This Artist Consent Agreement (“Agreement”) is entered into by and between the undersigned artist (“Artist”) and www.333gallery.com (333Artdotgallery Ltd.Part.), collectively referred to as the “Parties”, as of the date of the Artist’s electronic acceptance of this Agreement.
WHEREAS, the Company operates an online art marketplace platform (“Platform”) that allows artists to exhibit, promote, and sell their original artwork (“Artwork”) to customers;
WHEREAS, the Artist wishes to register and participate in the Platform in accordance with the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Registration and Account
The Artist shall create an account on the Platform by providing accurate, current, and complete information as required by the registration process. The Artist shall be responsible for maintaining the confidentiality of their account credentials and shall be responsible for all activities that occur under their account.
Grant of License
By registering on the Platform, the Artist hereby grants the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, distribute, and promote the Artwork on the Platform and in any other marketing materials or channels used by the Company, solely for the purposes of facilitating the sale and promotion of the Artwork.
Ownership and Intellectual Property
The Artist represents and warrants that they are the creator and owner of the Artwork and have the full right, power, and authority to enter into this Agreement and grant the licenses herein. The Artist shall retain all ownership rights and intellectual property rights in and to the Artwork, subject to the licenses granted in this Agreement.
Pricing and Payment
The Artist shall determine the prices for their Artwork listed on the Platform. After a sale, the Company shall hold the payment for the Artwork until 7 days after the buyer has received the Artwork, to ensure that the buyer is 100% satisfied with the purchase. If the buyer does not initiate a return within the 7-day period after receiving the Artwork, the Company shall remit payment to the Artist, less any applicable fees, taxes, and commissions, in accordance with the Platform’s payment terms and policies. In the event of a return, the payment to the Artist may be subject to refund or adjustment, as detailed in the Returns Policy section of this Agreement.
Shipping and Delivery
Upon the sale of an Artwork, the Company shall provide the Artist with standard packing guidelines and materials for packing the Artwork. The Artist agrees to pack the Artwork in accordance with the provided guidelines to ensure the safe and secure shipment of the Artwork to the customer. Once the Artwork is packed and ready to ship, the Artist shall notify the Company by replying to the designated email, confirming that the Artwork is ready for shipment.
The Company shall be responsible for scheduling a courier to pick up the Artwork from the Artist and shall cover the shipping costs. The Artist acknowledges and agrees that the Company’s role in the shipping process is limited to providing packing guidelines and scheduling the courier service for pick-up.
Returns Policy
The Company offers a 7-day return policy for customers who are unsatisfied with their purchase of Artwork. In the event that a customer initiates a return within 7 days of receiving the Artwork, the Artist agrees to accept the returned Artwork and cooperate with the Company in facilitating the return process. The Artist understands that any payment previously received for the returned Artwork may be subject to refund or adjustment, in accordance with the Platform’s return policy and procedures.
Representations and Warranties
The Artist represents and warrants that the Artwork does not infringe upon any third-party rights, including but not limited to copyright, trademark, and rights of privacy or publicity, and that the Artwork is not defamatory, obscene, or otherwise illegal.
Indemnification
The Artist agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses arising out of or relating to the Artwork or the Artist’s breach of any representation, warranty, or covenant under this Agreement.
Termination
Either Party may terminate this Agreement at any time, with or without cause, upon written notice to the other Party. Upon termination, the Company shall promptly remove the Artwork from the Platform and cease any further use of the Artwork, and any outstanding payments owed to the Artist shall be paid in accordance with the Platform’s payment terms and policies.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement shall be resolved through negotiation, mediation, or arbitration, as agreed upon by the Parties, or, if necessary, by the courts of Thailand.
Artwork Representations and Warranties
A clause stating that the artist represents and warrants that the Artwork is their original creation, does not infringe on the intellectual property rights of any third party, and that they have the legal right to sell the Artwork on the Platform.
Commission and Payment Terms
A section outlining the commission structure and payment terms, such as when and how the artist will be paid for sold Artwork, and any fees or costs associated with using the Platform.
Artwork Listing and Promotion
A clause describing the artist’s responsibility for creating accurate and complete listings for their Artwork, including providing high-quality images, descriptions, and pricing information. This section can also outline any promotional activities or obligations the artist agrees to participate in to help promote their Artwork on the Platform.
Entire Agreement
This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether written or oral, relating to the subject matter. This Agreement may be amended or modified only by a written document signed by both Parties. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
