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MIAMI BEACH 2015
BREEDER PROSPECTUS
MIAMI BEACH 2015
TABLE OF CONTENTS
02
Press Release
03
Exhibitor Application Checklist
04
Application and Agreement
05
Proposed Artists & Works
06
Deposit
07
Application and Agreement: Acceptance
8-14
Application and Agreement: Terms and Conditions
15
Contact
MIAMI BEACH 2015
DECEMBER 1 - DECEMBER 6
SCHEDULE
PLATINUM FIRST VIEW
Tues
Dec 1
12pm - 4pm
Platinum VIP card holders only
VIP | PRESS PREVIEW
Dec 1
Tues
4pm - 8pm
VIP card holders + Press only
SCOPE MIAMI BEACH CELEBRATES
15th ANNIVERSARY EDITION
SCOPE Art Show returns to the sands of Miami Beach for its 15th
anniversary edition, amidst tremendous support from the City of Miami
Beach, an unprecedented outpouring of critical acclaim from press,
curators and collectors, and a digital and social media outreach
campaign that garnered over 300 million impressions, including praise
in The New York Times, Forbes, Artnet, Artinfo, The Huffington Post
and The New York Post, amongst other publications.
SCOPE Miami Beach’s monumental pavilion will once again be situated
on historic Ocean Drive to welcome 45,000 visitors over the course of
6 days. Over 125 international Exhibitors will present groundbreaking
emerging work, alongside SCOPE’s Breeder and Featured Programs.
SHOW TIMETABLE
Wed
Thurs
Fri
Sat
Sun
Dec
Dec
Dec
Dec
Dec
2
3
4
5
6
11am
11am
11am
11am
11am
-
8pm
8pm
8pm
8pm
8pm
ADMISSION
Free for VIP cardholders
First View
Public
Student
Tues
Wed - Sun
Wed - Sun
$150
$35
$25
LOCATION
SCOPE PAVILION
1000 Ocean Drive
Miami Beach, FL 33139
SCOPE Miami Beach opens to VIPs and Press on Tuesday December 1,
for its Platinum First View and Preview events; the show will run
December 2 -6, 2015.
With over 75 art fairs spanning more than 15 years, SCOPE is celebrated
as the premier showcase for international emerging contemporary art
and multi-disciplinary creative programming. Renowned for its
uncanny ability to forecast new visual trends that are embraced
globally, SCOPE Art Shows garner extensive critical acclaim and over
500 million annual impressions across print, digital and television. With
cumulative sales well over one billion dollars and attendance of 1.2
million visitors, SCOPE Art Show is the largest and most global
emerging art fair in the world.
SCOPE taps into the cultural psyche to present only the most
pioneering work across multiple creative disciplines. With over a
decade of critically acclaimed art fairs and non-profit initiatives
that extend beyond the ordinary in contemporary art.
For PR & more information contact: [email protected]
FOR MORE INFORMATION ABOUT OUR
EXHIBITORS AND SCOPE PROGRAMMING VISIT:
SCOPE-ART.COM
MIAMI BEACH 2015
EXHIBITOR APPLICATION CHECKLIST
ITEM
CHECK
Application and agreement
Applicant must complete, initial, and sign in entirety:
Application and Agreement
Deposit Requirements
Terms and Conditions
List of Proposed Artists
Please list all proposed artists and titles of proposed pieces.
Images
All images of proposed artists’ works must be in JPG format with
a minimum 2048 pixel length on shortest side or 10x8” at 300ppi.
Image file names must reflect the following format:
Gallery-Name_Artist-Name_Title_Year.jpg.
Deposit
A USD $3,000 refundable deposit is required. Please see the
Deposit Requirements Section for more information. Please be
advised that no applications will be processed without a deposit.
03
MIAMI BEACH 2015
Application and Agreement
Please Fill in Below
REQUIRED
This Application/Agreement (the “Agreement”), when countersigned by both parties, becomes a binding agreement regarding participation in the Exhibition known as SCOPE Miami Beach 2015 (the “Exhibition”). In order to be considered Application/
Agreements and deposit should be returned to SCOPE Art Fair by May 21, 2015 at the address set forth on the signature page of
this Application/Agreement. An Application/Agreement received after this date will not guarantee consideration or placement
due to space availability. The Exhibition is scheduled to take place at 1001 Ocean Drive, Miami Beach, FL 33139, USA, during the
dates of December 1-6, 2015.
The below information format will be used for all marketing.
LEGAL ENTITY NAME | FULL GALLERY NAME
DIRECTOR ASSISTANT
DIRECTOR NAME
ADDRESS
CITY
STATE
Country
ZIP/POSTAL
EMAIL
PHONE #
Web Address
SOCIAL media HANDLEs
Booth Request
Booth Rental Price includes: 3.25m high (10.7 ft.) hardwood walls, 1 light
unit per 4 linear feet, table and chairs, and exhibitor signage. Each exhibitor
will have a profile in the official catalog in the SCOPE Art App, a highlight in
the printed Show Guide, and an inclusion in the curated social media output
highlighting selected artists’ presence in the show.
There are additional fees for: additional booth lighting, special walls, custom
flooring, custom carpeting, additional signage, tables, chairs, miscellaneous
electrical services, shelving, pedestals, rigging, drayage and labor furnished for
exhibitor-supplied materials.
OPTIONS
100 sq.ft. (13.9 sq.m.) | US $5,500
Solo show featuring one artist
150 sq.ft. (13.9 sq.m.) | US $8,250
Thematic show featuring a maximum
of three artists
Minimum booth size is 100 sq. ft. (18.6 sq.m.). In addition to the booth fees,
there is a mandatory co-operative advertising fee of $500 for stand sizes 100
sq. ft. to 199 sq. ft. All exhibitors will be featured in the SCOPE social media
outreach, see the following page.
Due to a limited availability of Breeder Booths, application to Breeder Program
does not assure acceptance. Final booth size may vary and will be issued by
SCOPE Art Fair Inc. and will depend on booth design and available floor space
for the show. If accepted to Breeder Program, final booth size will be charged
accordingly at a rate of US $55.00 per square foot / $593.00 per square meter.
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04
PROPOSED ARTISTS
MIAMI BEACH 2015
PLEASE INCLUDE WORK TITLES AND MEDIUM
Please use this form to list all of the proposed artists and their art work to be displayed in your booth. Each
proposed artist work listed must be accompanied by an image of the piece in a JPG formatted file. Please
name submitted images in the following manner: Gallery-Name_Artist-Name_Title_Year.jpg.
For the most convenient transfer of files, please submit your images and caption information in a ZIP file via
WeTransfer or Dropbox to [email protected]!
The following image submissions are not accepted:
PDF files
Alternate File Types - TIFF, PNG, GIF, or PSD
CDs or mailed image submissions
All submitted artists and works must be approved by SCOPE Art Fair, Inc. before show participation is finalized
as confirmed by a Curatorial Acceptance Letter to be signed by Exhibitor and SCOPE Art Fair, Inc.
Please review Article 07 in Terms and Conditions of Application and Agreement.
ARTIST
TITLE
1
2
3
4
5
6
7
8
9
10
social media and Marketing
Part of the marketing initiative that SCOPE Art Show offers is an intense social media program. Connecting with
over 120,000 followers over 4 diverse platforms, @SCOPEArtShow reached over 100 million users via the handle alone in 2014. With partnership interactions garnering tens of millions more per show, it is expected that
#SCOPEMiamiBeach will achieve over 300 million impressions in 2015. Paired with @SCOPEArtShow’s 90,000
followers, exhibitors contribute over 100,000 fans per show, resulting in an astonishingly large, interactive audience that hears @SCOPEArtShow.
Exhibitors’ SCOPE-Art.com based profile reaches over 55,000 monthly visitors who source all of their show
information via http://scope-art.com.
Connect to @SCOPEArtShow now via:
Hashtags: #SCOPEArtShow #SCOPEMiamiBeach
Handle: @SCOPEArtShow
Twitter: @SCOPEArtShow
Facebook: facebook.com/SCOPEArtShow
Tumblr: http://scopeartshow.tumblr.com
Instagram: http://instagram.com/SCOPEArtShow
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MIAMI BEACH 2015
Deposit requirements
Please submit a refundable deposit of US $3,000 with this application for booth space within SCOPE Art Fair. No
applications will be accepted without a deposit. If accepted, your deposit will be applied towards your booth fee.
TO WIRE FUNDS: For banking instructions, please contact the SCOPE Finance Team at [email protected].
Please include a US $30.00 wire transfer fee and any bank charges that SCOPE Art Fair may incur from exhibitor’s
bank. Please include gallery name and SCOPE Art Fair in which exhibitor is applying to ensure proper credit. SCOPE
will not be responsible to cover bank fees from exhibitor’s banking institution. Please review your fee schedule with
your bank before wiring your deposit.
TO SEND CHECK PAYMENT: SCOPE accepts US checks only and they must be made payable to SCOPE Art Fair Inc.
and delivered to SCOPE Art Fair Inc. at the address set forth on the signature page of this Agreement.
SCOPE Art Fair, Inc.
45 Main Street, Suite 846
Brooklyn, NY 11201
CREDIT CARD PAYMENTS: SCOPE accepts Visa, Mastercard, American Express and Discover. A 3% fee will be added
to your payment if paying with a credit card. Please fill out all items under the credit card information section below.
No space will be reserved without receipt by SCOPE Art Fair Inc. of the required deposit. If SCOPE Art Fair is unable to
accept your application, a full refund of the deposit will be issued, less a US $350 processing fee, 30 days after written
notification that exhibitor is not accepted to SCOPE Miami Beach 2015.
Credit card information
GALLERY NAME
Please charge the deposit of US $3,090.00 to our credit card
VISA
MASTERCARD
CARD NUMBER
AMERICAN EXPRESS
EXPIRATION DATE
security code
NAME AS IT APPEARS ON CARD
ADDRESS
STATE
ZIP/POSTAL
Country
EMAIL
PHONE #
FAX #
Authorized signature
date
CITY
06
MIAMI BEACH 2015
Application and Agreement
AGREEMENT TERMS AND CONDITIONS
I/We have read this Agreement on behalf of Exhibitor in its entirety and as agents of Exhibitor agree that Exhibitor
shall be bound by the terms and conditions herein.
GALLERY NAME
signature
date
FULL NAME
AGREEMENT TERMS AND CONDITIONS
By signing this document,
Miami Beach 2015.
SCOPE signature
is officially accepted into SCOPE Art Fair Inc., SCOPE
date
NAME
SUBMISSION INSTRUCTIONS
Completed applications must be submitted to the Exhibitor Relations Department.
After fully completing the application, please send with accompanying proposed artist images in the
format specified as an email attachment to Exhibitor Relations: [email protected].
Alternatively, you can submit your images and application via WeTransfer or Dropbox to
[email protected] along with a confirmation email to Exhibitor Relations: [email protected].
MIAMI BEACH 2015
Application and Agreement
This Agreement is between (hereinafter referred to as the “Exhibitor”) and SCOPE Art
Fair Inc, a New York corporation residing at 45 Main Street, Suite 846 Brooklyn, NY 11201 (hereinafter referred to as
“Organizer”). The terms and conditions of this Agreement (and any addenda attached hereto) shall be the terms and
conditions applicable to Exhibitor’s lease of booth space at the Exhibition from Organizer. Exhibition to be located at
SCOPE Miami Beach 2015, 1001 Ocean Drive, Miami Beach, FL 33139, USA, during the dates of December 1 - 6, 2015
(hereinafter referred to as the “Exhibition”). All dates and location are subject to change and Organizer cannot be
held liable for any changes in dates and or location. Location of the Exhibition, exposition hours and preview is at
the discretion of SCOPE Art Fair Inc. The terms and conditions of this Agreement shall also cover any additional days
required for Exhibitor to move-in and move-out of the booth space at the Exhibition. Exhibitor and Organizer agree as
follows:
TERMS AND CONDITIONS
1. Exhibitor will consider as confidential any and all information it receives in tangible form from Organizer that is
marked as Confidential or Proprietary and will use only
for the purposes set forth above. Information which is
disclosed orally will be considered confidential information if it is reduced to writing and sent to the receiving party within two weeks of the disclosure. Exhibitor
agrees to receive and maintain all information in strictest
confidence using care except as provided herein and will
not use information for own benefit or disclose it to third
parties without written consent of Organizer or use such
information in a manner competitive to Organizer.
2. Exhibitor hereby leases the booth space at the rental
price (subject to adjustment as stated herein) described
on page 4 of the Agreement, exclusive of applicable state
and local taxes, plus decoration and charges as set forth
below, all of which additional costs and charges will be
invoiced directly to Exhibitor and considered to be additional rent due to Organizer hereunder. All payments
made pursuant to this Agreement will be made exclusively in US currency. Payments made hereunder may be
made by cash, check drawn on a US bank or bank wire
transfer (all wire transfers must include additional wiring
fees). Your booth invoice reflects a 3% discount when
paying with cash, check or wire. This discount is not applicable to payments made by credit card. Visa, MasterCard, Discover and American Express are accepted but
the 3% discount will be removed.
3. Included in the booth rental will be: 10.7ft (3.25 meters) hardwood perimeter walls, one light per every four
linear feet, one table and chair set, and inclusion in the
Official show digital catalog. Additional charges not included in the booth rental are: extra walls, extra lights,
electrical power drop, extra table, extra chairs, special
walls, custom flooring, custom carpeting, additional signage, furniture, miscellaneous electrical services, shelving, sculpture pedestals, and sculpture drayage. Prices
are outlined in the Exhibitor Manual. In addition to the
booth fees, there is a mandatory co-operative advertising fee of $500 for stand sizes 100 sq. ft. to 199 sq. ft.
Exhibitor agrees to pay full cost of booth rental, mandatory charges, and additional charges. Additional items
will not be provided if payment has not been received in
full upon receipt of invoice.
4. The balance of the booth rental and additional charges
(i.e. less the deposit already received by Organizer) will
be paid by Exhibitor in TWO equal installments. The first
of payment is due upon execution of agreement by both
parties booth placement will not be confirmed until after
receipt of first payment. The final payment date will be
noted on Exhibitor’s first invoice. In the event Exhibitor
fails to make any such scheduled payments and/or if any
payment due hereunder is delinquent more than five (5)
calendar days past the due date, the Exhibitor’s booth
location may be assigned to a non-preferential area or
any other area at the sole discretion of Organizer and a
late charge of $2.00 per square foot service charge will
be added to the delinquent payment per week for every
week payment is overdue. Exhibitor will not be permitted to participate in the Exhibition unless all balances
are paid in full. If Organizer allows payment to be made
during check-in, a $350 fee will apply.
5. In the event that Exhibitor fails to make booth rental
price and additional fee payments as agreed herein or
breaches any term or condition contained herein, Exhibitor will be in default hereunder, and Organizer will have
the right to retain Exhibitor’s deposit and all other monies paid hereunder, and reserves any other remedies it
may have in law or in equity with respect to any default
by Exhibitor hereunder. In the event of default by Exhibitor, Organizer will have the right, but not the obligation,
to lease the subject booth space to another exhibitor
prior to the Exhibition. Organizer is under no obligation
to lease all or part of the defaulting Exhibitor’s booth
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TERMS AND CONDITIONS
space; Exhibitor will remain liable for the full balance due
under the terms of this Agreement, together with all costs
of collection, including but not limited to, all reasonable
attorneys’ fees, court costs and interest. In addition to
any other defaults enumerated herein, Exhibitor will be
in default hereunder if Exhibitor fails to observe or perform any of the other terms, covenants and conditions of
this Agreement (or any other supplemental documents
incorporated herein including but not limited to: Curatorial Acceptance Letter, Exhibitor Manual, and Curatorial
Floor Plan) and such default will continue for more than
fifteen (15) days after written notice from Organizer to
Exhibitor. Exhibitor will have seven (7) days after written notice from Organizer to cure any monetary default.
Organizer will have all remedies available to Organizer at
law and in equity in the event of Exhibitor’s default under this Agreement, which remedies are cumulative and
not mutually exclusive, including, but not limited to, the
right of acceleration. In the event of such default, Organizer may recover from Exhibitor damages computed in
accordance with the following formula, in addition to its
other remedies: (a) any unpaid rent and other sums due
under this Agreement which have been earned at the
time of such default or termination; plus (b) the unpaid
rent and other sums due under this Agreement for the
balance of the term after the time of default; plus (c) any
other amount necessary to compensate Organizer for all
the detriment caused by Exhibitor’s failure to perform
its obligation under this Agreement or which in the ordinary course of things would be likely to result therefrom,
including, attorneys’ fees and costs; plus (d) at Organizer’s election, such other amounts in addition to or in
lieu of the foregoing as may be permitted from time to
time by the laws of the State of New York; plus (e) interest thereon at nine percent (9%) per annum.
Organizer before exhibitor booth placement is finalized
as confirmed by a Curatorial Acceptance Letter to be
signed by Exhibitor and Organizer. Failure by Exhibitor
to return a signed Curatorial Acceptance Letter to Organizer does not constitute a termination of the Agreement. Additionally, organizer reserves the right to base
Exhibitor participation, booth location and artwork to
be displayed upon a Curatorial Floor Plan provided by
Organizer to Exhibitor prior to/or after acceptance. All
artwork, signage, walls, furniture and lighting must be
approved by Organizer. All signage for Organizer’s Exhibition must be standard, as set forth in the Exhibitor
Manual. No Exhibitor will be allowed to post, mount and
display any additional signage other than the signage
approved by Organizer without prior written approval
from Organizer. Organizer will not approve signage larger than 1 x 4 inches or materials other than foam core or
sticker.
6. All financial agreements between Exhibitor and Organizer are solely between Exhibitor and Organizer and are
considered confidential. Any breach of confidentiality
will result in legal action.
9. Walls, lighting, design, electrical services, labor, etc.,
are all furnished by Organizer to guarantee uniformity
of overall design of the Exhibition. The booth will be integrated into the overall design of the Exhibition. All
sub-contractors employed must be approved in writing
by Organizer prior to entering the Exhibition premises.
7. Exhibitor agrees to abide by the aesthetic standards
set forth by Organizer or as determined or promulgated
by the Organizer of the Exhibition, and Exhibitor agrees
to be bound by all rules, regulations, terms and conditions contained in the Exhibitor Manual, to be supplied
to Exhibitor after this Agreement has been executed by
Organizer and Exhibitor. The Exhibition will have an approved look. Booths of 100 sq. ft. to 149 sq. ft. must feature a solo artist exhibition and booth sizes of 150 sq. ft.
to 199 sq. ft. are permitted a maximum of three artists.
All submitted artists and works must be approved by
8. This Agreement when signed by Exhibitor will constitute an agreement for exhibit space in Organizer’s Exhibition but only when duly countersigned by Organizer or
its agents and representatives. It is subject to review and
approval by Organizer or its agents and representatives
who reserve the right to reject any application for any
reason. All applications will be accepted only in writing
by Organizer and such decisions are at the sole discretion of Organizer. There exists no obligation by Organizer
to any applicant until a completely executed Agreement
has been signed by both the Exhibitor and Organizer.
Detailed information such as shipping instructions, order forms for additional items will be included in the Exhibitor Manual and will be provided to Exhibitor after
the agreement is countersigned by Organizer and the
Exhibitor’s first payment is received.
10. Exhibitors may not use Organizer’s logo or branding on any printed matter without prior written approval
from Organizer.
11. For good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the undersigned hereby irrevocably grants to Organizer, their advertisers, sponsors, affiliated companies, successors, assigns and licensees (collectively, the “Organizer Parties”
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Application and Agreement
TERMS AND CONDITIONS
and each, individually, an “Organizer Party”), the right to
photograph, videotape, record, reproduce, mention, refer to edit, modify, add to and otherwise exploit and/or
use, and permit others to do any or all of the foregoing,
alone and/or in combination with other materials, artwork and/or elements, the names, products, trademarks,
tradenames, logos, photographs, copyrighted artwork
and material and/or other artwork and material(s) listed
on Page 5, uploaded via Collectrium platform, additional
items displayed in the Exhibition, and any and all elements contained therein (collectively, the “Artwork”), for
use in any manner in and in connection with the production, distribution, exhibition, exploitation, advertising, marketing and promotion of the Exhibition and any
related or derivative versions or uses of the Exhibition,
in any and all media now known or hereafter devised
throughout the universe in perpetuity.
The rights granted herein include the right to use excerpts or stills from the Exhibition which may contain
all or any portion of the Artwork in any other television,
theatrical or other motion picture, publication or recording. The undersigned acknowledges that this agreement
shall not put the Organizer Parties in a more restricted
position than a member of the general public with respect to any rights in the Artwork.
The undersigned represents and warrants that: (i) the
undersigned has the full right and authority, either as
owner or as agent of the owner, to grant the rights
granted in this agreement, (ii) the Artwork are free and
clear of any liens or other third party claims, (iii) no such
use as authorized herein will give rise to any claims of
infringement, invasion of privacy or publicity, claims for
payment of any monies such as re-use fees or residuals,
or any other claims, and (iv) no third party permissions or
licenses are required in connection with this agreement
and/or such use. The undersigned agrees to indemnify,
defend and hold harmless the SCOPE Parties from and
against any claims, damages or expenses (including reasonable costs and outside attorney’s fees) arising out of
a breach or alleged breach of this agreement.
Organizer agrees to indemnify, defend and hold the undersigned, its successors, licensees and assigns harmless from and against any claims, damages or expenses
(including reasonable costs and outside attorney’s fees)
arising out of a breach or alleged breach of this agreement by SCOPE.
The undersigned acknowledges that none of the Orga-
nizer Parties have any obligation to use the Artwork, or
any portion thereof, in or in connection with the Exhibition, and that each Organizer Party may use such Artwork, or any portion thereof, in its sole discretion. The
undersigned further acknowledges that any use of the
Artwork in the Exhibition does not constitute and shall
not be considered an endorsement of the Artwork or the
undersigned by any Organizer Party.
In no event shall the undersigned have the right to enjoin the development, production, distribution, or exploitation of the Exhibition, and the undersigned hereby waives any right to equitable or injunctive relief in
the event of any breach, termination or cancellation of
this agreement. This agreement constitutes the entire
agreement between the parties hereto and supersedes
all prior agreements, written or oral, with respect to the
subject matter hereof and may not be modified except
by an instrument in writing signed by the undersigned
and Organizer. Organizer may transfer and assign this
agreement or all or any of its rights or privileges hereunder to any entity or individual without restriction. This
agreement shall be binding on all of the undersigned’s
successors-in-interest and heirs. This agreement, its validity, construction and effect shall be governed by the
laws of the State of New York. The parties hereto agree
to submit to jurisdiction in the State of New York.
12. By execution of this Agreement, Exhibitor acknowledges and accepts the Terms and Conditions. The Exhibitor promises to abide by the Terms and Conditions
contained in this Agreement and such further rules and
regulations as may be implemented by Organizer governing the terms of the Exhibition. Exhibitor’s use of the
booth space and the Exhibition premises will be subject
at all times to those rules and regulations adopted by
Organizer. Violation of the Terms and Conditions may
lead to Exhibitor expulsion without refund or monies
paid under the Agreement.
13. In the event the Exhibitor will submit false information, or attempt to exhibit artwork not specified on the
Exhibitor’s application, Organizer reserves the right to
cancel the Exhibitor’s agreement at any time and retail
any monies paid as liquidated damages.
14. The liability of Organizer for failure to perform its
obligations under this Agreement is limited to a refund
of the Exhibitor’s deposits paid hereunder. In the event
the Organizer will be in default hereunder in any respect,
such default will not give rise to any rights or remedies
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TERMS AND CONDITIONS
to Exhibitor unless and until such default will continue
for more than thirty (30) days after Organizer’s actual
receipt of written notice thereof from Exhibitor (or, as
to defaults not susceptible of being cured within such
thirty day period, Organizer fails to commence the cure
thereof within such period and thereafter diligently prosecute the same to completion). Further, if Organizer is
delayed or prevented from performing any of its obligations under this Agreement by reason of strike or labor
troubles or any cause whatsoever beyond Organizer’s
control, the period of such delay or such prevention will
be deemed added to the time herein provided for the
performance of any such obligation by Organizer in its
sole discretion, may cancel this Agreement and the parties hereto will be released of all further obligations and
liabilities each may have to the other.
15. Neither Organizer, nor the lessor of the Exhibition
facility, will accept any responsibility for the well-being
of any art and materials consigned to or in the possession of any Exhibitor during the Exhibition. The Exhibitor
waives any and all claims against Organizer, its contractors, agents, employees, invitees and licensees and the
lessor of the Exhibition facility for loss, theft, damage, or
destruction by fire, water or otherwise, of any art work,
crates, packing materials, or any other items of Exhibitor, on the Exhibition premises at any time as well as
for injury to itself, its agents, servants and/or employees
while on the Exhibition premises, and for any damage of
any nature including damage to its business by reason
of the failure to provide booth space for its exhibit or
for any failure to hold the Exhibition as scheduled. All
Exhibitor’s personal property of every kind of description which may at any time be in the booth space or on
the Exhibition premises will be at Exhibitor’s sole risk, or
at the risk of those claiming under Exhibitor, and Organizer will not be liable for any damage to said property
or loss suffered by the business or occupation of Exhibitor caused in any manner whatsoever, including theft.
Organizer will not be liable for any such injury or damage caused by other exhibitors or any other person(s) either on the Exhibition premises or elsewhere. Organizer
will not be liable for any latent defect in construction.
Organizer will not be responsible for damage or loss of
property of Exhibitor kept or stored on the Exhibition
premises no matter how caused.
16. Organizer agrees to provide a 24-hour security guard
service to prevent entry to the Exhibition area by anyone
not authorized by Organizer or not wearing the proper
identification badges for admission to such areas. The
security service supplied does not guarantee Exhibitor
against loss, theft or other mischief and by no way imply an assumption of liability for loss, destruction, theft
or vandalism of any of Exhibitor’s property or injury to
any of Exhibitor’s personnel, agents or employees. Security passes authorized and issued by Organizer must
be utilized. Special Exhibition badges must be worn by
Exhibitor’s staff. The above is for the protection of Exhibitor and will not be construed as any guarantee or
indemnification whatsoever to the Exhibitor against loss
or theft or otherwise, nor does it imply an assumption of
liability by Organizer with respect to any and all Exhibitor’s property.
17. An official digital catalogue is to be offered by Organizer through an iPhone/iPad application. No claims
can or will be entertained with respect to errors and/or
omissions in the catalogue. The Exhibitor is responsible
for all content and entries and for any damages claimed
through the digital publication thereof.
18. Exhibitor agrees to not serve food or drink in their
booth without prior written consent from SCOPE Art
Fair Inc.
19. Exhibitor agrees to indemnify and hold Organizer,
its employees, agents, invitees, licensees and contractors, and the lessor of the Exhibition facility, harmless
for any claims arising out of negligence of Exhibitor, its
agents, or employees. Exhibitor must remain with all artwork and other items, and/or their freight, until the designated shipper has removed same from the Exhibition
premises. In addition to the foregoing, Exhibitor agrees
to indemnify and save Organizer harmless from and
against any and all claims and demands for, or in connection with, any accident, injury or damage whatsoever
caused by any person or property arising directly or indirectly, out of the business conducted in or the use and/
or occupancy of the Exhibition premises, booth space
or any part thereof, or arising directly or indirectly, from
any act or omission of Exhibitor or any concessionaire
or sub-exhibitor or their respective licensees, servants,
agents, employees, contractors or invitees, and from
and against any and all cost, expense and liabilities incurred in connection with any such claims and/or proceedings brought thereon. The general liability coverage
maintained by Exhibitor pursuant to this Agreement will
specifically insure the contractual obligation of Exhibitor as set forth in this section and/or as provided in this
Agreement.
20. Organizer does not guarantee specific booth placements, booth configuration or booth square footage.
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Organizer reserves the right to make changes in booth
assignments, booth placements, booth square footage
and/or booth configuration within the Exhibition at its
sole discretion at any time. The design and placement
of booths will be controlled and approved by Organizer
exclusively, in its sole discretion. Furthermore, Organizer
does not represent, warrant or guarantee the final square
footage of any booth space leased hereunder, it being
expressly understood by Exhibitor the actual square
footage of a booth leased hereunder will be unknown
until a final floor plan is received by Organizer. Should
the final floor plan received by Organizer (depicting the
actual booth size to be leased to Exhibitor) differ from
the approximate booth square footage stated herein,
the final floor plan will control and same will be deemed
to amend and supplement this Agreement so that the
square footage of the booth size depicted in the final
floor plan will replace the approximate square footage
stated herein, and the rental payments hereunder will be
adjusted accordingly.
21. Exhibitors must carry worker’s compensation, commercial general liability, personal injury and blanket contractual liability insurance at limits of at least $1,000,000
per occurrence and $2,000,000 per aggregate. This
coverage must be evidenced by a certificate of insurance with a 30-day notice of cancellation provision to
the insured and naming Organizer, Organizer as additional insured and to be provided at least 30 days before
the proposed Exhibition start date. It is strongly recommended the Exhibitor also carry insurance to cover
loss, damage, or injury to any property of the Exhibitor
or to any of his officers, agents, employees or contractors, whether attributable to accident, fire, theft or any
other cause whatsoever. While Organizer may provide
security guards, it is done solely as an accommodation
to Exhibitor. The Exhibitor expressly agrees to save and
hold harmless Organizer, the lessor of the Exhibition facility, their management, agents, employees, licensees,
invitees and contractors from any and all claims, liabilities and losses for injury to persons (including death) or
damage to property arising in connection with Exhibitor’s use of the booth space and the Exhibition premises,
and in connection with security personnel provided by
Organizer.
22. Exhibitor will make no assignment or subletting nor
will Exhibitor enter into license or concession agreements or mortgage or hypothecate this Agreement or
Exhibitor’s interest in and to the booth space or Exhibition premises or any part thereof or permit any other
party to conduct business or manage the booth space
or control the operation thereof (hereinafter collectively referred to as “Transfer”), without the prior written
consent of Organizer, which consent may be granted or
withheld at Organizer’s sole discretion. Consent by Organizer to any Transfer will not constitute a waiver of the
necessity for such consent to any subsequent Transfer.
Any Transfer by Exhibitor in accordance with this section
will be only for the purpose and use hereinabove specified and for no other purpose, and in no event will any
Transfer release or relieve Exhibitor from any obligations
under this Agreement. Any permitted transferee will assume Exhibitor’s obligations hereunder and will deliver
to Organizer an assumption agreement in form satisfactory to Organizer within five (5) days after the effective
date of the Transfer. Exhibitor agrees to pay Organizer
‘s attorneys’ fees incurred in connection with the review
and/or preparation of any documents in connection with
any Transfer, and in the event of a Transfer for rentals
in excess of those rentals reserved hereunder, Exhibitor
will pay all of such excess rent to Organizer. Any attempt Transfer without Organizer’s consent will not be
binding upon Organizer and will confer no rights upon
any third person.
23. The following additional covenants, terms and conditions are incorporated herein and made a part hereof:
Typed or handwritten covenants, terms and conditions
contained in this Agreement will supersede and control
over conflicting pre-printed covenants, terms and conditions.
24. All materials brought to the fair by Exhibitors must
be removed by Exhibitors. Exhibitor booth must be returned in the same condition which it was received. There
will be a fee for each item mishandled before check-in or
left in the booth by Exhibitor after checkout, as well as
an additional fee for an unswept or damaged floor. All
material used to hang artwork must be removed from
the walls and disposed of properly. All labels, letter sets,
Velcro, or any other material adhered to the wall must
be removed. There will be a fee for each item left in or
on booth walls. See below for charges for mishandled
items, Exhibitor damages, and items left in Exhibitor
booth: Receiving improperly constructed crates, tracking lost freight, oversized/Overweight freight handling,
Exhibitor property left on site, late freight delivery/pick
up, late Set-Up/Break-Down after allotted hours, lost/
damaged furniture, trash left on site, letterset and label
removal, repainting of walls back to white (Please note:
exhibitors are not permitted to repaint their own walls),
screws/hanging material left in/on walls, damage to
walls ( any holes larger than 1/2 inch), damage to floor,
INITIAL + DATE
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Application and Agreement
TERMS AND CONDITIONS
and artwork left onsite
At the time of move-out, a representative of your gallery must stay with your product until Exhibitor has received a bill of lading from Exhibitor freight carrier or
art handling company and freight has passed through
the security checkpoint exit. There will be no exceptions.
There will be no tear-down permitted until the 8:00 pm
scheduled show closing. On Sunday, December 6, 2015
from 8:00pm to 10:00pm, freight removal will be allowed to move out. Additionally, freight may be moved
out Monday, December 7, 2015 from 9:00am to 5:00pm.
All crates, packaging, trash and any other extra material must be disposed of properly by Exhibitor, and the
booth floor must be swept clean.
All Exhibitor freight must be cleared from the fair by
Monday, December 7, 2015 at 5:00pm. Any freight left
on the floor will be subject to mandatory removal to
a storage facility at the expense of the Exhibitor. Any
freight company that has not completed freight removal
by said deadline will be liable for the following expenses: Complete security protection for the entire Exhibition hall, Removal, storage and insurance of Exhibitor
freight, Service charge of 20% on unpaid removal & security charges, and any SCOPE Art Fair Inc. legal fees in
cases of legal disputes.
25. All sums of any kinds and character not paid by Exhibitor on their due date will bear interest at nine percent (9%) per annum unless otherwise provided specifically to the contrary herein. If Organizer advances any
funds to cure any default by Exhibitor or performs any
obligation on behalf of Exhibitor which requires an expenditure, Exhibitor will be obligated to reimburse Organizer immediately upon demand thereon, for all such
advances and expenditures, together with an administrative/overhead charge equal to 20% of the amount
thereof, plus interest thereon at nine percent (9%) per
annum from the date such funds are advanced or such
expenditure is made. Should Exhibitor fail to pay when
due any installment of rent or any other sum payable to
Organizer under the terms of this Agreement, then, at
Organizer ‘s option, a charge equal to five percent (5%)
of the amount due will be imposed to compensate Organizer for its administrative costs in dealing with such late
payment. Unless otherwise expressly provided herein,
any consent or approval of Organizer may be granted or
withheld by Organizer in Organizer’s reasonable discretion.
26. Whenever notice will or may be given to either of
the parties by the other, each such notice will be by registered or certified mail with return receipt requested,
at the respective addresses of the parties as contained
herein or to such other address as either party may from
time to time designate in writing to the other, and, if to
Exhibitor, such notice will be copied to Jocelyn Jacobs,
P.C, 501 Fifth Avenue, 15th Floor, New York, New York
10017. Any notice under this Agreement delivered by
mail will be deemed to have been given three (3) days
after it is placed in the mail with sufficient postage prepaid. This Agreement contains all of the agreements
between the parties hereto, supersedes all prior and/or
contemporaneous agreements and understandings and
it may not be modified in any manner other than by an
agreement in writing signed by all the parties hereto or
their successors in interest. The terms, covenants, and
conditions contained herein will inure to the benefit of
and be binding upon Organizer and Exhibitor and their
respective heirs, personal representatives, successors
and assigns, except as may be otherwise expressly provided in the Agreement. Exhibitor acknowledges that
neither Organizer nor any broker has made any representations to or agreements with Exhibitor which are not
contained in this Agreement. All obligations of Exhibitor which are or may be intended by their nature to be
performed and/or complied with after the expiration or
earlier termination of this Agreement will survive such
expiration or termination. If any term or provision of
this Agreement or the application thereof to any person or circumstance will, to any extent, be determined
by a court of competent jurisdiction to be held illegal,
invalid or unenforceable, then same will be deemed deleted from this Agreement as if never included herein;
but the remainder of this Agreement, or the application
of such term or provision to persons or circumstances
other than those as to which it is held illegal, invalid or
unenforceable, will not be affected thereby and each
term and provision of this Agreement will be valid and
be enforced to the fullest extent permitted by law.
27. This Agreement is governed solely by the laws of the
State of New York. In the event of any and all litigation
arising from this Agreement, the parties hereby agree
that the sole venue for all legal action will lie exclusively
in the appropriate Courts of the City of New York, New
York. The parties agree to waive trial by jury in any and
all litigation arising from this Agreement. In the event of
any arbitration or litigation between the parties under
INITIAL + DATE
13
MIAMI BEACH 2015
Application and Agreement
TERMS AND CONDITIONS
this Agreement, the prevailing party will be entitled to
reasonable attorneys’ fees and costs, in the arbitration
and at both trial and appellate levels. The parties have
participated jointly in the negotiation and preparation
of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement
will be construed as if drafted jointly by the parties and
no presumption or burden of proof will arise favoring
or disfavoring any party by virtue of the authorship of
any of the provisions of this Agreement. The parties intend that each covenant, term and condition contained
herein will have independent significance. If any party
has breached any covenant, term or condition contained
herein in any respect, the fact that there exists another
covenant, term or condition relating to the same subject
matter (regardless of the relative levels of specificity)
which the party has not breached will not detract from
or mitigate the fact that the party is in breach of the
first covenant, term or condition. The rights and remedies provided by this Agreement are cumulative, and
the use of any one right or remedy by either party will
not preclude or waive its right to use any or all other
remedies. Said rights and remedies are given in addition
to any other rights the parties may have by law, statute,
ordinance, or otherwise. Organizer may, in its sole and
absolute discretion, waive any covenant, term or condition or the breach thereof contained herein, however, no
covenant, term or condition or the breach thereof will
be deemed waived, except by written consent of Organizer, and any waiver of the breach of any covenant,
term or condition contained herein will not be deemed
to be a waiver of any preceding or succeeding breach
of the same or any other covenant, term or condition.
This Agreement will bind both Organizer and Exhibitor
and their assigns or successors, and the heirs, assigns,
administrators, legal representatives, executors or successors as the case may be. This Agreement will not take
effect and there will be no obligation by either party unless it is countersigned by Organizer. It will be effective
on the date countersigned by Organizer. This Agreement
is fully or partially assignable by Organizer in its sole
discretion.
by Organizer.
29. This Agreement, its terms and conditions, and the
discussions, writings and negotiations of the parties
hereto prior to the effective date of the Agreement, and
the terms and conditions of any addenda prepared in
connection with this Agreement (collectively the: “confidential information”). Connection with the Agreement
is confidential and will not make any disclosures thereof,
except for legal, accounting or tax purposes, or as required by law. The barred disclosures referred to in this
section include any such disclosures by oral communication, written communication, television, audio, press,
wire, internet and all other media. The terms and conditions of this Paragraph will survive the termination or
cancellation of this Agreement. Exhibitor agrees and
acknowledges that the Confidential Information, as it exists from time to time, is a valuable, special and unique
asset of Organizer and the that the terms and conditions
of this Paragraph are reasonable and necessary to protect the legitimate business interests of Organizer Exhibitor hereby acknowledges a violation or threatened
violation of the terms and conditions of this Paragraph,
whether by Exhibitor or Exhibitor’s employees, agents
and or representatives would cause irreparable injury or
damages to Organizer for which the damages would be
inadequate compensation. Accordingly, Exhibitor acknowledges, consents and agrees that in the event of
any such violation or threatened violation, Organizer will
be entitled to commence an action for any preliminary,
temporary and permanent injunctive relief and other
equitable relief and it will be entitled to any such relief
without the necessity of alleging or proving actual damages, irreparable harm or lack of adequate remedy at
law and without posting a bond, and Organizer will further be entitled to such other rights and remedies it may
have at law or in equity, which rights and remedies will
be cumulative and in addition to any other rights or remedies available to Organizer.
28. Upon acceptance by Organizer and countersignature of this document, a copy will be returned to the Exhibitor. This Agreement is not subject to cancellation or
modification after execution and countersignature, except by mutual written Agreement between the parties
hereto. Exhibitors agree to be bound unconditionally by
the Organizer’s rules and regulations as may be set forth
INITIAL + DATE
14
MIAMI BEACH 2015
CONTACT INFORMATION
EXHIBITOR RELATIONS
ONLINE
Show Director
Alexis Hubshman
Visit our website for a vast
resource of information:
Exhibitor Relations
SCOPE-ART.COM
Exhibitor Relations Associate
Follow @SCOPEArtShow on
Twitter, Facebook, Tumblr,
and Instagram.
Kat Sambor
[email protected]
Lily Harriman
[email protected]
OFFICE ADDRESS
SCOPE Art Show
45 Main Street, Suite 846
Brooklyn, NY 11201
Phone: +1 212 268 1522
Email: [email protected]
SCOPE Art Show Contact
MANAGEMENT
OPERATIONS
COMMUNICATIONS
President
Operations Associate
Director of Communications
Alexis Hubshman
Vice President
Daria Brit Greene
[email protected]
Director of Administration
Kelley Ndoye
[email protected]
Jason Josephs
[email protected]
James Hall
[email protected]
PUBLIC RELATIONS &
MARKETING
[email protected]
VIP RELATIONS
FINANCE
General VIP Inquiries
Controller
[email protected]
UPCOMING SHOWS
NEW YORK 2016
MARCH 3 - MARCH 6
15
SCOPE-ART.COM
Platinum VIP Relations
[email protected]
[email protected]