St. James Court Art Show (St James Court section) 2018 Agreement
Updated as of December 8, 2017
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 725 artists spread over 3 blocks. You may apply to any or all of the sections, (applications are not shared between the sections). Participation is limited to one section of the art show in a given year. Once you pay a BOOTH FEE to a particular section, you are unable to accept an invitation to any other section.
THE INFORMATION HEREIN PERTAINS TO THE ORIGINAL AND LARGEST SHOW THAT BEING THE ST. JAMES COURT SECTION BEGUN IN 1957. OTHER SECTIONS ARE USING ZAPPLICATION SO PLEASE BE AWARE TO WHICH SECTION YOU ARE APPLYING TO. THERE ARE NO REFUNDS FOR APPLICATION FEES SENT TO THE WRONG SECTION.
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 if invited to participate. You may download or print a full legal agreement pertaining to The St. James Court Art Show off our website.
2018 St. James Court 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 exhibit at the 2018 St. James Court Art Show ® upon the following terms and conditions.
Artist 1. _____________________________________________________
Artist 2. _______________________________________________________
(If name appears on Zapplication application)
1) 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.).
2) The SJCAS shall in its sole discretion designate the ARTIST booth space. Spaces are 10’ x 10’. All ARTIST must bring their own white tent. The ARTIST agrees to comply with all applicable laws and regulations, including Louisville fire safety regulations regarding display space and materials. The ARTIST agrees to comply with all set-up, display, load-in/load-out and tear-down guidelines as established by the SJCAS, including access to booth and vehicle restrictions. Booth structure and displays must not exceed limits of assigned space.
3) SJCAS’s insurance does not cover loss or damage to ARTIST’S property or equipment. The ARTIST agrees that any insurance covering ARTIST’S property or work shall be the sole responsibility of the ARTIST. It is recommended that each exhibitor obtain general liability insurance, as the show’s insurance does NOT extend coverage for exhibit damage or bodily injury.
4) 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.
5) The SJCAS is not liable in the event the art show is cancelled for weather related events.
6) The ARTIST understands Louisville Metro Police provide security during the shows hours of operation; private security is on site after hours. St. James Court is an urban residential area, so reasonable precautions should be taken to ensure the safety of you and your property. All work is exhibited at the artist’s own risk. 7) 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. The ARTIST will remain open for business from 10am until 6pm Friday, & Saturday, and 10am – 5pm on Sunday.
8) In the event that the ARTIST utilizes any SJAS staff member or volunteer for booth relief, it is understood that SJCAS shall not be held responsible for any theft, loss or damage to the ARTIST’s work, booth or goods. It is also understood that no SCJAS staff or volunteer shall not handle any sales or cash transactions or be asked to offer their services for more than 30 minutes at any one time.
9) Photo I.D. required at check-in. It is understood that the ARTIST must be in attendance for the length of the show. If the ARTIST is unable to attend his/her space will be forfeited. Partners listed on application are not allowed to be here in place of artist of record. Agents for artist, including dealers, frame shops and galleries are not allowed.
10) 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.
11) 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.
12) It is understood that any policies, procedures or instructions that have been sent to the ARTIST of The St. James Court Art Show® or included in the Application on Zapplication are incorporated herein by reference and are considered a part of this agreement.
13) 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. The decision of the Executive Director is final.
14) 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 2018 St. James Court Art Show. 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 enure 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.
15) 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 13 above.