Terms of Service

Terms of service

Artist agreement with All Art Works for duration of ArtPrize 2022


AllArtWorks reserves the right, in our sole discretion, to update or revise this Terms of Service (TOS). Your continued use of the Site following any changes to the TOS constitutes acceptance of those changes. We will notify you of any such changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email to the last known address that you have provided us.

  1. Artist Agreement. Please read this carefully. It’s extremely boring, but it’s a contract and it is legally binding. By clicking ‘SUBMIT’ you the artist agree to this contract with All Art Works. You must agree to the contract in order for the submitted artwork to be represented by All Art Works for the duration of ArtPrize 2022.

  2. The artist (“you,” “your”) appoint All Art Works (“us,” “our,” “we”) as your exclusive agent specifically for the work(s) of art submitted through the submission form provided by All Art Works. You agree to sell this work exclusively through All Art Works for the duration of ArtPrize 2022. You also agree that only your ArtPrize 2022 entry is eligible for this service.

  3. If after the conclusion of ArtPrize 2022 the artwork does not sell, you are responsible for retrieving the work. You understand that sales of your piece open at 10:00am EDT on September 15th 2022 and close at 11:59pm EDT on October 2nd 2022, which is the duration of ArtPrize 2022. This contract terminates at the conclusion of ArtPrize 2022.

  4. If your work sells, you agree to allow an All Art Works representative to retrieve your work from the venue where it was displayed for the duration of ArtPrize 2022. You agree not to remove the work yourself or to allow anyone other than a representative from All Art Works to remove the work.

  5. All Art Works can decide in its sole discretion if the work is too large and/or too heavy to retrieve and to store.

  6. If All Art Works decides that it cannot retrieve and store the work we will notify you and the buyer, and you agree to coordinate with the buyer for removal of the artwork from the venue, and All Art Works bears no further obligation whatsoever to the sold artwork.

  7. We are not responsible for loss or damage to your artwork during its presentation at the venue for the duration of ArtPrize 2022.

  8. If the artwork sells, the artist will receive 70% of the value declared by the artist in the submission form provided by All Art Works.

  9. By agreeing to this contract, you give All Art Works the right to sell your artwork to anyone that we see fit.

  10. You agree to allow All Art Works to show the selected artwork online and/or in printed format, but we are not obliged to do so.

  11. All Art Works reserves the right to terminate the relationship with you, the artist, at any time for any reason or no reason at all.

  12. All Art Works is not obliged to disclose the identity of anyone who purchases your artwork if the buyer wants to remain anonymous.

  13. You give All Art Works permission to photograph and share the image of your artwork in promotional materials, both digital and physical formats, and in any way and with whomever we see fit.

  14. You understand that participation in this program does not constitute acceptance into the juried portion of our site. In order to be represented by All Art Works as an artist accepted through the jury process, you must submit your work to our platform via the submission page which can be found here. Please read all instructions and parameters carefully.

  15. By agreeing to this contract, you acknowledge that you may become aware of confidential or proprietary information (“Confidential Information”) relating to our business venture and services. Such Confidential Information may include, but is not limited to, details concerning our platform, our submission process, our sales process, and the identities and contact information of our artists, buyers, and vendors. You agree to not use or disclose any such Confidential Information to any third-party at any time, except as may be needed as part of the selection and sale of your artwork by us. You also agree that your obligation to keep this Confidential Information confidential shall continue past the term of this Agreement and shall continue indefinitely.

  16. You also agree that you will not, in any way, directly or indirectly, either through yourself or an entity in which you may be an owner, member, employee, contractor, or hold any interest, solicit, induce, contact, influence or attempt to solicit, induce, contact, or influence any of our existing or prospective artists, buyers, or vendors regarding services which are, or could be, in competition or conflict with our services.

  17. You also agree that you will not, during the duration of this contract and for a period of 1 year after the termination of this contract, engage in any pursuit that is in competition with our business or the services we offer, in any geographic location where we offer physical showings or online. You agree that this prohibition is reasonable and warranted given the uniqueness of our services and how we conduct our services through our online platform. - IN CASE YOU WERE WONDERING, THIS LINE ITEM DOES NOT IMPACT YOUR ABILITY TO SELL YOUR ARTWORK AFTER TERMINATION OF CONTRACT. THIS PROTECTS US FROM SOMEONE STEALING OUR BUSINESS MODEL AFTER TERMINATION OF CONTRACT...

  18. Although we may place a watermark on the image of your artwork displayed online in order to help protect your copyright interest, you hereby waive and release us from any and all liability for copyright infringement or unauthorized reproduction of your artwork by third-parties who visit the website or utilize any of the platform’s functionality.

  19. Our failure to enforce any term of this contract shall not be deemed a waiver of the enforcement of that or any other term of this contract.

  20. INDEMNIFICATION & GOVERNING LAW

    A. INDEMNIFICATION - Artist hereby agrees to indemnify and hold All Art Works and its trustees, officers, members, employees, staff members, students, volunteers, and agents harmless from and against any and all costs, expenses, claims, losses, lawsuits, causes of action, and damages (including, but not limited to, all actual attorneys’ fees, costs of litigation, alternative dispute resolution, arbitration, mediation, settlement, judgment, interest and fees, as well as costs of investigation, credit monitoring, and notification in the case of a breach of any confidentiality obligations) arising out of or resulting from this Agreement.

    B. GOVERNING LAW - This Agreement shall be governed by the law of the State of Michigan without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction.