Terms and Conditions

by Calavera Gallery

Definitions

(E) “Exhibitor” means the identified applicant in the front of this document; (M) “Show” means the specific exhibitions or identified conferences in the front of the present document; (C) Calavera Gallery, their agents, employees and affiliates; (E2) “Exhibition space” means the space / land assigned by Calavera Gallery to the exhibitor where the exhibition takes place, their employees and agents; and (S) “Salon” means the installation where the exhibition takes place.

Agreement

This request, when is correctly executed by the exhibitor and previously accepted by Calavera Gallery, must constitute an agreement of valid license and binding. Calavera Gallery reserves the right of interpret this agreement and adopt other regulations that consider necessary for the general success of the exhibition, including the conditions, rules and norms that are detail in this document, in the service manual for exhibitors, in the sponsorship material and in the room management contract, to Calavera Gallery is or will be part of all the points that take place in the present document, and the exhibitor agree to be bound by it.

Use of spaces

Calavera Gallery reserves the right of decline, ban or expel any exhibition or article or feature of the same that, at its criteria is inappropriate or is out of reach of the character of the exhibition, since this reserve include all the people, things or printed material, product, conduct, level of sound, etc. The exhibitor understand that only the approved artwork by Calavera Gallery, in its whole judgment, can be exhibit. The artworks not approved by Calavera Gallery for any motive cant enter or stay in the salon facilities. The distribution of advertisement material and the applications of any type will be limited by the exhibition space of the exhibitor.
From the exhibitor, the exhibition or the products can’t extend beyond de limits of the exhibition space and none part of any exhibition or product that can extend to any aisle. No exhibitor can organize their exhibition to hide o prejudice the adjacent exhibitor.
All the demonstration by part of the exhibitor should be located so that the crowds gathered are inside the space of the exhibitor and no blocking any aisle or near exhibition. No exhibitor should assign, sublet or share any part of his exhibition assigned space. Any space no taken by the exhibitor by the moment established for the completion of the installation; the amount of spaces will reassigned at judgment of Calavera Gallery and in which case, all the amounts donated by the exhibitor will be lost.
The exhibitor commit to maintain the exhibition open and attended in all time during the hour of the show. The breach of the norms and regulations of the agreement and according to the stablished in the service manual or the exhibitor will result in the disturbance or removal of the exhibition space at the expense of the exhibitor. The rental rates by exhibition services and spaces are no refundable. The exhibitor will be bound by all relevant laws, codes and regulations of the municipal authorities or other kind, that have jurisdiction over the salon or the conduction of the exhibition with the norms and agreements adopted by Calavera Gallery. All the licenses of the exhibition space and any other additional charge must be covered in full before the exhibition.
The services included in the exhibitor license rate are based in the package option of exhibition spaces specially selected by the exhibitor. All the assignation standard are only determined by Calavera Gallery. The exhibition must have a uniform appearance. Any alteration in the structure of exhibition space must be approved by Calavera Gallery and will be in charge of the exhibitor.

Change of space

Calavera Gallery will have the right, at its exclusive criteria, of change the assignation of the exhibition space after de acceptance of the agreement if it is considered that is in the best interest of the exhibit. In the event, Calavera Gallery chose to exercise its right of change expositor exhibition space, the exhibitor will be notified of their recently assigned space. Calavera Gallery will make a reasonable effort to guarantee that any relocation that take place will be to an exhibition space with the same general style and size as the original exhibitor space. If, in opinion of Calavera Gallery, is necessary a reduction of the exhibitor exhibition space, Calavera Gallery is not obligated to make any kind of refund to the donation. The exhibitor recognize that the dates and/or location of the event may be subject to changes.

Cancelation/reduction of space

In case that the exhibitor looks for cancel the license for his exhibition space, remove or reduce their space requirements of the exhibition, the exhibitor recognize that Calavera Gallery is not in conditions of refund by any motive the donations previously made.
In case that the exhibitor doesn’t make de punctual donations than are contemplated in the present document, the exhibitor will be considered in non-compliance. Calavera Gallery will have the right to hold back the exhibitor donation and all that he has donated, thus, it reserves any and all the rights according to law, including, without limitation, the right of Calavera Gallery to retain the total donative. In case of non-compliment by part of the exhibitor, Calavera Gallery will have the right but not the obligation, of bring the space license to another exhibitor. Under none actual circumstances the donative will be transfer to another event.

Cancel of the exhibition

Under none circumstance Calavera Gallery their agents or representatives will be responsible of the exhibitor compliance of this agreement if lack of delivery of the exhibition space is due to any of the following causes: by reason for fire, public enemy, terrorism, war, insurrection, strike, law authority, postponement or cancelation or the event / exhibition or for any other cause out of control of Calavera Gallery. The exhibitor can obtain, by his own means, an appropriate insurance suitable against any risk of lost associated to the event cancelation, postponed, reprogramed or relocated. In case the event is canceled, postponed, reprogramed or relocated by any motive out of Calavera Gallery control, the exhibitor must remain under this agreement. Calavera Gallery won’t make refunds or credits. Calavera Gallery, any of their agents or representatives, in the case event/show cancelation by any circumstance out of control. Calavera Gallery, UNDER ONE CIRCUMSTANCE, WILL BE RESPONSIBLE OF ANY LOST IN BENEFITS, LIST OF BUSINESS, INTERRUPTION OF COMERCIAL DAMAGES DIRECT OR INDIRECT, SPECIALS, INCIDENTAL OR CONSEQUENT RESULTS OF ANY TYPE NON-COMPLIANCE OF THIS AGREEMENT, EVEN IF THE DAMAGE PART HAS RECOMMENDED TO THE OTHER PART THE POSSIBILITY OF THE LOST.

Facility protection

It should not be placed, pasted, stapled, nailed or tied in any other way to the columns, walls, floor or any other part of the exhibition space without the consent of the appropriate construction authority. Fluids, caustics or stain, must not be use where it can damage the floor coatings. The packaging, unpacking and assembly of the exhibits will be carried out only in designated areas and in conformity with the exhibition administration instructions, the salon manager or their assistants. The exhibitor must nor damage, mistreat or hurt in any way the salon installation. The exhibitor won’t paint or apply any permanent coverage in any wall, floor, celling or other area of the salon installation or their furniture or accessories. The exhibitor recognizes that Calavera Gallery reserves the right to ban all people and properties of the installations and locals that no comply with the norms of the salon without need to appeal to any legal procedure.

Assembly and disassembly

The assembly and disassembly will be done by Calavera Gallery following the guides and requirements of each art fair. The requirements of time and form for the assembly of the show in the exhibition space will be checked via email to the exhibitor.

Responsibility

Calavera Gallery will not accept any responsibility for the safe and wellness of any art, propriety or product consigned in the property of any exhibitor during the exhibit. Calavera Gallery will not accept any responsibility or obligation for change in dates and/or relocation of the exhibit, will not be responsible for lost or damage of the exhibitors or goods than belong to the exhibitor or than has been sent to the exhibitor either fire result, storms, water, air conditioner or fail in heating, stole, theft, terrorism acts, mysterious disappearance, bomb threats or other causes. All such items are taken to the exhibition and are shown under de risk of the exhibitor, and must be protected at all time. Exhibitor agree that Calavera Gallery, their representatives, employees and agents will not be responsible for any injury, lost or damage that can happen to the exhibitor, to the employees, agents, guests or property of the same of any cause, before or after the period covered by this agreement. The exhibitor assumes and accord indemnify, defend and maintain Calavera Gallery, their affiliates and their respective employees and harmless agents of and against any claim or expense that arises from the ejection of this agreement, the use of exhibition locals or acts, omissions or negligence from the exhibitor their employees, agents or contractors, in reason of personal injuries, dead or damages to the property or any other cause of sustained action by any person or others. The exhibitor assumes all the responsibility for lost, damages and reclamations derivate from lesions or damages caused by the exhibitor exhibitions, teams, employees or representatives. In none case, Calavera Gallery or ant of their affiliate will be responsible of any special, incidental damage, indirect, punitive or consequent that arise in consequence of or in connection with this agreement. The responsibility of Calavera Gallery, the administration, their affiliates and the remedy of the exhibitor by any claim of lost or damage that arise from or related of this agreement.

Move of the exhibitor / Move

The movement of the exhibitions inside and outside the salon must be controlled by Calavera Gallery guiding the exhibitors until their exhibition space where the exhibitors will take charge of the installation of their work. It will not be allowed the exhibition inside or outside de salon without the official authorization of the salon. The exhibitor must make his own arrangements for the transport of exhibitions and packing materials. Calavera Gallery can’t accept or sign to expose in the name if he exhibitor. The schedules of the move and exit and access out of hours are limited to the described in the exhibitor service manual. In that moment after de closing of the exhibition show how management of the demonstration can specify or before the end of this agreement, all the exhibition will be will be removed and eliminated from the exhibition space and vacant position from the exhibit the space will be delivered to Calavera Gallery in the same order and condition of cleaning that was presented to the exhibitor. The exhibitor will pay the cost of the reparation of any damage caused in the exhibitor installation and/or contractor. Any property of the rest after the last designed day for its elimination can be retained or eliminated by Calavera Gallery or management of the rooms at expense of the exhibitor. No work can be taken during the exhibition, if not until the end of the event. Or in the non-compliment of some of the previous specification of sanction, Calavera Gallery can remove the works at any moments without exhibitor consent.

Security: Transport and insurance of the work

The transport of the exposition is responsibility of the exhibitor (a) and must be delivered in the gallery in advance of the opening date. In case the exhibitor wants to ensure his work, he must do it by his own.
The gallery doesn’t take responsibility for the deteriorations that can take place by an accident, theft, fire, attempt, etc., then can end in damages of the works or total or partial destruction of the same.

Security

The exhibition space shouldn’t block the exhibit access or exits. The exhibitor must cooperate responsibly with the locals. Management ordinances and norms of pavilions in terms of health, fire prevention and public security. If the inspection of exhibitor exhibition space reveals a breach of any law, code or applicable regulation, or if Calavera Gallery determine that all or part of an exhibition presents a risk of fire or other danger. The management of the demonstration can cause the elimination of all or a part of the said exhibition at the expense of exhibitor. Under no circumstance, the weight of ant equipment or material can exceed the maximum capacity.
The exhibitor recognize that Calavera Gallery reserves the right of remove all the people and exhibition properties without the need to appeal to a legal procedure and in any moment can be expelled, otherwise, the salon dissident person including the installations. Exhibitor, abandon any right or reclamation for damages related to the exercise by part of Calavera Gallery in this right.

Assistance

The salon administration will have the exclusive control over the admission politics at all time.

Rights of recording and video recording; Electronic messages: photographs, moving images and/or video

The recordings can be done in the exhibition space, can include images of the exhibitor, their employees, agents and related represents. Goods and displays. The exhibitors can’t block, obstruct or interfere in any way with such photographs or recordings either by part of Calavera Gallery agents or their agents, and by this mean consent the use by part of Calavera Gallery such recording for business purposes. In relation with other provisions of this paragraph, the exhibitor grants to the gallery management a nonexclusive service, world license without right, revocable and without copyright (without right to his license) to use the registered brands, in exhibitor services. Brands, logos, commercial names, content whit copyrights, hypertext links, domain names, icons, buttons, banners, graphic archives and images. By providing to show management the email directions set int the first page of this agreement, the exhibitor compromise to: receive commercial email messages unsolicited from, their affiliates and partners, as well as third parties with license to send such messages to the exhibitor by any of the previous.

Exposition activities

The exhibitor compromises to not schedules or make any external commercial activity, including, among others, to, receptions, seminars, symposiums and hospitality suits before, after or during the exhibit, either such activities are made far from the exhibition facilities.

Mistakes and omission

The exhibitor accepts that Calavera Gallery will not be responsible in case of mistakes or omissions. In the online fair catalog directory or in any related material. The exhibitor recognizes and accept that Calavera Gallery doesn’t make any guarantee related to the number of assistants to the exhibition or the demographic nature of such assistants. The exhibitor will be responsible of the entrance content or any other claim damage through the publication of the same.

Assignation

This agreement can’t be assigned, in its whole or in part, without the approval of Calavera Gallery. Can assign this agreement without the prior written consent of the exhibitor.

Divisibility

If, by any reason, a court of competent jurisdiction determine that any disposition or part of this agreement are no demandable, this disposition will be applied in the greatest extend possible to affect the parts intentions, and the rest of the agreement will continue in full validity.

Costs, expenses and lawyers’ fees

If any of the involved parts starts an action or procedure against the other part to enforce or interpret this agreement, the wining part in such action or procedure will have the right to recuperate from the other part the real costs, expenses and lawyer fees (including all the costs and related expenses) what is incurred such prevail part in connection to such action or procedure and relate to the ejection and obtention of any fail or order thus acquired.

Sponsorship agreement

All the rules and regulation of all the applicable sponsorship agreements and the related material that are here. Incorporate in the present agreement.

Additions and corrections

Calavera Gallery can modify this term occasionally for the best interest if the exhibition without prior written notice the exhibitor. The exhibitor commits to accept the addition notification or amendments already consider as part of this agreement.

Authenticity

In case the authenticity over any artwork is place during the course of the exhibition, Calavera Gallery reserves the right that such work will be withdraw from the exhibition unless the exhibitor can provide an adequate origin to Calavera Gallery in its entire discretion for the work in question. All these decisions are at exclusive discretion of Calavera Gallery. The exhibitor is strictly responsible for the authenticity of the artworks than are display or sold at the exhibition. The exhibitor will indemnify and maintain Calavera Gallery against any claim made respect the authenticity of any work, respect to any misrepresentation or any irregularity made in respect the sale of any artwork from the exhibition, as well as the incurred expenses made by Calavera Gallery, including all the lawyers’ fees. Exhibitors are bound to comply all the copyright laws. No article that infringe copyright can be sold or offered for sale in the fair. The sale of the articles that infringe copyright is an important non-compliment or this agreement. The suspicious infringing articles are subject to seizure by part of Calavera Gallery (at its entire discretion) and will be carry out during the duration of the show. The repetitive violations of this prohibition are motives for close of an exhibition. No refunds will be paid if a stand is close due to the sold of offender artwork. Calavera Gallery is not responsible to the exhibitor for any refund or any other way of seizure of works allegedly infringing or the close if a stand based in copyright reclamations. The exhibitor commits to indemnify and keep the management free of damages, costs, expenses (including reasonable lawyers’ fees), sentences and/or agreements. Where the management incur as a result that states that the exhibitor is selling infringing artwork.

Restrictions

No exhibitor can place any external material to the designed space.

General

The special exhibition insights must be carried by the exhibitor personal. All the verbal agreements, individual and special permissions. The arrangements must be confirmed in writing. Food will not be allowed outside the designed areas to eat.

Violation of the rules. Can carry to exhibitor expulsion without refund. Posters and banners will not be placed beyond the exhibitor stand limits. Unless it was allowed in advance and by written by Calavera Gallery. The exhibitor must remain with all the illustrations and/or his freight until the designed sender has remove the same for the facilities.