Terms & Conditions

AUCKLAND GRAMMAR SCHOOL FOUNDATION TRUST
ART HOUSE TOUR

November 23, 2024
Terms and Conditions for Artist

An offer has been made to you, the Artist, to exhibit between two and five pieces of artwork at the 2024 Art House Tour hosted by Auckland Grammar School Foundation Trust (the School). This document sets out the details of the Tour and the rights and obligations of the School and the Artist.

The Art House Tour will be held throughout the Grammar zone and your artwork will be exhibited at one of eight private residences within the zone or at The Gallery which is situated on the school premises. The Art House Tour will be a ticketed event which is open to the public. The main event will take place between 10 am-4 pm on Saturday, November 23, 2024, with The Gallery also being open for sales and to the public between 9 am – 5:30 pm on Friday, November 22, 2024.

  1. Registration: The Artist must complete the Registration Form on the Art House Tour website with the Terms and Conditions attached.
  2. Provision of Information: The Artist agrees to provide The School with requested information promptly. This will include:
    • Biography: A 50 word biography and a cover image for your artwork for the Art House Tour Catalogue no later than Monday, July 22, 2024.
    • Imagery: High-resolution electronic images of each piece of artwork to be exhibited and a high-res professional headshot. The Artists agree that all imagery supplied can be used in the program brochure and can also be used as social media content in connection with marketing the event. The required imagery must be supplied by Friday, August 30, 2024.
    • Title, dimensions, medium and price of each artwork being submitted no later than Friday, August 30, 2024.
  3. Website/Internet Gallery/Publicity: The School reserves the right to publish biographical details and images of work submitted by selected artists for the Art House Tour on its Art House Tour website and in any other associated marketing material prior to, during and after the Art House Tour.
  4. Originality: The Artist warrants that each artwork submitted to The School is an original work of the Artist and does not infringe any copyright or any other intellectual property right.
  5. Indemnity: To the fullest extent permitted by law, the Artist indemnifies The School, its agents, officers, employees and representatives against any claims or proceedings that are made or commenced about any loss, damage or costs, suffered or incurred by the School arising out of, or in connection with, the Artist’s artwork.
  6. Presentation of Artwork: The School endeavors to display artworks to the best advantage of the Artists in its reasonable discretion. To help us please note the following points:
    • Paintings must have hooks and string or wire on the back to enable hanging.
    • Each work must be clearly labelled by the Artist with the artist’s name, the title of the work, the medium and the price.
    • Each piece should be wrapped to adequately protect it during storage and transportation. Please do not use expensive packaging as we are unable to return this.
    • Request well in advance any special display requirements for object d’art or other ‘out of the ordinary’ pieces.
  7. Special Hanging Requirements: Artists entering artworks that are particularly delicate or that have special hanging or display requirements must make arrangements with the School’s Development Office to install their own works.
  8. Delivery of Artwork: All artwork from Auckland Artists must be delivered to the allocated house or The Gallery on:
    • Houses: Friday, November 22, 2024, between 11 am – 1 pm
    • The Gallery: Thursday, November 21st, 2024, between 9 am – 11 am – Gate 4 Auckland Grammar School Mountain Road.
    The School will inform Artists of their allocated location by Friday, November 1, 2024. The Artist understands that the allocation of the Artist’s work to a particular house or The Gallery is at the discretion of The School. Artists from outside Auckland must courier their work with a return courier envelope to arrive at the Auckland Grammar School Development Office by: Friday, November 8, 2024, End of Day. Delivery address: Gate 4 Mountain Road, Auckland Grammar School, Epsom, Auckland (via Clive Road). Phone: (09) 638 0554. If delivered by courier, please mark the outside of the package with the address above, and label it with Attention: Auckland Grammar School Art House Tour, c/o Susan McFetridge, with your name and “artist” and “Art House Tour”. The School may, at its discretion, alter the couriering location in agreement with the Artist. The School agrees to give adequate notice to the Artist should the couriering location alter. The School is not liable (but the Artist is) for any mitigating costs should the work not arrive at the agreed-upon destination within the time frame stipulated above.
  9. Receipt of Artwork: The School will issue a receipt for all artwork received. The receipt will state the artist’s name, the individual names of the artworks delivered and the price each piece is to be sold for. It is the responsibility of the Artist to check the information as a true and correct record. If no response is received from the Artist within two days of the receipt being issued, the School will accept that as the receipt being an accurate reflection of the information contained within it. If work is couriered, the School will issue an e-receipt for all artwork received.
  10. Collection of Unsold Artwork: The Artist, or their nominee, must collect unsold artwork from the same location as the delivery, on Saturday 23 November from 4pm-5pm. Work will not be available for collection before 4 pm and will only be released to the person with the receipt (refer to Clause 8). The Artist will be informed by a designated Art House Tour committee member by 4 pm which works have been sold and which are to be collected.
  11. Post-tour sales: This year we will be offering tour goers the opportunity to purchase any unsold artwork from the tour via the Art House Tour website for a period of up to three days. Should one of the artist’s pieces be sold via this method, it will be the responsibility of the artist and buyer to arrange delivery or collection of the sold artwork.
  12. Sale Price and Commission: Artists must price their own works inclusive of GST (if any). 60% of the sale price (inclusive of GST) of works sold will be paid to the artist and the School will retain 40% of the sale price (inclusive of GST) as a commission (including any post-tour sales). The School will receive 100% of the funds upon the sale of the artwork. Each party will be responsible for paying any tax on their respective amounts received upon sale of the artworks. While reasonable efforts will be made by the School to collect the sale price, the School will not be held responsible for any uncollected funds.
  13. Payment: Commission payment is to be made to the Artist on the 20th of the month following the Artist’s confirmation of the invoice, by direct credit to the bank account specified by the Artist in the Registration form on the Art House Tour website. The School will not be responsible for any incorrect bank details provided to the School by the Artist.
  14. Ownership, Risk, Handling, and Insurance: The School and its representatives will endeavor to take care when handling and displaying artwork. In addition, The School maintains monitored security to ensure the safety of all The School’s buildings and equipment and additional security services will be employed throughout the Art House Tour period at the respective homes included on the tour. However: a. The artworks remain the property of and at the risk of the Artist up to and including collection by the Artist (or their Gallery), or buyer at the end of the Art House Tour. b. To the fullest extent permitted by law, The School does not take responsibility for any loss of and/or damage to any artwork whatsoever, from its delivery onwards up to and including collection by the Artist or buyer at the end of the Art House Tour. c. Artists are advised to insure their artwork and to let their insurer know the details of their participation in the Tour, in particular, the location of their artwork (either in storage or on display at the address provided by the School).Notwithstanding anything in these Terms and Conditions for the Artist, but subject always to the School’s obligation to pay the Artist its share of the sale price by clause 12, the risk of, and title in, any sold but uncollected artwork will pass to the School upon the School making the relevant payment to the Artist. To the fullest extent permitted by law, the Artist agrees to waive all of its contractual, statutory and all other rights and claims in relation to such artwork upon its receipt of the payment.
  15. Dealer Gallery Relationship: It is the responsibility of the Artist to inform their dealer gallery of their intention to exhibit at the AGS Art House Tour.
  16. Marketing: The School will promote the Art House Tour through all of its available marketing and media channels and may feature the artist’s work as part of this marketing. The Artist will promote their inclusion in the Art House Tour through all their available marketing channels including social media (which must include a minimum of 5 social media posts prior to the Tour). All marketing communications will refer to the art event as the “Auckland Grammar School Foundation Trust Art House Tour”. The Artist must obtain approval from the School for all marketing content in connection to the Art House Tour, and such approval can be obtained by contacting Amanda Booth at a.booth@ags.school.nz.
  17. Presence: The Artist agrees to be on-site during the Art House Tour to speak about their work with attendees. The Artist is expected to be on-site at their respective house from 10 am-4 pm or at an alternate time agreed upon in advance in writing with the School. During this time, the Artists will conduct themselves in a professional, courteous and respectful manner. If you are unable to be on-site, please let Susan McFetridge at arthousetour@ags.school.nz know in advance of the Art House Tour.
  18. Right of Refusal: The school reserves all curatorial discretions in respect of the artworks and in particular the right to make the final decision regarding the selection and display of artwork submitted and reserves the right not to hang work due to size/quantity submitted/previously exhibited paintings or any other reason and may, in consultation with the Artist, review the suggested price for any work. If, despite the School making reasonable endeavors to agree with the Artist on the sale price of an artwork, the Artist and the School are unable to reach an agreement on the sale price, the School reserves the right to exclude the relevant artwork from the Tour.
  19. Postponement or cancellation of the Art House Tour: If, in the reasonable opinion of the School, an event occurs that prevents the School from proceeding with the Art House Tour on the dates and/or in the manner proposed, the School reserves the right to consider all options reasonable available to it in modifying, suspending, cancelling or carrying out the Art House Tour, including, but not limited to, proceeding with an online sale of the artwork on the proposed or alternative dates, or postponing the Tour while storing the artwork at its chosen location or locations. For the avoidance of doubt, the event referred to in the foregoing sentence includes any circumstance beyond the reasonable control of The School, including, fire, flood or other extraordinarily severe weather conditions, acts of God, government policy, war, riot or armed conflict, acts of terrorism, pandemics, epidemic or other known medical or public health emergency, or any other event with similar effect to the foregoing.
  20. Termination: The School may remove the Artist and their artwork from the Art House Tour at any time, at the sole and absolute discretion of the School. Where this occurs, no compensation will be payable to the Artist.