the Exhibitor, minus 6% for processing fees if done by credit card. The Exhibitor waives any and all claims and for any damage of any nature including damage to its business by reason of the failure to provide space for its exhibit or any failure to hold the exhibition as scheduled
xix. Exhibitor agrees to abide by the rules and regulations of venue operator, and shall be responsible for any damage caused by Exhibitor, its employees, staff or volunteers to the venue during the period of ART NOW FAIR, as deemed by venue.
xx. Security guard service is provided to prevent entry to the exhibition area by anyone not authorized by ART NOW FAIR. This security does not guarantee exhibitors against loss, theft, or other mischief and by no way implies an assumption of liability for loss, destructions, theft, or vandalism of any of the Exhibitor’s property or injury to any of the Exhibitors’ personnel, agents, or employees. This security shall not be construed as any guarantee or indemnification whatsoever to the Exhibitor against loss or theft or otherwise, nor does it imply an assumption of liability by ART NOW FAIR with respect to any and all of Exhibitors’ property. Exhibitor assumes all risks for transport, installation, and exhibition of art and personal property.
xxi. Exhibitor agrees to indemnify and hold harmless the ART NOW FAIR and venue, and its affiliates, officers, directors, employees, agents, and contractors, against all claims, losses, suits, damages, judgments, expenses, costs (including without limitation reasonable legal fees and amounts paid in settlement) and charges of every kind arising out of or relating to Exhibitor’s participation in or use of space or booth at ART NOW FAIR, including but not limited to claims for personal injuries, death or property damage or any other cause of action sustained by any persons caused by, arising out of, or related to Exhibitor’s exhibition at ART NOW FAIR.
xxii. Exhibitor acknowledges and agrees that ART NOW FAIR will not be responsible for the safety or well-being of any art, property, merchandise, or materials consigned to or in the ownership of any Exhibitor during the ART NOW FAIR dates, as well as during move-in and move-out, or for damage or loss incurred during shipping or transport of art, property or materials to and from the Fair. ART NOW FAIR shall not be responsible for loss or damage to displays or goods belonging to Exhibitor or consigned to Exhibitor or otherwise brought to ART NOW FAIR by or on behalf of Exhibitor, whether resulting from misuse, negligence, fire, storms, water, air conditioning or heating failure, theft, pilferage, mysterious disappearance, bomb threats or other causes. All such items are brought to ART NOW FAIR at the venue and displayed at Exhibitor’s own risk.
xxiii. Exhibitor agrees to be bound unconditionally by the ART NOW FAIR guidelines, rules and regulations. Violation of the rules can lead to Exhibitor expulsion without refund.
xiv. By execution of this Agreement, Exhibitor acknowledges and accepts these Conditions of Participation, including venue and date changes. The Exhibitor promises to abide by these Conditions of Participation contained in this Agreement and such further rules and regulations governing the terms of the FAIR as may be implemented by ART NOW FAIR at its sole discretion.
III.Miscellaneous
1. Upon acceptance by ART NOW FAIR and countersignature of this Agreement, a copy of this Agreement will be returned to the Exhibitor. This Agreement is not subject to cancellation or modification by Exhibitor after execution and countersignature, except by mutual written Agreement between the parties hereto. Refunds will be governed by Section II.2.iv of this Agreement.
2. This Agreement constitutes the entire agreement between parties. There are no other agreements, oral or written, other than contained herein. This Agreement may not be amended except in writing signed by both parties, which specifically references this Agreement.
3. In the event that any individual provision of this Agreement shall be deemed invalid by any court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
4. This Agreement is governed solely by the laws of the State of CT. Any and all litigation arising from this Agreement shall be litigated in the Superior Court of CT, and/or the U.S. District Court for the District of CT.
5. The parties have participated jointly in the negotiation and preparation of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties intend that each covenant, term and condition contained herein shall have independent significance. If any party has breached any covenant, term or condition contained herein in any respect, the fact that there exists another covenant, term or condition relating to the same subject matter (regardless of the relative levels of specificity) which the party has not breached shall not detract from or mitigate the fact that the party is in breach of the first covenant, term or condition.
6. This Agreement shall be binding only when accepted by ART NOW FAIR or its agents and representatives. It is subject to review and approval by ART NOW FAIR and therefore ART NOW FAIR reserves the right to reject any application for any reason. There exists no obligation by ART NOW FAIR to any applicant until a completely executed Agreement has been accepted by ART NOW FAIR.
7. Electronic or pdf signatures (by facsimile or email) shall be treated the same as original signatures or electronic agreement. The Agreement may be signed in counterparts and each fully executed counterpart shall be deemed an original if the application is sent via mail only. Any amendment of this agreement must be in writing countersigned by both parties.
8. The undersigned representatives executing this Agreement represent and warrant that they have the full authority to agree to its terms.
EXECUTED AS AN AGREEMENT:
Intending to be bound hereby, the parties confirm their agreement with the foregoing. On behalf of ART NOW FAIR, we look forward to this collaboration upon acceptance.
CHICAGO, April 8-10, 2022 at Morgan Arts Complex
3622 South Morgan, Chicago IL 60609
EXHIBITOR AGREEMENT and CONDITIONS OF PARTICIPATION
This agreement (the “Agreement”), effective as of the last date either party executes this agreement below, is between the ART NOW FAIR, (“ART NOW FAIR” or “ART NOW” or “we” or “us” or “our”), the organizer and producer of ART NOW FAIR, and Exhibitor.
I. Obligations by ART NOW FAIR
1. Exhibition Booth
Exhibitor shall receive use of an exhibition booth at ART NOW FAIR as selected:
Please select booth size, there is no application fee.
2. Invitations
Exhibitor shall receive up to 5 Exhibitor badges for staff, provided that Exhibitor shall provide ART NOW FAIR with proof that each of Exhibitor’s staff members have been fully vaccinated with the Covid-19 vaccine authorized by the FDA (as described on the FDA’s website, https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines) and as required by the state of Illinois. Exhibitor shall receive complimentary VIP ART NOW FAIR passes. Each VIP pass allows passholder entry to ART NOW FAIR for duration of event.
3. Promotion
ART NOW FAIR will promote exhibitors through our website, promotional materials on-site, in e-blasts, newsletters, social media and advertising. ART NOW FAIR does not guarantee not that any specific exhibitor or artist will be featured in any specific promotion. ART NOW FAIR does not guarantee any sales of artwork during the fair resulting from such promotions. ART NOW FAIR takes no commission or fee from any sales made by an Exhibitor.
4. Support
ART NOW FAIR staff and volunteers will be on site to facilitate the operation of the fair. Exhibitor is required to comply with rules, regulations and advisories issued by staff during the fair in order to ensure a safe and successful fair. Failure to comply may result in loss of use of space and or ejection from the fair.
II. Obligations by EXHIBITOR
1. Promotion
Exhibitor will include promotion of its participation in ART NOW FAIR in appropriate digital platforms, including newsletter, e-blast, and relevant social media campaigns, and shall announce such participation to their client lists.
ART NOW FAIR logo inclusion are permitted in above e-blast or other digital communications.
2. Conditions of Participation
i. Deposit. Within 7 days of the date both parties execute this agreement, Exhibitor shall pay a deposit of Five Hundred and no/00 dollars ($500.00) upon acceptance.
ii. Booth Cost. Exhibitor shall pay to ART NOW FAIR the amount due for the exhibition booth as set forth in Paragraph 1 above by the end of business on March 15, 2022, plus the cost of any additional booth enhancements made at Exhibitor’s request and agreed upon by ART NOW FAIR, such as additional walls and lights over allotted allocation. Please note that Morgan Arts Complex is a columned venue.
iii. The above payments shall be made by either check made payable to “ART NOW FAIR”, ZELLE or credit card payment with a 3% surcharge on all credit card payments. Please contact us for ZELLE or credit card payment particulars.
iv. If Exhibitor withdraws from participation in ART NOW FAIR at any time after March 1, 2022, no refunds or reimbursements will be given. Notice of withdrawal must be sent in writing, either by email to [email protected] , with corresponding email confirmation of receipt by us, or by written notice sent overnight express courier.
v. Exhibitor is responsible for the delivery of their artwork to the fair as well as the removal, pick up and all handling of their materials. Installation is required by 4/7/22 and removal is required by 4/11/22. Specific hours and logistical information will be provided in the exhibitor’s manual which will be sent in February.
vi. In the event that an Exhibitor fails to de-install and remove artwork by the deadline provided in Paragraph II.2.v above, ART NOW FAIR will retain a shipper of its choice at the exhibitors expense, to package the art works and transport all remaining artwork to the shipper’s own warehouse for storage until such time as they are retrieved by the Exhibitor. Storage and retrieval of the artwork will be at Exhibitor’s own expense, and Exhibitor acknowledges that the expense of retrieving the art work may include (but not be limited to) the cost of packing, transporting, handling, storing, shipping the art work, as well as other fees imposed by the shipper. ART NOW FAIR shall assume no liability or responsibility for works of art retrieved, lost, damaged and retained by a shipper as described in this section.
vii. Exhibitor is responsible for the installation and display of their artwork, as well as any liability for loss, theft or damage.
viii. Exhibitor may not assign or sublet all or any of their space contracted without the prior written consent of ART NOW FAIR, which consent may be granted in our sole and absolute discretion.
ix. Exhibitor must keep exhibition space staffed and open during ART NOW FAIR hours. ART NOW FAIR Exhibitor badges must be worn by Exhibitor’s staff.
x. ART NOW FAIR does not guarantee specific booth assignment, stand configuration or square footage, and reserves the right to make changes in booth assignments at its sole discretion at all times. Any verbal agreements and all special arrangements must be confirmed in writing.
xi. No signs or banners extending beyond the limits of an Exhibitor’s booth space will be allowed unless approved and confirmed in advance and in writing by ART NOW FAIR.
xii. All Exhibitors are strictly accountable for the authenticity of the works of art, which are shown and sold at the FAIR. Should the authenticity of any work of art be placed in issue during the course of the exhibition, ART NOW FAIR reserves the right to have said work withdrawn from the FAIR unless the Exhibitor can furnish documentation that satisfies ART NOW FAIR as to the work’s provenance, such determination being made at ART NOW FAIR’s sole discretion. The Exhibitor shall indemnify and hold harmless ART NOW FAIR, and their respective affiliates, officers, directors, trustees, employees, and insurers (“ART NOW FAIR INDEMNITEES”) against any and all claims, demands, or causes of action made with regard to the authenticity of any work, whether sounding in contract or tort. The obligation to indemnify shall include a duty to defend the ART NOW FAIR INDEMNITEES against any such claims, including for the cost of such defense and or all attorneys’ fees.
xiii. Any Exhibitor presenting video or artwork that produces any type of noise that ART NOW FAIR, in its sole discretion, determines to be interfering with the ability of ART NOW FAIR or Exhibitors to conduct business will be asked to turn the volume on the media down or off, or to remove the media altogether.
xiv. Exhibitor acknowledges that ART NOW FAIR will film and document the event and Exhibitor agrees not to hinder, obstruct or interfere with such photography or video. Exhibitor and any of its artists whose works may be captured in that video or film image consent to the use of these video and/or film images by ART NOW FAIR or its agents for commercial purposes in marketing and advertising this and any future fairs.
xv. Exhibitor is solely responsible for compliance with ILLINOIS state sales tax requirements. Failure to comply may result in additional interest and penalty charges on all tax liabilities. It is Exhibitor’s responsibility to make the appropriate tax payments and filings. ART NOW FAIR bears no responsibility for the failure of Exhibitor to comply with ILLINOIS state sales tax requirements.
xvi. Exhibitor agrees and acknowledges that neither ART NOW FAIR nor its vendors or contractors maintain insurance covering the Exhibitor’s property or for Exhibitor’s employees, agents, independent contractors, volunteers or other associates, and that it is the sole responsibility of the Exhibitor to obtain such insurance. Exhibitor also understands that neither ART NOW FAIR nor its facility or contractors maintain insurance covering Exhibitor’s property, Exhibitor is solely responsible for obtaining and holding such insurance for all coverage. Exhibitor must evidence proof of insurance prior to move in.
xvii. Exhibitor is solely responsible for all personal liability and property damage or loss incurred to its persons or property by or from delivery, transit, move-in, duration of show, move-out and return delivery and transit. The Exhibitor waives any and all claims against ART NOW FAIR for injury to Exhibitor, its agents, servants, and/or employees while in the exhibition premises.
xviii. ART NOW FAIR may, in its sole discretion, cancel this Agreement and the parties hereto shall be released of all further obligations and liabilities each may have to the other, except that ART NOW FAIR reserves the right to retain any monies paid if such cancellation is for good cause, as liquidated damages. Further, if ART NOW FAIR is delayed or prevented from performing any of its obligations under this Agreement by reason of strike, weather, pandemic, act of God, labor troubles, governmental closures, emergency orders issued by health, fire or governmental agencies, or any cause whatsoever beyond ART NOW FAIR’s control, the period of such delay or such prevention shall be deemed added to the time herein provided for the performance of any such obligation by ART NOW FAIR. In the event of cancellation booth costs paid to ART NOW FAIR will be refunded to the Exhibitor, minus 6% for processing fees if done by credit card. The Exhibitor waives any and all claims and for any damage of any nature including damage to its business by reason of the failure to provide space for its exhibit or any failure to hold the exhibition as scheduled
xix. Exhibitor agrees to abide by the rules and regulations of venue operator, and shall be responsible for any damage caused by Exhibitor, its employees, staff or volunteers to the venue during the period of ART NOW FAIR, as deemed by venue.
xx. Security guard service is provided to prevent entry to the exhibition area by anyone not authorized by ART NOW FAIR. This security does not guarantee exhibitors against loss, theft, or other mischief and by no way implies an assumption of liability for loss, destructions, theft, or vandalism of any of the Exhibitor’s property or injury to any of the Exhibitors’ personnel, agents, or employees. This security shall not be construed as any guarantee or indemnification whatsoever to the Exhibitor against loss or theft or otherwise, nor does it imply an assumption of liability by ART NOW FAIR with respect to any and all of Exhibitors’ property. Exhibitor assumes all risks for transport, installation, and exhibition of art and personal property.
xxi. Exhibitor agrees to indemnify and hold harmless the ART NOW FAIR and venue, and its affiliates, officers, directors, employees, agents, and contractors, against all claims, losses, suits, damages, judgments, expenses, costs (including without limitation reasonable legal fees and amounts paid in settlement) and charges of every kind arising out of or relating to Exhibitor’s participation in or use of space or booth at ART NOW FAIR, including but not limited to claims for personal injuries, death or property damage or any other cause of action sustained by any persons caused by, arising out of, or related to Exhibitor’s exhibition at ART NOW FAIR.
xxii. Exhibitor acknowledges and agrees that ART NOW FAIR will not be responsible for the safety or well-being of any art, property, merchandise, or materials consigned to or in the ownership of any Exhibitor during the ART NOW FAIR dates, as well as during move-in and move-out, or for damage or loss incurred during shipping or transport of art, property or materials to and from the Fair. ART NOW FAIR shall not be responsible for loss or damage to displays or goods belonging to Exhibitor or consigned to Exhibitor or otherwise brought to ART NOW FAIR by or on behalf of Exhibitor, whether resulting from misuse, negligence, fire, storms, water, air conditioning or heating failure, theft, pilferage, mysterious disappearance, bomb threats or other causes. All such items are brought to ART NOW FAIR at the venue and displayed at Exhibitor’s own risk.
xxiii. Exhibitor agrees to be bound unconditionally by the ART NOW FAIR guidelines, rules and regulations. Violation of the rules can lead to Exhibitor expulsion without refund.
xiv. By execution of this Agreement, Exhibitor acknowledges and accepts these Conditions of Participation, including venue and date changes. The Exhibitor promises to abide by these Conditions of Participation contained in this Agreement and such further rules and regulations governing the terms of the FAIR as may be implemented by ART NOW FAIR at its sole discretion.
III.Miscellaneous
1. Upon acceptance by ART NOW FAIR and countersignature of this Agreement, a copy of this Agreement will be returned to the Exhibitor. This Agreement is not subject to cancellation or modification by Exhibitor after execution and countersignature, except by mutual written Agreement between the parties hereto. Refunds will be governed by Section II.2.iv of this Agreement.
2. This Agreement constitutes the entire agreement between parties. There are no other agreements, oral or written, other than contained herein. This Agreement may not be amended except in writing signed by both parties, which specifically references this Agreement.
3. In the event that any individual provision of this Agreement shall be deemed invalid by any court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
4. This Agreement is governed solely by the laws of the State of CT. Any and all litigation arising from this Agreement shall be litigated in the Superior Court of CT, and/or the U.S. District Court for the District of CT.
5. The parties have participated jointly in the negotiation and preparation of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties intend that each covenant, term and condition contained herein shall have independent significance. If any party has breached any covenant, term or condition contained herein in any respect, the fact that there exists another covenant, term or condition relating to the same subject matter (regardless of the relative levels of specificity) which the party has not breached shall not detract from or mitigate the fact that the party is in breach of the first covenant, term or condition.
6. This Agreement shall be binding only when accepted by ART NOW FAIR or its agents and representatives. It is subject to review and approval by ART NOW FAIR and therefore ART NOW FAIR reserves the right to reject any application for any reason. There exists no obligation by ART NOW FAIR to any applicant until a completely executed Agreement has been accepted by ART NOW FAIR.
7. Electronic or pdf signatures (by facsimile or email) shall be treated the same as original signatures or electronic agreement. The Agreement may be signed in counterparts and each fully executed counterpart shall be deemed an original if the application is sent via mail only. Any amendment of this agreement must be in writing countersigned by both parties.
8. The undersigned representatives executing this Agreement represent and warrant that they have the full authority to agree to its terms.
EXECUTED AS AN AGREEMENT:
Intending to be bound hereby, the parties confirm their agreement with the foregoing. On behalf of ART NOW FAIR, we look forward to this collaboration upon acceptance.
