TERMS AND CONDITIONS FOR THE PARTICIPATION OF GALLERIES IN BARCÚ
1. General terms. The participants and selected artists are subject to the policies, rules and norms provided by the organizer of BARCÚ, who establish the general applicable conditions, reserving the right to modify them any time. Submitting an application to participate in BARCÚ implies full acceptance of the participant of this participation contract and of any other condition added by BARCÚ thereafter.
2. Exhibition criteria. BARCÚ allows the participation of national and international Galleries.
3. Participation terms. BARCÚ, by means of their advising committee, will select all exhibitors by way of an invitation to apply. The decisions regarding admissions will be at the discretion of the advising committee. Neither the Committee nor BARCÚ will provide any justification as regards to these decisions. Having participated in BARCÚ previously does not grant a space or the participation of the applying gallery in BARCÚ 2019. BARCÚ will charge a fee for the registration rights; this value is not reimbursable.
Paragraph one: The gallery assures that the art works taken to BARCÚ are their property or are under representation contracts for their administration and negotiation; that the works are tax-free; that they have the acquiescence of the owner of the works to participate in BARCÚ and commercialize them; that the works are free of claims from third parties; that the works are free-trade and are not world humanity patrimony or patrimony of any particular nation.
Paragraph two: The gallery assures that all information provided (personal, commercial, represented third parties’, art works, etc.) is true and verifiable; hence, they are willing to provide any support upon request. In the event that BARCÚ finds that any information provided by the gallery is false, they will proceed in the way they consider convenient, both legally and commercially. Falseness may be a cause for banning the gallery from BARCÚ. Likewise, BARCÚ may inform third parties asking for reference of the exhibitor about the falseness in the information provided.
4. Object of the agreement. BARCÚ will give each selected exhibitor the stand agreed with them.
Characteristics of the stand:
a. 3.4 meters high walls (in U form, internal and front walls). BARCÚ is organized in old houses. Hence, the height of the walls may vary depending on the location. This will be informed to the Gallery at the moment of the contract signature.
b. Lighting package of 150w incandescent spots. This detail will be informed to the Gallery at the moment of the contract signature.
d. WiFi in a communal zone
d. Technical support in site
e. Stand signs
f. Limited storage space in site
g. Security 24 hours
h. Presence in the guide
i. Name and link of the gallery in www.barcu.com, in the catalogue and in the printed guide
j. Assignment of the sample for the first private exhibition
k. VIP package
l. Package of marketing and communications.
Paragraph one: BARCÚ will assign the stand in its houses considering the available space. The location of the stand will be assigned at BARCÚ’s discretion. BARCÚ will consider the special requirements about the location of the stands. However, BARCÚ is under no obligation to meet them and this will not imply non-compliance of the contract.
Paragraph two: BARCÚ reserves the right to change the communal space or the corridors, entrances and exits of the houses at any moment. The personnel or agents authorized by BARCÚ reserve the right to enter all the spaces of the event, including the stand of the gallery to do repairs, modifications or for any other reason.
5. Cost of the stand:
Paragraph one: Early payment discounts. a) 10% for paying 100% of the cost of the stand before May 15 2019; b) 5% for paying 100% of the cost of the stand before June 15 2019.
Paragraph two: National galleries can pay in COP or in USD only by means of transfers and/or deposits to the bank account provided in point number 7°. Payments in COP will be calculated at the official exchange rate of the day of the payment.
International galleries must pay only in foreign currency, by means of deposit and/or transfer to the bank account provided in point number 7°.
In any case, any payment to BARCÚ must be done by means of deposit or transfer.
6. Additional services. If the gallery wants to do additional improvements to the stand, BARCÚ offers the services of an authorized external provider. Improvements may consist of: additional lighting, additional electrical points, walls, pedestals, rugs, additional signals, chairs, shelves, tables, miscellaneous services and exhibition materials, assembly and dismantling services, post-delivery of works, storage, packaging and sending. If the gallery is interested in such services, they must inform BARCÚ via e-mail, and BARCÚ will provide the contact details of the authorized provider. The gallery cannot hire these services from a non-authorized provider.
7. Payment conditions.
Initial payment: Fifty percent (50%) of the total cost of the stand (or stands) must be paid seven days after BARCÚ informs the acceptance of the exhibitor in BARCÚ. This payment can be done by means of bank transfer or deposit to the bank account of BARCÚ.
Final payment: The remaining fifty percent (50%) must be paid before August 30th, 2019.
A copy of the payment voucher must be sent to the e-mail: [email protected] It is the exhibitor’s duty to prove the payment was done.
Bank Address: Carrera 30A No 6-38 Medellín
Bank´s Phone Number: 57 4 2326520
Swift Code: COLOCOBM
Account Holder: BARCU SAS
BARCÚ Address: Carrera 11 NO 93-53 Of 202
BARCÚ Phone Number: 57 1 6350273
Identification Number of BARCÚ SAS: NIT 900.776.569-3
Account Number: 167589382-43
Type: Currency Account
Paragraph one: The gallery understands that the terms and conditions and the negotiation price of the stand are a private and confidential agreement between the signing parties of this contract. Thus, they cannot reveal any detail of such terms, conditions and negotiation prices to any third parties.
Paragraph two: The gallery understands that sending the application form implies a sound and irrevocable commitment to pay the total cost of the stand.
Paragraph three: Consequences of non-compliance with the payment: Both parties agree that not paying 100% of the cost of the stand by the deadline (August 20th) constitutes a breach of the participation agreement. Such unfulfillment has the following consequences for the gallery:
a) The participation agreement between the exhibitor and BARCÚ will deem invalid, due to breach of contract on behalf of the exhibitor; consequently, the exhibitor will lose the assigned stand and loss of any payment in advance.
b) The breach generates a sanction for the exhibitor, consisting in 5% additional to price.
c) As of the day after the breach of contract (August 20th), BARCÚ will be free to use said stand and can assign it to any other exhibitor they consider convenient without notifying the exhibitor that failed to comply.
d) BARCÚ´s selection committee will evaluate the prejudice caused by the breach and can ban the exhibitor that failed to comply from participating in future editions.
8. Return of the stand to BARCÚ. The exhibitor commits to return the stand used to BARCÚ on September 23, 2019 (provided that the day has 24 hours, the disassembling of the work can start at zero hours on September 22).
Should the gallery not meet the return date, BARCÚ will disassemble the stand of the gallery and keep the works of art in a storage room. BARCÚ will not be responsible for any damages caused to the works in this situation.
In the event that the gallery has not claimed their works one month after the return date, it will be understood that the gallery has DONATED all the works to BARCÚ and BARCÚ will dispose of the pieces in the most convenient way, with no obligation of remuneration or explanation to the gallery.
9. Good practices code. The stand must be occupied by the exhibitor during all the opening hours of the event, from the first day to the last day. It is completely forbidden for galleries to rent or share part or the entire stand with someone else, regardless of it being gratuitous or not, unless it has been previously agreed with the organizers and written in a document signed by both parties. It is forbidden to give food or beverages of any kind to the audience of the event. The gallery cannot enable the use of the stand to third parties for commercial purposes.
Paragraph one: Galleries cannot decorate or install in the stand any element that has not been included in the application, or show or exhibit logos or use signaling different to the one established by BARCÚ, unless they have express permission from BARCÚ. All the design, decoration, signaling and image of the event is under BARCÚ’S charge.
Paragraph two: BARCÚ, by means of their personnel, will inspect the stands during the assembly and development of the event, so as to verify the proper assembly of the works. Hence, the gallery commits to do or enable the required adjustments.
Paragraph three: The gallery will not be able to sell articles different from those included in their application.
Paragraph four: The gallery must provide detailed and complete information in relation to each one of the works they exhibit.
10. Confidentiality. The exhibitor understands and accepts that all the information to which he/she may have access in relation to the development of BARCÚ before, during and after it is strictly confidential, and hence cannot share this information with third parties.
11. Insurance policy. Every exhibitor must have an insurance policy covering their stand, works of art, and third party liability. BARCÚ and their sponsors will not be held responsible for any damage or loss of the goods of the exhibitors, including works of art or third parties in their stand. The exhibitor will send a copy of the insurance policy to BARCÚ in the moment they pay the amount that completes 100% of the price of the stand; in other words, not later than October 1st. If the exhibitor does not hand out this document to BARCÚ, he/she will assume complete responsibility for any damage to their work.
Paragraph one: BARCÚ will offer the possibility of a global insurance policy for the galleries, which will cover the works of each gallery in case of theft or damage; the information of the policy will be sent as an ANNEX to the contract at the moment of approval of the gallery. It will be numbered, with date, specifications of the policy, coverage, procedure, requirements, exclusions and price of the fee, among others; this ANNEX will be an integral part of the contract with BARCÚ.
12. Identification of the gallery. BARCÚ will give the gallery a tag with their identification, which he/she must hold permanently while in the facilities of the event, namely between October 23 until the date of return of the stand. Without identification they will not be able to enter the facilities.
13. Gallery’s companion. The gallery has the right to have a companion during all the time of the event; this is, from the date of assembly of the stand, to the date of return of the stand. The companion will also have an identification that he/she must hold permanently during BARCÚ. Without identification they will not be able to enter the facilities.
14. Inexistence of employment relationship. The signature of this agreement does not generate any employment relationship with the gallery or their companion whatsoever. The exhibitor holds full responsibility of any obligations with their employee or companion. The gallery is responsible for damages, accidents or controversies generated with their employee or companion; hence, the exhibitor will keep BARCÚ free of any claims, requests or suits on behalf of their employees or companions.
15. Inadmissibility of claims. The gallery renounces making claims for any concept against BARCÚ; likewise, the gallery declares that their employees, companions, agents or invitees will not make claims against BARCÚ; the gallery is fully responsible of the works they take to BARCÚ, as well as of the material goods of their companion; therefore, no companion of the exhibitor can make any claim to BARCÚ for theft, accidents, injury, losses or damages.
16. Objections. In case of controversy on the interpretation or execution of these general conditions, BARCÚ and the exhibitor will make their best efforts to solve any litigation in a friendly manner. If the dispute cannot be solved within two weeks, there will be a conciliation process between the parties in any notary’s office in Bogota that has a conciliation center. BARCÚ can turn to court. Colombian law is applicable.
17. Early termination of the participation contract on behalf of the gallery. In the event that after paying 100% of the price of the stand the gallery manifests in writing to BARCÚ that they are not able to participate in BARCÚ 2018 and hence they request the early termination of the contract, both parties agree that the exhibitor will indemnify BARCÚ for any damage or prejudice caused by said termination with 80% of the payment done. In other words, BARCÚ will reimburse the exhibitor 20% of the amount paid by the exhibitor.
18. No show of the gallery in the stand during the event. In the event that for reasons beyond the gallery’s will he/she cannot attend the event and occupy the stand that had been assigned to them, there will be no place for reimbursement of the payment the gallery had made to BARCÚ. Hence, the gallery loses 100% of the payment done.
19. Force majeure or fortuitous case. In the event that due to force majeure or fortuitous case the BARCÚ cannot take place, the applications will be cancelled and the payments done by the participants will be reimbursed, minus all applicable deductions for administrative and financial expenses (bank commissions). Each exhibitor commits to respect and assure that all their personnel respect the general conditions of BARCÚ.
20. Applicable law. This agreement will be ruled by Colombian regulations.
21. Communications. All communications mentioned in the contract will be done from the e-mail: [email protected]