TERMS AND CONDITIONS

1. Definitions 

“Organiser” means the Royal Burgh of Pittenweem Arts Festival, having a registered office at 47 High Street, Pittenweem. 

“Festival” means the Pittenweem Arts Festival.’ 

“Artist Registration Form” means the form provided by the Organiser, titled - Artist Registration Form: Pittenweem Arts Festival 2025.  

“Exhibitor” means and Exhibiting Artist, Gallery, Collective or Community Group who have registered to exhibit at the Festival 

“Exhibiting Artist” means an individual artist, ceramicist, sculptor, jeweller, potter, or any other creator of visual objects. 

“Festival brochure” means the paper publication produced by the Organiser, which includes details of each Exhibitor. 

“Festival website" means the website in the name of Festival, which contains details of each Exhibitor.  

“Gallery” means a commercial art gallery which is run for a profit, contains curated artwork and is situated within a fixed permanent building in the village of Pittenweem. 

“Collective” means a group of artists which have been working together towards shared aims and have been in existence and exhibiting professionally for at least three years.  

“Community Group” means a community-based organisation which offers community members the opportunity to create artwork through collaboration and interactions with others. A Community Group does not sell their work for profit, or if their work is sold for profit, that profit is given to charity. 

“Third party” means an artist who is not an Exhibitor, or part of an Exhibitor. 

“Registration fee” means the fee payable by the Exhibitor to the Organiser.  

“Venue” means the premises in which the Exhibitor is displaying and, where applicable, selling their work. 

2. Proof of a Collective’s existence and participation in exhibitions  

The Collective will provide the Organiser with a list of a list of events and the members who attended each event for the previous three years together with proof of their participation in all events over the last three years. Such proof will include links to their website and social media accounts which feature their participation at these events.  

3. Registration fee 

3.1  The registration fee for an Exhibiting Artist or Gallery is to be £xxx (announced annually). 

3.2 The registration fee for a Collective shall be C, calculated by the formula A x 0.5 x B = C, where A is the registration fee for an Exhibiting Artist or Gallery and B is the number of artists in the Collective exhibiting at the Festival. 

3.3 The registration fee for a Community Group shall be is to be £xxx (announced annually). 

3.4 Other than in exceptional circumstances, the registration fee is non-refundable should the Exhibitor withdraw from the Festival. The existence of exceptional circumstances is at the sole discretion of the Organiser.  

4. Payment 

The Exhibitor shall pay the registration fee to the Organiser no later than 30 April 2025. An Exhibitor’s application to exhibit at the Festival shall be refused if any part of the Registration fee remains outstanding as at midnight 30 April 2025. 

5. How the Organiser communicates with Exhibitors 

The primary means of communication that the Organiser will use with Exhibitors is email from the email address info@pittenweemartsfestival.co.uk. 

6. Organiser’s obligations 

The Organiser shall administer and put on the Festival in a manner which is in accordance with the object of the Royal Burgh of Pittenweem Arts Festival, a private limited company by guarantee. The Organiser shall: 

6.1 Feature every Exhibitor in the Festival brochure and Festival website as follows:.  

6.1.1 For an Exhibiting Artist: three images on the Festival website and one image in the Festival brochure. 

6.1.2 For a Collective: six images on the Festival website and up to two images on half a page in the Festival brochure. 

6.1.3 For a Community Group: three images on the Festival website and one image in the Festival brochure. 

6.1.4 For a Gallery: three images on the Festival website and one image on a quarter of a page in the Festival brochure .  

6.2 Make best endeavours to ensure that there is sufficient parking and other infrastructure in place for the Exhibitors and visitors to the Festival. 

6.3  Publicise the Festival to the best of their ability. 

7. Organiser’s right to amend Artist’s statement  

The Organiser is entitled to amend an Artist’s statement at their sole discretion.  

8. Rejection of applications to be an Exhibitor because images do not conform to the required specification or which are obscene

The Organiser is also entitled to reject images submitted by an Exhibitor if they do not conform to the specification required in the Artist Registration Form (jpgs images at 300dpi, measuring 100mm x 100mm or, in the Organiser’s sole opinion, they are likely to offend. Such rejection shall be without prejudice to the Exhibitor’s right to re-apply to participate in the Festival, using fresh images, always provided that such re-application is made no later than the closing date.   

 9. Exhibitor’s obligations and responsibilities 

The Exhibitor shall: 

9.1 Check for emails from the Organiser (including emails that may have gone into their Junk or Spam folder) on a regular basis.   

9.2 Act upon and respond to all emails from the Organiser in a timely manner. 

9.3 Take out adequate insurance for the loss of or damage to his or her work and in respect of his or her liabilities including (without limitation) public liability insurance for the loss, damage or injury caused by the Exhibitor’s neglect or default, providing a minimum limit of indemnity of £2,000,000 (two million pounds sterling) in respect of the Exhibitor’s participation in the Festival, which liability shall extend to the periods in which the Exhibitor is setting up and taking down their exhibition. The Organiser is entitled to demand that the Exhibitor provides proof of adequate insurance at any time.  

9.4 Not have any hazardous materials in their venue at any time during the Festival. 

9.5 Not do, cause, permit or suffer to be done anything which shall, in the opinion of the Organiser, constitute a nuisance or which would be in breach of any law, bye-law or any other relevant rule or regulation. 

9.6 Comply with all applicable health and safety and fire regulations. 

9.7 Comply with the Organiser’s Equality, Diversity and Inclusion policy. 

9.8 Act in accordance with the Festival’s Code of Conduct, which is available on the Festival website. 

9.9 Have obtained their venue owner’s permission to exhibit and sell art prior to the Festival. 

In the event the Exhibitor fails in any of these obligations and responsibilities, the Organiser, at their sole discretion, can cancel or curtail the Exhibitor’s participation in the Festival without being under any liability to refund any Registration fee paid.  

10. Prohibition against the display and sale of third parties’ work 

10.1 Where the Exhibitor is an Exhibiting Artist, he or she shall only display and sell their own work. They are prohibited from displaying or selling work created by a Third party and from allowing a Third party to display or sell their work in the Exhibiting Artist’s venue. 

10.2 Where the Exhibitor is a Collective, they shall only display and sell work of the Collective members who are registered to participate in the Festival.  They are prohibited from displaying or selling work created by a Third party and from allowing a Third party to display or sell their work in the Collective’s venue. 

10.3 Where the Exhibitor is a Community Group, they shall only display or sell work of the Community Group members. They are prohibited from displaying or selling work created by others from outwith the Community Group or from allowing a Third party from displaying or selling their work in the Community Group’s venue.  

 11. Undesirable activities 

If it appears to the Organiser that the Exhibitor appears to be engaged or intends to be engaged in activities which the Organiser deems to be contrary to the best interests of the Festival or which appear to be unethical or in breach of the law the Organiser may, without being under any liability to refund any Registration fee paid by the Exhibitor, cancel or curtail the Exhibitor’s participation in the Festival. 

 12. Sale of the Exhibiting Artist’s work 

The sale of the Exhibitor’s work is the sole responsibility of the Exhibitor.     

13. Loss, damage or theft 

All exhibits, fittings and all other materials and items brought to the Festival shall be at the sole risk of the Exhibitor. The Organiser shall not be responsible for any loss or damage or theft of such exhibits, fittings or materials and other items however caused. 

14. Use of the Festival logo and templates 

The Organiser shall make the Festival’s logo and templates available to the Exhibitor for the sole purpose of publicising the Exhibitor’s participation in the Festival. The use of the Festival’s logo and templates are at the sole discretion of the Organiser who will take the appropriate action to protect their unauthorised use.  

15. Use of the Exhibitor’s images 

By submitting images to the Organiser, the Exhibitor gives the Organiser permission to use these images (with appropriate credits) in the promotion of the Festival. 

16. Cancellation by Organiser/force majeur 

16.1 A force majeur event is any act, event or omission beyond the Organiser’s reasonable control, including but not limited to strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, public health crisis, compliance with any law or government order or regulation, accident, failure of equipment, fire, flood, lack of suitable car parking for visitors and Exhibitors, storm or default of suppliers or sub-contractors. 

16.2 Where a force majeur event occurs the Organiser reserves the right to (but shall not be obliged to) curtail or cancel the Festival. In the event the Organiser curtails or cancels the Festival, the Organiser shall refund to the Exhibitor the registration fee minus any costs and expenses already incurred by the Organiser in preparation of the Festival. 

 17. Variation and assignment 

17.1 No variation of these Terms and Conditions shall be valid unless it is agreed in writing and signed by both the Organiser and the Exhibitor. 

17.2 The Exhibitor shall not, without the prior written consent of the Organiser, novate, assign, transfer, charge, sub-contract or deal in any other manner with all or and of its rights or obligations under these Terms and Conditions. 

 18. Third party rights 

These Terms and Conditions are not intended to confer a benefit on or be enforceable by any third party under the Third Party (Contract Rights) (Scotland) Act 2017 or otherwise. 

 19. Governing law and jurisdiction 

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by Scots Law and the Organiser and the Exhibiting Artist irrevocably submit to the exclusive jurisdiction of the Scottish Courts.   

 20. The use of mediation in respect of a dispute 

No party may commence any court proceedings in relation to any dispute arising from a breach of these Terms and Conditions until it has attempted to settle the dispute by mediation and either the mediation has terminated of the other party has failed to participate in the mediation.