Common use of Additional Terms & Conditions Clause in Contracts

Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.

Appears in 3 contracts

Samples: Representation Agreement, Representation Agreement, Representation Agreement

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Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our only liability will be to refund the representation fees. We are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.

Appears in 2 contracts

Samples: Representation Agreement, Representation Agreement

Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Representation balance must be paid in full no later than two (2) months prior to the exhibition. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.

Appears in 2 contracts

Samples: Representation Agreement, Representation Agreement

Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our only liability will be to refund the representation fees. We are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.

Appears in 1 contract

Samples: Representation Agreement

Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora is committed to making our exhibitions available to the public; however please note that: A) The gallery space may be unavailable from time to time due to special events and gallery functions. B) Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (bC) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant Note that you are not currently represented by an agent and/or a gallery the balance must be paid in an exclusive manner and warrant that you are free and able full no later than thirty (30) days prior to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreementexhibition start date. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our only liability will be to refund the representation fees. We are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.

Appears in 1 contract

Samples: Agora Emerging Agreement

Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when for special events projects for a limited number of days. In such as cocktail and reception parties are held at cases the galleryexhibition will be extended to make up for those days. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Note that the balance must be paid in full no later than thirty (30) days prior to the exhibition start date. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we are not liable may terminate this agreement at any time for any matters related reason and our contained in this Agreement and all remaining terms, conditions, and provisions contained in this Agreement shall remain in full force and effect. The failure by Agora to strictly enforce any of its rights and/or any of the terms of this Agreement shall not constitute a waiver of any of its rights. Agora and you will act as independent contractors. In the event of any claim, dispute or litigation regarding this Agreement or any aspect whatsoever relating to this Agreement or any act or omission relating to the Internet sitesrelationship between you and Agora, includingits agents, employees, representatives, owners and/or officers (as detailed above), you hereby unconditionally consent to the exclusive jurisdiction of the courts of the State of New York, New York County, and without limitation; outage; downtime; server and network issues; etcNew York City law shall apply. that may affect The laws of the display State of your artworkNew York shall govern this Agreement.

Appears in 1 contract

Samples: Representation Agreement

Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries that are located outside of Chelsea, New York City, while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Representation balance must be paid in full no later than two (2) months prior to the exhibition. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.

Appears in 1 contract

Samples: Representation Agreement

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Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when for special events projects for a limited number of days. In such as cocktail and reception parties are held at cases the galleryexhibition will be extended to make up for those days. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our only liability will be to refund the representation fees. We are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.

Appears in 1 contract

Samples: Representation Agreement

Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when for special events projects for a limited number of days. In such as cocktail and reception parties are held at cases the galleryexhibition will be extended to make up for those days. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Note that the balance must be paid in full no later than thirty (30) days prior to the exhibition start date. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our only liability will be to refund the representation fees. We are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.

Appears in 1 contract

Samples: Representation Agreement

Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when for special events projects for a limited number of days. In such as cocktail and reception parties are held at cases the galleryexhibition will be extended to make up for those days. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our only liability will be to refund the representation fees. We are not liable for any matters related to the Internet sites, includingany promise, representation, or warranty whatsoever, express or implied, not contained in this Agreement concerning Agora’s representation of you or relationship with you or relating to the subject matter of this Agreement to induce the execution of this Agreement and that you have not executed this Agreement in reliance upon any promise, representation, or warranty not contained in this Agreement. You further acknowledge and agree that you have carefully read and understand all of the terms of this Agreement and know and understand their binding effect. In the event that any term, condition, or provision contained in this Agreement shall be held or deemed to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect, impair, or invalidate any other term, condition, or provision contained in this Agreement and all remaining terms, conditions, and without limitation; outage; downtime; server provisions contained in this Agreement shall remain in full force and network issues; etceffect. that may affect The failure by Agora to strictly enforce any of its rights and/or any of the display terms of your artworkthis Agreement shall not constitute a waiver of any of its rights. Agora and you will act as independent contractors. In the event of any claim, dispute or litigation regarding this Agreement or any aspect whatsoever relating to this Agreement or any act or omission relating to the relationship between you and Agora, its agents, employees, representatives, owners and/or officers (as detailed above), you hereby unconditionally consent to the exclusive jurisdiction of the courts of the State of New York, New York County, and New York City law shall apply. The laws of the State of New York shall govern this Agreement.

Appears in 1 contract

Samples: Representation Agreement

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