Terms and Conditions

These terms and conditions relate to Superfine! Art Fair’s Exhibitor Application + Contract, which are also listed within the contract itself.

The Fair Exhibition

  • Superfine Industries (Organizer) will produce and market a professional art fair in the city or cities you have indicated in your Contract according to industry standards of production (hard wood walls, exhibition lighting of reasonable or better quality and luminosity), generally featuring anywhere from 30 to 100 exhibiting artists. Number of exhibitors is not material nor a condition of participation. Anything not listed herein is not material nor a condition of participation.

  • "City or cities you have indicated" is defined as an Indoor or Outdoor (covered) venue with reasonable protection from elements, located within 25 miles of the center of the city for which the event is named and for which you (Exhibitor) have indicated on your Contract. Exact venue location is not a condition of participation, though Organizer will seek out easily accessible, high quality venues that suit all local health + safety regulations.

  • Exhibitor agrees to abide by all regulations and requirements set forth by Organizer in this Contract as well as before and during the Event.

Multiple Fairs / Multiple Exhibition Booths

This Contract allows for you (Exhibitor) to agree to exhibit at multiple Events produced by Organizer, and to identify your preferred Exhibition Booth for each Event.

  • Once Accepted by Organizer, this Contract becomes effective for all Events/Fairs that you (Exhibitor) agree to herein and you are then subject to performance which is defined as:

...1) Appearing at and Exhibiting artwork at all Events/Fairs you (Exhibitor) indicate herein. This obligates you to only Exhibit at the Events/Fairs that you indicate, *not* all of the Events/Fairs offered by Organizer.

...2) Making Exhibition Fee payments on time, as agreed to within this Contract and/or in conversation with Organizer's representative(s).

Any enticement offered by Organizer to incentivize Exhibitor to Exhibit in multiple fairs/events is considered to be an Expiring Offer, expiring at the time indicated by the Organizer. This hypothetical offer is not construed to be a Guaranteed rate, and is not material to this Contract.

Flexible Event Dates

  • Event dates are considered to be flexible, to the degree indicated hereafter. If Organizer deems scheduled Event/Fair date(s) to be an unsafe or otherwise unwise date(s) on which to produce the fair, Organizer retains the right to postpone the fair. Organizer will notify Exhibitor via email prior to the original event dates. This Event Postponement does not absolve Exhibitor of their duty to pay Exhibition Fee in full, or appear in person at the Event/Fair at its new Postponed dates.

  • Organizer may choose to postpone the dates of the Event/Fair to any four or five day period including a Saturday and Sunday in the 24 months following the original event dates. This Contract is still considered to be effective, and both Organizer and Exhibitor agree to uphold its terms whether or not the Event is postponed.

  • Should new, updated Event date(s) prove inconvenient to Exhibitor, Organizer will make a good faith effort to reposition Exhibitor to a comparable Exhibition Booth at one of Organizer's other events in the subsequent 24 month period, either in the original city indicated by Exhibitor, or at one of Organizer's Events in a different city. Should Exhibitor not take Organizer up on its offer to reposition Exhibitor, Exhibitor willingly forfeits all deposits made up to that point.

Application Acceptance and Binding Contract

  • Organizer shall be the final judge of all applications and will select Exhibitors at its sole discretion. Exhibitor understands that once Organizer approves and accepts this application via written email or otherwise, this application is a binding contract and confirms that all Exhibitor’s work to be displayed at the event is authentic. The Organizer may refuse or cancel an Application/Contract at its sole discretion. In the event of fraudulence or false information presented by the Exhibitor, the Organizer may reallocate wall space previously assigned to the Exhibitor and the Exhibitor shall remain liable for full wall space payments and any other costs incurred by the Organizer.

Conditions of Payment

  • Exhibitor must submit a $300 deposit to Organizer for Exhibitor's application to be considered. If Organizer denies Exhibitor's application, Organizer will initiate refund of the $300 deposit minus any bank fees to Exhibitor within 5 business days. If Organizer accepts Exhibitor's application, Exhibitor's $300 deposit will be applied to Exhibitor's total Exhibition Fee. If Organizer accepts Exhibitor's application via written email confirmation, but Exhibitor does not submit the next payment within three days of Organizer's written application acceptance, Exhibitor shall forfeit the $300 deposit.

  • Contingent upon acceptance, Exhibitor is required to submit payments by the agreed upon schedule indicated in this application, corresponding to the remaining total cost of exhibiting. The first of these remaining payments must be submitted by the Exhibitor within three days of application acceptance notification by the Organizer. If payments are not submitted by Exhibitor according to the agreed upon schedule, a daily late fee will be applied to the balance ($2/foot/day late).

  • Once received, all payments are non-refundable. Exhibitor agrees to pay Organizer the full fee set forth within the agreement, as well as for any additional furnishings, add-ons, or requisite fees as presented by the Organizer upon Exhibitor’s acceptance. Failure to remit payment shall result in the Organizer’s right to reallocate wall space to another Exhibitor prior to or during the Event. Exhibitor is fully responsible for the total payment fee and shall under no circumstances request to transfer partial payment to future events or attempt to reduce contracted wall space to mirror partial payment.

Cancellation Policy

  • Upon Organizer's written acceptance of this application, this contract is not subject to cancellation except by mutual written agreement by Exhibitor and Organizer. Exhibitor understands that cancellation causes irreparable harm to the Organizer including but not limited to: difficulty with printed materials, retracting previous public relations and marketing statements and outreach, loss of prestige and credibility, damage to the Organizer’s ability to “curate” the exhibition, and additional marketing expense to seek a replacement exhibitor. For these reasons, the following cancellation clause is in effect upon Organizer's acceptance of the application. Any cancellation request received on or before ten days after Organizer's written acceptance of the application will result in a forfeiture of the $300 security deposit and any other deposits made at that point. Any cancellation request received more than ten days after Organizer's written acceptance of the application will result in a forfeiture of the full payment of fees to the Organizer, and Exhibitor will be liable for the complete sum of booth fees indicated in this application. The Organizer may refuse an Exhibitor’s cancellation request at its sole discretion. The Exhibitor shall be liable for all of the Organizer’s costs of collection and reasonable damages including but not limited to attorney fees and all costs of legal proceedings.

Wall Length Variance

  • Organizer will deliver Exhibitor (you) an Exhibition Booth consisting of exhibition wall/walls of at least the size indicated on this Contract; except for a 6 inch possible variance in the total lateral length of the wall(s) (see below). Walls' vertical heights will be at least 10 feet from base to top wall, except for in Los Angeles where they will be at least 9 feet from base to top of wall.

  • For safety and logistical reasons, Organizer may sometimes be forced to deliver walls at up to 6" shorter lateral length than indicated. This is considered an acceptable variance and will not be considered material.

  • If the wall(s) are delivered at a lateral length in excess of the size specified by Exhibitor, this is considered an acceptable variance and will not be considered material.

  • If the wall(s) are delivered at a vertical height in excess of the size specified in this Contract, this is considered an acceptable variance and will not be considered material.

Wall Configuration and Allocation

  • While Organizer will make every reasonable effort to deliver the configuration of exhibition wall(s) that you indicate as your preference, Organizer reserves the sole right to update the configuration of the wall(s) due to safety, regulations, or any other reason, at any time prior to the start of the Event.

  • Allocation of wall space is granted at the sole discretion of the Organizer. Organizer reserves the right to change the allocation of wall space and to alter the layout/floor plan at its sole discretion, prior to and during the Event. The Exhibitor agrees that their participation is not conditional on a specific placement within the fair and that any discussion otherwise is not binding.

Booth Appearance, Alteration, Installation, and Dismantling

  • The Organizer agrees to provide matte grey or white painted walls within the Event space to all accepted Exhibitors who purchase wall space. Exhibitors are responsible for removing all hardware (screws, nails, brackets, etc.) and filling in holes upon completion of the Event. The Exhibitor understands that it is the Organizer’s sole discretion to determine if additional fees are required by the Exhibitor to cover repairs and repainting beyond the original scope of repainting services outlined by the Organizer.

  • All hanging of artwork will be done by Exhibitor; there will not be any hardware, tools, or ladders available in addition to what you bring yourself. Please keep in mind as you are planning your exhibition that walls will be painted matte grey or white, and Superfine! will be labeling all artwork and price tags so there is consistency within the fair.

Electrical Services and WiFi

  • The Organizer will use their best efforts to provide electrical service, but is not liable for any interruption of electrical service, and cannot guarantee electrical service to all areas of the event space due to structural and wiring limitations. Under no circumstances is an Exhibitor to install or arrange for his/her own electrical service without prior written consent of the Organizer.

  • The Organizer will use their best efforts to provide complimentary Wi-Fi throughout the event space, but is not liable for any interruption of service, and cannot guarantee Wi-Fi to all areas of the event space. Under no circumstances is an Exhibitor to install or arrange for their own Wi-Fi service (outside of setting up a smartphone hot spot) without prior written consent of the Organizer.

Co-Exhibiting, Subletting, and Designated Representatives

  • No Exhibitor may sublet wall space allocated by Organizer entirely or partially, nor may the Exhibitor permit another party to conduct business, manage, or represent wall space without prior written consent of the Organizer. Consent may be granted or withheld at the sole discretion of the Organizer. Exhibitors and Articles of Exhibit other than those specified on the Exhibitor Application/Contract may not be shown within the Event space without prior consent of the Organizer.

  • Before, during, and after the Event, Organizer will communicate with one designated representative per booth. For artist Exhibitors, this must be the artist themself - no third party intermediary/representative. For gallery Exhibitors, this may be the gallery director or an appointed representative.

Attendance, Sales, and Exhibition Activity

  • The Organizer shall have sole control over admission policies for the Event. Any attendance inquiries or requests from the Exhibitor must be approved by Organizer.

  • Exhibitor is responsible for hanging their work and selling their work within Event hours open to attendees. We recommend Exhibitors attend their exhibition booths as much as possible during the Event time for optimal sales and contact generation. Organizer will not be held liable for any loss of sale due to Exhibitor's absence or any other reason.

  • Exhibitor shall not schedule or conduct commercial activity, such as seminars or receptions, without prior written consent of Organizer.

Photo/Video Recording and Marketing

  • Exhibitor may not interfere with photography or video recordings by Organizer and Organizer’s agents. Exhibitor consents to Organizer’s use of photographs and video recordings for commercial purposes, including but not limited to marketing material and social media. The Exhibitor hereby grants the Organizer permission to use the Exhibitor’s logo, images, social media handles, graphics, domain names, banners, and trade names, and understands the Organizer’s use of the aforementioned proprietary information shall be used for the express purpose of promoting the event and the Exhibitor’s work.

  • Exhibitor understands that information provided on this Application shall be used for marketing purposes by Organizer. In conjunction with Exhibitor’s Event participation, Organizer agrees to leverage their marketing capabilities in order to showcase the talents of the Exhibitors. As such, Organizer may request Exhibitor to furnish images to be utilized for commercial purposes. Exhibitor understands that if requested images or information is not furnished within the timeframe specified by Organizer, they may potentially forfeit their opportunity to be included in marketing material, show programming, and other critical Event collateral. It is the sole responsibility of Exhibitor to furnish requested images and information to Organizer, and Organizer shall not be deemed liable for any perceived damage resulting from exclusion from marketing material.

Exhibitor Relationship Exclusivity

  • Superfine! exhibiting dealers, curators, galleries, and other aggregate Exhibitors may not represent or exhibit in any way the artwork of Superfine! exhibiting individual artists for a period of 12 months from the date of the close of the respective Event of which both parties are part, without the express written permission of Organizer. This provision is put in place to have a transparent level of communication between Exhibitors and Organizer, and to protect the mutually valuable long term relationships that Organizer cultivates with Exhibitors at all levels.

Insurance, Liability, Safety, and Security

  • Exhibitor may independently obtain insurance coverage for loss or damage to any property and/or artwork. In any event, Exhibitor assumes all risk of loss or damage to any of property and/or artwork. The Organizer and Event venue will not be liable for any direct, incidental or consequential damage or loss incurred to the Exhibitor themselves or to the Exhibitor’s property or artwork arising in any way from or connected with Event participation. These reasons include but are not limited to fire, theft, burglary, breakage, leakage and water damage, terrorism, Acts of God, transport to and from the venue, or acts of negligence on part of Organizer or its agents, venue staff, Organizers' subtractors, other Exhibitors, event visitors, or anyone else.

  • Exhibitor attests that all material brought to the Event space is within fire and safety codes. Organizer retains the right to remove any item that impedes attendee, employee, and agent safety or impinges on safety regulations. Organizer retains the right to remove any persons or property from the Event space.

  • Organizer agrees to provide a security guard for all open hours of the Event as an amenity. The security service patrolling the Event venue does not guarantee Exhibitor against loss, theft or vandalism, and does not imply an assumption of liability for loss, theft, vandalism, or destruction of any of the Exhibitor’s property or injury to the Exhibitor and any of the Exhibitor’s corresponding agents, personnel, or employees.

SMS Communications

  • By providing your phone number, you consent to receive SMS messages from Superfine regarding opportunities, updates, and important information. We will not share your number with third parties, and you can opt-out of SMS communications at any time by replying "STOP" to any message.

Jurisdiction, Venue, and Legal Fees

  • Both parties agree to be governed in this Contract by the jurisdiction of the county of New York, in the state of New York. In the event of a dispute, both parties agree to seek arbitration in New York County, in the state of New York. Any further disputes will be settled in a court in New York County in the state of New York.

  • In the event of a dispute, the losing party agrees to pay 100% of the winning party's legal fees associated with the dispute.