Terms and Conditions of Participation
Art Los Angeles Contemporary (hereinafter referred to as the ‘Fair’) is owned and managed by Fair Ground Associates LLC (hereinafter referred to as ‘FGA’). These terms and conditions apply exclusively to the 2020 event only. These Terms and Conditions become effective immediately upon acceptance of Exhibitor’s application by FGA, and in case of such acceptance shall be in effect through the entire term of Exhibitor’s participation in the Fair. Notice of acceptance will commence after January 1, 2020.
2. Admission to Exhibition
FGA shall have ﬁnal judgment on all applications and may accept or reject applications in its sole discretion. The Exhibitor guarantees that all information supplied within the application is accurate and complete. Exhibitors must also ensure that submitted applications include a legally binding signature and application fee. Only galleries staging regular public exhibitions are to be admitted as Exhibitors. FGA reserves the right to cancel any application that is accepted on the basis of false information or if the Exhibitor fails to comply with these Terms and Conditions. The Exhibitor is liable for, and will indemnify FGA, and hold FGA harmless for and from any and all loss or damage incurred by FGA that is a result of any breach in these Terms and Conditions. In the event that FGA decides for whatever reason to decline acceptance of an Exhibitor’s application, the Exhibitor will be notified in writing. Admission will be conﬁrmed in writing after the full review of applications by FGA. FGA shall have the right to revoke an admission already granted if it is subsequently established that admission was granted on the grounds of false information or that the admission conditions are no longer fulfilled (eg. change in gallery ownership, closure of gallery site or building).
3. Price and Conditions of Payment
Exhibitor agrees to pay FGA in full for the booth or booths requested by the Exhibitor in his/her application at the applicable prices and deposits for the size of booth requested, in accordance with the following terms and conditions:
- The required $250.00 Application Fee is non-refundable and is not credited to the Exhibitor’s account against booth hire fees.
- Payments are non-refundable and non-transferable unless FGA otherwise agrees in its discretion. Any Exhibitor whose booth has not been paid in full by February 1, 2020 will not be permitted to exhibit. In such event, FGA may cancel the Exhibitor’s contract, reallocate the space and retain payment made without further liability or obligation to the Exhibitor.
- After acceptance by the FGA, exhibitors will be invoiced for the total booth hire amount.
- Payments are due in installments in the following manner: 50% of the booth balance is due immediately upon acceptance. The remainder is due February 1, 2020. Any additional booth costs must be paid in full by the opening date of the Fair or the exhibitor will not be permitted to exhibit. The booth may be reallocated and any payments made retained. Booth prices include: white perimeter booth walls, basic interior perimeter lighting, booth signage, cleaning of common areas, exhibitor badges, VIP packages, and chairs.
- Booth Options:
Small : $6000Approx. 183–215 sqft / 15–20 sqm
Medium : $10000Approx. 262–269 sqft / 21–25 sqm
Large : $15000Approx. 280–301 sqft / 26–30 sqm
X-Large : $20000Approx. 334–398 sqft / 31–37 sqm
- Any additional items requested on site including but not limited to lights, electricity or any other requests will be billed on-site and payment is due before the close of the event. Any unpaid extras are due upon receipt of invoice. Late fees of 1.50% per month will be applied.
- An actual count will be conducted by members of FGA to determine the final number of lights, outlets, tables rented, wall panels, wall panels with doors, custom paint, custom flooring, rigging, installation of reinforcement for heavy objects, damages, waste removal as well as any additional items or services utilized by an Exhibitor regardless of items ordered in writing, verbally or otherwise. Exhibitor agrees to pay in full for these items.
No Exhibitor may sublet his/her booth either entirely or partially. Products, Exhibitors or individuals other than those speciﬁed in the application may not be shown or advertised at the booth.
5. Withdrawal and Cancellation
Any Exhibitor may cancel his/her contract until February 1, 2020, upon agreement to forfeit the ﬁrst booth hire payment. Any Exhibitor who withdraws or cancels his/her contract after this date (February 1, 2020) will remain obligated to pay the full amount of the booth rental and any further costs that may have been incurred. Any Exhibitor who fails to occupy his/her booth by 10:00 AM on February 13, 2020 will forfeit his/her right to occupy the booth and FGA may use the booth for other purposes. In such event, the Exhibitor shall remain liable for the full rental and any additional costs incurred. If FGA, in its sole discretion, changes the Fair date or Fair location, or cancels the Fair, the sole liability of FGA to Exhibitor shall be to:
- Notify Exhibitor in writing within seven (7) days of FGA reaching determination of such changes or cancellation.
- In the event that the Fair is canceled, or the Exhibitor cannot attend the Fair during the rescheduled time period, to promptly return all Booth Fees previously paid less the expenditure of any costs incurred by FGA in connection with the cancellation of the Fair.
Exhibitor shall have fourteen (14) days from the receipt of written notice of a changed Fair date to notify FGA if he/she can not participate during the rescheduled date. If Exhibitor does not notify FGA that it cannot participate within the fourteen (14) days, the changed Fair date will be deemed accepted and the applicable Application will be amended.
6. Insurance and Exemption from Liability
Exhibitor agrees to provide insurance in sufficient amounts to cover any and all damage or loss to any personal property or articles, including, but not limited to, works of art at the Fair for any cause, including ﬁre, theft, burglary, breakage, leakage and water damage or transportation to and from the Fair location. In any event, Exhibitor assumes all risk of loss or damage to any of its articles and FGA shall assume no risk of loss for any Exhibitor’s property. Each Exhibitor shall provide to FGA a certificate of insurance as proof of coverage and which names FGA as an additional insured under such policy. FGA will not be liable to any Exhibitor for any direct, incidental or consequential damages or loss to the Exhibitor, to his/her property or articles arising in any way from or connected with the Exhibitor’s participation, except for damage and loss caused by FGA’s gross negligence. Prior to admission to the show, Exhibitor agrees to sign a form releasing FGA from such liability.
FGA shall provide guard service for the Fair and the Fair areas, 24 hours a day, by uniformed guards as an amenity. This service will commence on the first day of booth installation and continue until the end of dismantling. Nevertheless, neither FGA nor its contractor shall be held liable for any loss or damage due to theft, vandalism, destruction of any of the Exhibitor’s property or injury to the Exhibitor including any of the Exhibitor’s corresponding agents, personal or employees. Nothing may be removed from the Fair location from the beginning of set-up, unless accompanied by a merchandise or security pass, through the end of the dismantling period. Only Exhibitors will be allowed to bring in articles during the Fair. Special badges must be worn and displayed by Exhibitor and their staff at all times while at the Fair.
8. Electrical and Lighting Services
FGA shall contract with the facility lessors to provide common area lighting but FGA shall not be liable for any loss or damage due to failure or interruption of any service. Exhibitor is specifically restricted from installing any power connections. Exhibitor agrees to adhere to all ﬁre, safety, Fair Rules and Regulations and security regulations associated with the Fair and the facility. The location of any electrical outlets must be indicated on the booth graph. If electricity is required in several locations in the booth, multiple electrical outlets must be indicated and ordered on the booth graph. The number of wall washers included with an Exhibitor booth is outlined on a provided booth graph. Exhibitors must indicate the orientation of every wall washer, flood light or spot light on the booth graph. There is no refund for unused lights that are included with the base booth fee. Ordered lights will be charged to the exhibitor. Only lighting fixtures with Underwriters Laboratories (UL) or Factory Mutual (FM) labels are accepted by the City of Los Angeles Fire Marshal in compliance with the National Electric Code (NEC) and National Fire Protection Association Life Safety Code (NFPA 101). Only fixtures provided by FGA are acceptable for use during the Fair. Should an Exhibitor require the use of lighting other than that provided by FGA, the Exhibitor agrees to request the use of such lighting in writing no less than fourteen (14) days prior to the opening of the Fair. Lights are installed and adjusted by on-site electricians, according to the booth graph. A one time focus or aiming of the lights is to be provided as part of the base booth fee. Only on-site electricians may install, move or adjust lights and electrical connections. Any and all items that require an electrical power in addition to lighting systems must be in accordance with the Fair standards established by the organizers.
FGA will be responsible for keeping the common areas of the Fair clean. Exhibitor shall be responsible for maintaining his/her booth and keeping it free from trash, and shall leave the booth in nominally the same condition in which it was ﬁrst occupied by the Exhibitor, reasonable wear and tear excepted.
10. Detritus and Remains
Exhibitors are responsible for the disposal and removal of all waste created as a result of the installation, dismantling, shipping, packaging and transportation of any and all items used in relation to their participation in the Fair. FGA organizes waste disposal. Smaller quantities of waste are collected and disposed of at the exhibitor’s expense. Larger quantities of waste, bulky items and other refuse used in conjunction with or because of an Exhibitor’s participation in the Fair will be disposed of and costs will be invoiced to the Exhibitor. All passageways and areas outside of the booth must be kept free from detritus and waste. Detritus and wastes stored in passageways or areas outside the booth as well as any materials left behind after the close of the Fair will be removed for a charge to be determined by FGA at its sole discretion and disposed of.
11. Promotional Activities
Cinema, video, audio and posters shall not be permitted at the Fair, unless approved in advance by FGA.
12. Filming, Photography and Video Recording
Exhibitor may not interfere with photography or video recordings by FGA, its employees or agents. The Exhibitor consents to FGA’s use of photographs and video recordings captured at the Fair for commercial purposes, including but not limited to marketing material and social media. The Exhibitor hereby grants FGA permission to use the Exhibitor’s logo, images, social media handles, graphics, domain names, banners, and trade names, and understands that FGA’s use of the aforementioned proprietary information shall be used for the express purpose of promoting the Fair.
13. Booth Operation
Exhibitors are responsible for the operation of their booth without interruption throughout the whole of the Fair’s advertised open hours. All booths must be adequately and expertly equipped and staffed with personnel. A gallery director or senior member of the gallery must be present in the booth until the closure of the Fair (Sunday, 6pm). Exhibitors must satisfy the quality level demanded by FGA throughout the whole duration of the Fair. Re-hanging operations and any modifications made to the booth must not be of a nature that would detract from the quality level of the Fair. Re-hanging and cleaning work are only permitted daily during the run of the Fair for one hour prior to the opening of the Fair and one hour after the closing of the Fair. Artworks may only be presented within the booth area. For safety reasons artwork installed on outside walls, those facing the aisles, cannot protrude more than six inches into the aisles.
14. General Terms and Conditions
FGA reserves the right to expel any Exhibitor from the Fair who violates the rules stated in this Agreement. The Exhibitor will remain liable for the full amount of booth rental and any additional charges incurred. This agreement is governed solely by the laws of the State of California and the Exhibitor agrees to submit to the jurisdiction of the courts of the State of California. This agreement constitutes the entire agreement between the parties. There are no other agreements between FGA and Exhibitor, either oral or written, other than contained herein. This agreement may not be amended except in writing by separate agreement signed by both parties that speciﬁcally references this agreement. In the event that any individual provision of this agreement shall be deemed invalid by any court or competent jurisdiction, the remaining provisions of the agreement shall remain in full force and effect.
Exhibitor is solely responsible for its own materials and products at the Fair. Exhibitor shall not make a claim against FGA, the Fair, its vendors and assistants, the owners of the venue or their heirs or assignees for loss, theft, damage or destruction of property or injury, including death, unless caused by the willful misconduct or gross negligence of FGA, its employees, agents or representatives. Exhibitor agrees to indemnify, defend and hold harmless FGA, its directors, ofﬁcers, employees, agents and representatives from and against any third party claims, losses or damages, attorney fees and costs, arising out of or caused by Exhibitor’s installation, dismantling, removal, maintenance, occupancy presentation, performance or use of the Fair booth. Exhibitors shall be liable for any damage caused by their employees or agents. FGA shall not be liable towards the exhibitor or for any consequences arising from the position or surroundings of the exhibitor’s booth. Any damages are to be reported to FGA immediately.
16. Force Majeure
The performance of these terms and conditions is subject to ﬁre, ﬂood, war, strikes, civil unrest, terrorism, government authority or any other emergency beyond the reasonable control of the parties that makes it impossible or illegal for FGA to hold the Fair or for the Exhibitor to participate.