3074 SW 29th Street, Topeka KS 66614 - 785-273-5994 Framewoods of Topeka



 

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SouthWind Gallery Kansas - 150

Click Here to download all Kansas-150 Art Competition information in PDF format.

Click Here to go Directly to the Online Entry Form

Art Competition Copyright, Sale and Reproduction Agreement

Upon submission of digital image and payment of the entry fee the Artist covenants and agrees as follows:

  1. General Conditions. The Artist warrants and represents that he/she is the sole creator of the works of art (“Works”) signed by him/her and entered in this competition. That the Works are original creations and do not infringe upon any other person’s copyright or rights of artistic property, nor to his/her knowledge does it violate the rights of privacy of other persons. The Artist agrees to indemnify SouthWind Gallery (ndb as Framewoods of Topeka, Inc.), or other exhibitors related to SouthWind Gallery exhibitions, against any final judgment for damages in any lawsuit, out of court settlement or other agreed settlement with any other party based on actual breach of Artist’s warranties or representatives above. In the event of any lawsuit, Artist agrees to pay SouthWind Gallery and their respective assignees costs and attorney’s fees incurred in defending such a lawsuit. In the event a lawsuit is brought which may result in the Artist having been held to have breached his/her warranties under this agreement, SouthWind Gallery shall have the right to withhold and place in escrow any sums payable to the Artist for Works sold by the company, but in no event may such withholding exceed damage alleged in the complaint.

  2. Exclusive License of Reproduction Rights: Artist hereby grants to SouthWind Gallery and their respective agents and other designees the sole and exclusive, irrevocable worldwide right and license to reproduce the Works (“Reproductions”) at their sole discretion and no cost to Artist, including but not limited to advertising and promotional uses, a limited edition series of prints, books, posters, note cards, magazine covers, and calendars for sale, gifting, or other transfer of ownership. This license shall exist in perpetuity. In order to protect the value of the Reproductions, Artist forever agrees that he/she will not reproduce the Works or create derivative works based on the Works, and other than this license to the SouthWind Gallery Artist will not license or otherwise permit anyone else to reproduce the Works or create derivative works based on the Works. SouthWind Gallery shall have the privilege of publishing, advertising, announcing and using at their discretion, the name and image of the Artist in connection with the Works or Reproductions.

  3. Royalty Payment to Artist. If SouthWind Gallery elects to use the Artist’s image for a series of limited edition prints, the Artist will receive ten percent (10%) of the sales price excluding sales taxes and shipping/handling charges. Payment shall be made quarterly, no later than the 15th of the month after the end of the quarter. Artists will receive no royalty for images used for promotional purposes in any form.

  4. Expenses and Accounting. The Artist shall not be responsible for any expenses incurred in the production and sale of any products.

  5. Display and Sale of Original Art. The original entries may be physically exhibited by SouthWind Gallery through the end of the designated exhibition date. SouthWind Gallery retains the right to exhibit or sell reproductions for an unlimited time. During the exhibition period, SouthWind Gallery shall have the exclusive right to sell all Works for such price as the Artist establishes. Any unsold Works will be returned to the Artist following the exhibition schedule or the artist may opt to allow SouthWind Gallery to continue to market Works until sold. For any original Works sold, SouthWind Gallery shall be entitled to retain fifty percent (50%) of the stated selling price as a commission and shall remit fifty percent (50%) of the stated selling price to the Artist.

  6. Ownership of Original Art. The Artist will retain ownership of their Works until sold, subject to SouthWind Gallery’s exclusive reproduction rights to use the Works as outlined in Sections 2 and 3 above. The Artist shall allow SouthWind Gallery or its assignees the possession of the original Works for the purpose of preparing color separations for a period of time, not to exceed 90 days.

  7. Winners. The winners agree to accept the stated competition cash awards as follows: The Grand Prize Winner will receive $1,000; Second Place Winner will receive $750; Third Place Winner will receive $500. No monetary awards will be given for Merit Awards. Winners will receive stated monetary awards from SouthWind Gallery during the competition's opening gala or within 30 days of the exhibit opening, whichever is first.

  8. Termination. This agreement shall continue in effect for two (2) years from the date of the contest final judging. This agreement will continue to be effective from year to year provided the image is being used as contemplated herein.

  9. Benefits. The benefits of this agreement shall inure to the benefit of the heirs, successors, and assigns of the respective parties.

Please print this and keep for your records along with a copy of your entry forms.

Click Here to download all Kansas-150 Art Competition information in PDF format.

Click Here to go Directly to the Online Entry Form