Terms & Conditions
The Art Yard (TAY) gallery and studios are managed by Midland Film And Art (MFAA).
1. Media Accepted
• All media are accepted.
• All work must be original.
• Reproductions of your original works are accepted but prints of work intended for sale should be produced to a high standard using ‘light
safe’ inks and papers.
2. Items for Submission
• All blank areas should be completed, and the form returned via email or hard copy.
• By completing the Submission Form, you agree to be bound by the terms and conditions of TAY (MFAA) exhibition.
• You should attach an identification label to each piece of your work showing the title and your name to enable TAY team to handle it once it is delivered to the Gallery.
• Ideally the label should also include the medium used and price wanted (TAY commission is charged at 10%).
3. Submission Process
• Your Submission Form should be submitted via one of the following methods by 4pm of the last Saturday prior to the exhibition start:
By email to: email@example.com
By post sent to: The Art Yard, 59 Reddal Hill Road, Cradley Heath, B64 5JT
In person delivered to: The Art Yard
• Artists are encouraged to submit digital image files of their work to be used in perpetuity by TAY (MFAA) in publications, as part of audio /
visual exhibitions, to promote sales and in creating archives. All other rights remain with the copyright owners.
4. Submission Fee
• The relevant submission fee should be paid by 4pm of the Saturday prior to the exhibition start.
• It is non-refundable.
• If the submission fee is not paid on time TAY reserves the right not to accept your entry.
• The submission fee is applicable to all artists.
• Submission fees (Hanging Space Costs) payable are those published on TAY (MFAA) web
Standard 2D works measured up to <50cm in either direction.
Larger 2D works measured up to <100cm in either direction.
Extra large 2D works measured up to <150cm in either direction.
• With exceptions only 2 extra large works over >100cm in any dimension) are allowed per artist for exhibitions.
• For 3D works the maximum number of submissions and the tariff charged is at the discretion of TAY team, who will consider the dimensions of the piece and availability of space. The guideline is that only 3 works may be submitted if one of the works is over 30cms in any dimension and the usual minimum charge is £1 per piece. (Contact TAY team to discuss 3D requirements and to agree costs).
• Where 4x standard works under <50cm are submitted the user can hang a further piece up to <50cm free (hang 5 pieces for the price of 4). This discount applies to standard works only and does not apply to works over >50cm.
• 20% discount will be given to student card holders under 20 years.
• 20% discount will apply to roll-over submissions (except whole wall/gallery hire).
• Sponsor discounts from 20% apply.
• Whole wall and whole gallery hire discounts are available (see Hanging Space Costs).
5. Delivery of Work
• The final deadline for delivery of art works is 4pm on the Saturday prior to the exhibition start (as stated on the Submission Form).
• A submission Receipt will be issued. Please retain it for collection of work.
• A label should be attached by the user to each work (as outlined above).
• The top of abstract work should be clearly indicated in order to facilitate correct hanging / installation.
• If framed, the frame should be of good quality and be ready to be hung on display. TAY does not support the use of frames made from LDF.
• ‘Loose’ works such as sketches on paper, card, metal, glass or clip frames should be physically robust sufficient for gallery purposes.
• It is preferable that frames should not have projections (such as rings) at the back.
• All floor and plinth-based 3D work should be able to be lifted comfortably and not exceed 25kg in weight.
• If your work measures over 150cm in any dimension, please speak with TAY team to discuss placement and best terms.
6. Use of the Gallery and Studios
• Users agree to accept that TAY gallery is also a working environment used for the purposes of art and craft studios.
• TAY team (MFAA) reserves the right to refuse to exhibit submissions at their discretion.
7. Collection of Unsold Work
• To safeguard your work please present your submission Receipt at the point of collection.
• Work left at TAY for 4 weeks beyond the exhibition dates will be deemed to have been abandoned and will be disposed of without
notification to the user. Funds raised resulting from the disposal of the property will be used to recover the costs of storage and clearance.
• A third party can collect work on your behalf upon production of your submission Receipt.
8. Images of Work
• Users agree to accept that visitors to TAY are allowed to take photographs of work in the gallery and studios without restriction.
• By entering work into an exhibition, the user agrees that TAY (MFAA) may publish recordings of the work in any publication and on social
media in perpetuity.
• All other copyrights remain with the artist.
• Reasonable care will be taken of all entries, but TAY gallery and studios are working environments that entertain visitor traffic of all ages and
work is submitted at the users’ own risk. We therefore strongly advise users to insure all work against damage, loss and theft.
• TAY (MFAA) cannot insure work on the premises or in transit and will not be responsible for any theft, loss or damage.
10. Sale of Work
• It is preferably that all work submitted, with the exception of commissioned items, should be for sale.
• Commissions should be noted ‘NFS’ on the user’s Submission Form.
• Artists can be paid once payment has been received in full from the purchaser.
• The price stated on the Submission Form must be the retail price and should include the frame where relevant.
• You agree that TAY will retain a 10% commission fee on all works sold.
• Work will not be exempt from the 10% commission when it is evident that it is sold later as a direct result of being exhibited at TAY ‘in good
faith’. TAY relies on the discretion of the user for payment of the commission in these circumstances.
• Limited edition prints (unframed) or cast sculptures may be submitted for sale if details are completed on the Submission Form.
• Where possible, artists will be informed of customers who desire to place orders with them but TAY (MFAA) will not be held responsible for
contractual agreements to deliver work.
• Where possible, sold items will remain on display until the end of the exhibition but at the discretion of TAY team, or as requested by the
purchaser, sold items may be removed on the day of purchase. The user may elect to replace the sold item with another similar sized exhibit at no cost.
• Where necessary, the replacement of a damaged frame on an item at the point of sale is a matter for agreement between the customer and
The Art Yard Team: updated 07.05.2018
"Agreement" means the agreement comprised in the Booking Form and these Conditions.
"Booking" means the hire of the Studio for the Period of Booking.
"Booking Fee" means the fee payable by the Client to the Company for the Booking calculated in accordance with the Company's published, quoted or usual scale of charges.
USER "Client" means the person or company who makes the studio Booking or to whom the invoice will be made out to.
"Client's Equipment" means equipment brought onto the Company's premises by the Client, or the Client's Personnel or any agent or contractor for and on behalf of the Client.
"Client's Personnel" refers to persons invited by the Client to enter the Studio during the Booking. "Company" means Midlands Film And Art (MFAA) at The Art Yard (TAY).
"Conditions" means these conditions.
"Fees" means the cost to the Client for Booking and using the Studio during the period of Booking.
"Period of Booking" means the period of time which the Client has booked into the Studio.
"Studio" means the studio, the premises and it’s equipment.
"Studio Breakdown" means the unavailability (for any reason) of the Studio which prevents the Client's use thereof in accordance with the terms hereof.
These Terms and Conditions alone are to apply to all facilities hired and work done by the Company for the Client and shall prevail over any terms and conditions put forward by the Client.
2. STUDIO FACILITIES
2.1 The Company shall make the Studio available to the Client for the Period of Booking. The Client shall only permit people directly involved in the programme to enter the Studio and only during the Booking Period. The Company reserves the right to require any person not so involved to leave the Studio.
2.2 The Client hereby acknowledges that it shall be responsible for:
2.2.1 ensuring the suitability of the Studio and equipment for the Client's purpose
2.2.3 any problems or damage caused by use of Client and that accordingly the Company gives no warranty as to the foregoing
3. THE FEES
3.1 The Client shall, upon receipt of a Proforma invoice, pay a 50% deposit of the Fees and any other sums payable by the terms of this Agreement and no later than 30 days before the start of the Booking Period.
3.2 The remaining 50% balance must be paid on the final day of the Booking Period in cleared funds, together with any additional expenses that have been accrued by the Client.
3.4 The Fees shall not be reduced on account of:
3.3.1 the Client's failure to use the Studio for any or all of the Period of the Booking
3.3.2 the Client's cancellation of the Booking or any part thereof.
4. THE CLIENT'S OWN EQUIPMENT
4.3 The Client hereby warrants, undertakes and agrees that it shall procure that each of the Client's Personnel shall abide by the Studio's rules, regulations and health and safety policy and that it shall be responsible:
4.3.1 for the actions of the Client's Personnel upon the Company's premises
4.3.2 for any and all injury, loss or damage to any person's equipment or premises caused by any act or omission of the Client's Personnel, or as a result of any defect in or inappropriate specification of the Client's Equipment
4.3.3 for the cost of the hire of any Client's Equipment
4.3.4 for any costs and expenses incurred by the Company on behalf of the Client at the Client's request
4.3.5 for any and all loss or damage to the Client's Equipment which shall be at the sole risk of the Client
4.4 The Client shall vacate the Studio and remove all Clients’ Equipment forthwith at the end of the Period of Booking. The Company shall be entitled by 4 (four) weeks' notice to the Client to require the Client to collect the Client's Equipment and should the Client’s equipment not be collected within this 4 week period, the Company shall be entitled to destroy, or otherwise dispose of the Client's Equipment as the Company sees fit, without further notice or warning.
5.1 The Client shall procure the collection of ancillary materials ("the Materials") immediately upon payment in full of the Company's invoice applicable thereto ("the Collection Date")
5.2 After the Collection Date:
5.2.1 notwithstanding any other provision contained within the Conditions the Materials shall be held by the Company solely at the risk of the Client
5.2.2 the Client shall be liable to the Company for such reasonable charges as the Company may raise against the Client for the continued storage of the Materials
5.2.3 should the Client not collect the Materials within 30 days after payment of the invoice, the Company shall be entitled to destroy, sell or otherwise dispose of the Materials
5.3 Notwithstanding the foregoing until such time as the Company shall be in receipt of cleared payment of all the Fees: the Company shall be entitled to retain possession of all of the Materials
5.4 Notwithstanding any other provision contained within the Conditions the Client hereby acknowledges and agrees that all risk in the Materials when in transit or otherwise off the Company's premises shall vest in the Client
5.5 The Company retains a general lien on any property of the Client and or Materials in its possession for any unpaid balance the Client may owe to the Company.
The Client hereby covenants and undertakes to the Company that it shall indemnify the Company against any injury loss damage costs and/or expenses suffered by the Company arising from:
6.1 the Client's cancellation of the Booking including without limitation any reasonable costs or expenses incurred by the Company in connection with the Booking
6.2 the Client's making, use or exploitation of created art work
6.3 the Client's breach of any of the warranties undertakings or agreements on its part to be observed or performed by the terms of this Agreement
7. STUDIO BREAKDOWN WARRANTY
In the event of Studio Breakdown the Company shall at its option either replace (as soon as can reasonably be arranged) the Studio facilities to which the Client was entitled by the terms hereof and which have been lost as a result of such Studio Breakdown or credit or refund to the Client the Booking Fee in respect of the Booking and shall have no liability or obligation to the Client beyond these remedies.
8. COMPANY'S OVERALL LIABILITY
8.1 In the event that the Client shall actually suffer any loss or damage arising directly from the negligence or breach of contract or of statutory duty of the Company then other than in cases of death or personal injury the Company's liability therefore shall be limited in any event to the Maximum Liability in respect of the aggregate of all instances of such negligence and/or breach arising out of the Company's performance of its obligations under this Agreement
8.2 Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Client's Personnel for any:
8.2.1 indirect or consequential loss or damage
8.2.2 economic loss including without limitation any loss of profits or goodwill or anticipated savings arising from any fault in the Studio or any act or omission of the Company its servants or agents in respect of this Agreement
8.3 The Company's liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortious or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the Agreement, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded.
8.4 The Client accepts as reasonable that the Company's total liability in respect of the Booking shall be as set out in this Agreement:
in fixing those limits the Client and the Company have had regard to the price and nature of the Booking and the Recording Work and the terms hereof, and the level of expenses expected to be incurred by the Client in respect thereof and the resources available to each party including insurance cover, to meet any liability.
8.5 WHERE THE BOOKING IS MADE BY A CONSUMER AS DEFINED IN THE SALE OF GOODS ACT 1979, THE SUPPLY OF GOODS AND SERVICES ACT 1982, THE SALE AND SUPPLY OF GOODS ACT 1994 OR THE FAIR TRADING ACT 1973 THE STATUTORY RIGHTS OF THE CLIENT ARE NOT AFFECTED BY THESE CONDITIONS.
9. FORCE MAJEURE
Notwithstanding any other term of this Agreement the Company shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure.
Following notification by the Company to the Client of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations.
For the purpose of this Condition, 'Force Majeure' means:
● Act of God, explosion, flood, tempest, fire or accident;
● War or threat of war, sabotage, insurrection, civil disturbance or requisition
● Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority
● import or export regulations or embargoes
● strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party)
● difficulties in obtaining raw materials, labour, fuel, parts or machinery
● power failure or breakdown in machinery
10.1 The Client shall procure that neither the Client nor any of the Client's Personnel shall be held out as an agent of or pledge the credit of the Company
10.2 This Agreement constitutes the entire agreement between the parties and neither party shall be bound by any other statement or representation made to the other
10.3 No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto.
10.4 In the event that any part of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect
10.5 All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by fax (PROVIDED that proof of transmission can be produced) to the address or fax number respectively of the applicable party specified on the Booking Form on the date of delivery or transmission or if sent by recorded delivery post to such address within two (2) working days of posting.
10.6 This agreement shall be construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts By making a booking in person, via the Internet or by telephone, the Client agrees to and is bound by the terms & conditions of this agreement.