Artist Contract

This Agreement is entered into between ________________________ (Exhibitor) and Colorscape Chenango Arts Festival, Inc. (CCAFI) relating to the Colorscape Chenango Arts Festival (Festival).

  1. Festival: Exhibitor acknowledges that CCAFI will hold its annual Festival beginning September 11th,
    2021 and ending September 12th, 2021, in the City of Norwich, County of Chenango, State of New York,
    and that Exhibitor has received CCAFI’s prospectus describing the Festival. Exhibitor acknowledges that
    the Festival is an outdoor event located in the downtown area of Norwich, New York. Exhibitor further acknowledges that the Festival is attended by a diverse crowd, and that CCAFI has no control of public access to or from the Festival grounds.
  2. Space: The space rented to you upon return of this signed Agreement is 11’ x 11’ , as space permits. The
    location of your rented space will be assigned by CCAFI. Additional width (4 feet) or a corner space may be assigned in exchange for live demonstrations at the Festival, as space permits. All display equipment and materials are to be provided by the Exhibitor and must be contained within the assigned space, including corner locations. Exhibitor shall not block walkways at any time.
  3. Exhibits: Exhibitor agrees to exhibit work only in the space assigned by CCAFI. Exhibitor agrees to be
    present in person during the entire Festival on September 11th & 12th, 2021.

    Exhibitor agrees that all work exhibited will be the original work of Exhibitor produced by hand by Exhibitor within the past three (3) years. Commercially or mass-produced items or items made from kits, commercial moulds, logos or patterns are not permitted. Images presented for jury review shall be representative of the type and quality of work to be sold at the Festival. CCAFI reserves the right to stop the sale or display by

    Exhibitor of work which CCAFI believes is not represented by work shown in the images presented for jury review, or which are significantly inferior in quality to work shown in the jurying process.

    CCAFI further reserves the right to remove, restrict or prohibit the operation of any exhibit which, in
    CCAFI’s opinion, may become objectionable to other exhibitors or to the public, or is not suitable to or in
    keeping with the character of the Festival. By signing this agreement, you specifically waive any rights you
    may otherwise have to challenge CCAFI’s right to remove, restrict, or prohibit objectionable material from being exhibited during the Festival.

    Exhibitors may not advertise discounted, reduced or “sale” prices.

    Exhibitors shall display an Artist Information Statement in a prominent place near the front of their booth where it can be easily viewed by the public.

  4. Reproductions: To foster an appreciation of the arts in all people, including those who cannot afford
    original work, CCAFI believes it is important to offer the opportunity to purchase reproductions of the
    Exhibitor’s original works. All reproductions must be clearly and individually labeled as such, including
    any framed reproductions. Reproductions shall be in limited and signed editions. No hand-colored
    reproductions will be considered as original works. Reproductions are an ancillary part of the display and
    shall not exceed 40% of work displayed. Violators of the spirit, as well as the letter, of this policy will be
    asked to remove their reproductions. In any dispute, the decision of the Executive Director of CCAFI will
    prevail.
  5. Charges for Space: In consideration for the rental of the space, Exhibitor shall pay to CCAFI a fee in the
    amount of $215 for a 11’x11’ space, space permitting. Said charges shall accompany the delivery to
    CCAFI of an executed copy of this Agreement and shall be postmarked by April 30th, 2021 and mailed to:

    COLORSCAPE CHENANGO ARTS FESTIVAL, INC., P.O. BOX 624, NORWICH, NY 13815

    Exhibitors who do not return their contract and fees by April 30th, 2021 risk loss of their assigned space.

  6. Refund of Charges: There will be no refund in fees for withdrawals after August 1st, 2021. Up to that date
    space rental fees, less a $20 processing fee, will be refunded. Any and all withdrawals must be in writing
    and will be effective upon receipt by CCAFI at the address above. Exhibitors who fail to show up or who
    fail to remain for the entire Festival may not be invited to participate in future Festivals.
  7. Failure to Hold Festival or Provide Space: In event of a full cancellation of the Festival, or if CCAFI fails to furnish a space to Exhibitor, CCAFI shall refund to Exhibitor the entire entry fee paid by Exhibitor, and such refund shall be accepted by Exhibitor in full settlement of all loss or damage suffered by Exhibitor. In the event of a full or partial cancellation of the Festival, CCAFI shall not be held responsible for any costs incurred or losses suffered by Exhibitor, including but not limited to loss of potential earnings.
  8. Installation and Dismantling of Exhibits: All exhibits must be fully installed by 9:30 am on September 11th, 2021. After that time, no installation of exhibits will be permitted without special permission of CCAFI. Exhibitor agrees: 1) to exhibit work only in the space assigned by CCAFI; 2) not to park on sidewalks or bring vehicles onto the site; 3) to comply with City of Norwich fire regulations, including having a fire extinguisher in your space; 4) that electrical wiring will conform with the National Electrical Code Safety Rules; and 5) that exhibits will not obstruct the view or interfere with neighboring exhibits. CCAFI reserves the right to restrict or prohibit noisy or odor-producing exhibits, or exhibits deemed by CCAFI to be in poor taste.

    Dismantling of exhibits may not commence before 5:00 pm on September 12th, 2021. Any Exhibitor
    dismantling his or her booth prior to the above time will risk not being invited to future Festivals and/
    or having their applications for inclusion in future Festivals rejected. All exhibits must be completely
    dismantled by 9:00 pm on September 12th, 2021, unless CCAFI grants permission for longer storage. All
    installation and dismantling will be performed by and at the expense of Exhibitor.

  9. Assignment and Use by Others: Exhibitor shall not assign this Agreement or permit any other person to use Exhibitor’s space unless that person’s name appears on this Agreement and is approved by CCAFI
    in advance. Exhibitor agrees not to sublet Exhibitor’s space in whole or in part, with or without a fee, and
    CCAFI will not honor any attempted subletting in violation of this Agreement.
  10. Security: Overnight security on festival grounds is provided by the Norwich Police Dept. Exhibitor
    acknowledges that security may be insufficient to provide constant surveillance and monitoring of all
    personal property on the site, and that Exhibitor must make provision for the safeguarding of his/her
    exhibit and other personal property from the time they are placed in his/her assigned space until they
    are removed from the site by Exhibitor. Exhibitor agrees to take full responsibility for the protection of
    Exhibitor’s exhibits or other property in the event of adverse weather conditions.
  11. Sales: No commission on sales is retained by CCAFI. Exhibitors are required by law to collect all NYS and
    local sales tax, and to display a current NYS Sales Tax Certificate prominently in his/her exhibit space.
    CCAFI requires that Exhibitors provide proof of a current NYS Sales Tax Certificate prior to installation of their exhibit.
  12. Liability of Exhibitor:
    • Exhibitor shall not bring or allow any article to be brought into or any act done on the site that will injure or deface any part of the site, nor permit anything to be done by his/her employees, agents or representatives by which the site may in any manner be injured, marred or defaced.
    • Exhibitor assumes all responsibility for any and all loss, damage, injury or claim by or to CCAFI, to third parties, and/or to other Exhibitors arising in any way from the use of the site by Exhibitor, or arising in any way from the act or omission of Exhibitor, his/her employees, agents, or representatives or his/her
      exhibit, for the period during which Exhibitor occupies the Site, and shall indemnify and hold harmless  CCAFI, its employees, board, volunteers, agents and representatives from any and all such loss, damage, claim, injury or other expense relating thereto.
  13. Liability of CCAFI: CCAFI, its employees, agents and representatives shall not be responsible for any
    loss, damage, claim, or other injury to Exhibitor, his/her employees, agents or representatives, or to any exhibit material or work, goods or property of the same, whether caused by fire, theft, acts of nature,
    accident, or any cause whatsoever, for the period during which Exhibitor occupies the site. Exhibitor
    assumes all responsibility for any loss, damage, claim or other injury to Exhibitor, his/her employees,
    agents or representatives, and to any material or work, goods or other property of the same, whether
    caused by fire, theft, acts of nature, accident, or any other cause whatsoever, for the period during which
    Exhibitor occupies the site, and shall indemnify and hold harmless CCAFI, its employees, agents and
    representatives from and against any and all such loss, damage, claim, injury as well as all other expenses
    relating thereto.
  14. Default: The violation of any part of this Agreement or of the CCAFI prospectus shall, at the election of
    CCAFI, result in the revocation and forfeiture of all rights and privileges granted by CCAFI to Exhibitor, and in the event of such breach by Exhibitor and election by CCAFI, all sums paid or contracted to be paid by Exhibitor to CCAFI shall be forfeited to CCAFI. The Board of Directors of CCAFI shall vote to determine whether to treat said forfeited sums as liquidated damages.
  15. General: Exhibitor has read, understands and accepts the terms of this Agreement and those stated in the CCAFI prospectus.
Exhibitor verifies that all information given to CCAFI and the Festival is accurate and acknowledges that failure to provide accurate information will permit the cancellation of this Agreement by CCAFI at its option.

If any of the terms, conditions or provisions of this Agreement are deemed unenforceable, the enforceability or the remaining terms, conditions or provisions shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. This Agreement shall be effective when executed by both parties hereto.