LATENT #001 PILOT Project 2021 – Terms and Conditions

Dated: 03/01/2021

Version 1.4

  1. The within terms and conditions (the “Terms and Conditions”) relate to a call for artists entitled the 'LATENT #001 Pilot Project' (the “Application”) which LATENT (the “Company”) intends to run during 2021. From this, the Company shall select an unspecified number of artists to produce an unspecified number of works for sale through the Company for a term of 12 months (the “Representation”). The full details of Representation will be entered into separately at the point of successful completion of the Application.

  2. By entering this Application, (the “Artist”) accepts these Terms and Conditions as set out hereinafter and the entrant further accepts that the terms and conditions of this Application may be altered, amended, varied or otherwise modified by the Company at any time up to and including the final determination of the Application and that such alteration, amendment or variation may be made orally or in writing and at all times the Terms and Conditions are at the sole discretion of the Company.

  3. The Application is open to all living artists over the age of 18 years old on 1st January 2021 and entries are permitted from the following geographical regions: United Kingdom

  4. The Application shall open at 09:00 GMT on, 11th January 2021 and shall close at 18:00 GMT on Friday 30th April, 2021. Entries received after this date and time shall not be considered for entry under any circumstances. The Company reserves the right, in its absolute discretion, to extend the closing date of the Application for a reasonable period of time and where so extended the date upon which the Company decide to be the subsequent closing date shall be the closing date for the purposes of these Terms and Conditions.

  5. In order to enter the Application, all entrants will complete an application form as set out at https://docs.google.com/forms/d/e/1FAIpQLSfeU3ySl4jf9k3PFjvOsDkGl6GZdGs-HDkjTC5F1uHt_AUDqw/viewform (the “Application Form”) and follow all directions therein. All images uploaded or shared with the Company for the purposes of completing the entry process shall not be manipulated or otherwise artificially or digitally enhanced by the Artist.

  6. The submitted entry/(ies) (the “Work”) must be original, and must be created by the Artist, created using one or more of the following mediums only: drawing, illustration, printmaking, painting, photography, textile, mixed media. The Work must not exceed 60 inches in its greatest dimension. There is no minimum size limit. The Application is open to two-dimensional works only. The Work selected must be available for immediate sale from 1st May 2021. The Company reserves discretion to determine the suitable standard and quality for reproductions and/or prints of work to be sold. While the Company shall endeavour to provide advance notice to all Artist(s) with respect to key dates and timelines, the Company reserves the right to make such alterations and changes to key dates as are reasonably necessitated.

  7. A third party (e.g. gallery, agent, or other representative) may not submit Work on behalf of the artist.

  8. Work that does not fit within the Conditions of Entry will not be admissible and will not be considered for Representation. The Company shall retain full and sole discretion over every question as to the admissibility or otherwise of any given Work. The following are examples (without limitation) of inadmissible works: i) Works that are in breach of copyright (or reasonably considered by the Company to create a risk of infringing upon a copyright); ii) Works that are being sold elsewhere, including direct sales from the Artist; iii) The work is incomplete; iv) Work, that in the reasonable view of the Company, contains noxious or toxic substances, is flammable below 50°C, incorporates dangerous electrical equipment, or is otherwise considered inconsistent with safe exhibition, handling, storage or shipping; v) Work, that in the reasonable view of the Company, is likely to breach the Racial and Religious Hatred Act, 2006 vi) Work, that in the reasonable view of the Company, is deemed to be discriminatory or abusive

  9. Artists are reminded that all Work submitted must conform to all health and safety standards and regulations.

  10. In addition, the Company reserves the right to disqualify a Work and/or Artist, where in the reasonable view of the Company: i) The Work does not meet any of the entry criteria; ii) The Artist cannot be contacted; iii) The Artist does not respond within 48 hours of being contacted by the Company.

  11. The judges shall be appointed by the Company in such number and of such qualification as it sees fit at its sole discretion. The judges’ decision shall be final and no correspondence will be entered into. All Works will be judged anonymously and there will be no segregation by genre or style etc.

  12. The Company may reasonably contact the Artist for an interview prior to an offer of Representation.

  13. The Company shall endeavour to notify successful Artists who will be invited to have their work Represented (the “Selected Artist(s)”) on or shortly after Monday the 17th May, 2021 or such other date as the Company, at its absolute discretion, shall elect (the “Notification Date”).

  14. The Artist shall be responsible for all costs associated with creating the original Work.

  15. By completing the Application Form, the Artist agrees to the Company collecting, retaining, processing, or otherwise utilising the Artist’s personal information and images of the Work for the purposes of processing the Artist’s Application, the promotion, administration and the creation of the Representation, as well as the use of images of the Work for future promotion of the Company's activities. The Artist’s personal information will not be shared with third parties or otherwise processed for alternative purposes without the Artist’s consent.

  16. If the Artist is informed that their Work has been selected, the Company shall be entitled to receive verification from the Artist of details pertaining to any and all legal proceedings (either civil or criminal) that may be in being, or contemplated against the Artist. Should any related details change materially during the course of the Application and/or subsequent Representation, or where any information concerning the Artist becomes materially inaccurate between time of entry and the end of the Application / Representation, the Artist shall bring such changes to the attention of the Company without delay. It should be noted that all such sensitive personal data shall be treated with the utmost confidentiality by the Company and shall not preclude the Artist from applying. All such decisions remain at the discretion of the Company.

  17. By completing the Application Form and by providing any further information to the Company in relation to the Representation, the Artist warrants that all such information supplied is truthful, accurate, and not misleading or otherwise incomplete. Where it reasonably or justifiably appears to the Company, that the Artist is in breach of this warranty, or where the Company understands or apprehends there to be a risk that the Artist, has or will bring the Company and/or its’ activities into disrepute, the Company shall be entitled to take such steps as are necessary to conclude the Artist’s involvement in the Representation forthwith.

  18. The Artist shall not make, or permit any person to make, any public announcement, communication or circular (announcement), be it verbal, written or howsoever broadcast on any platform to include (without limitation) social media, on or concerning the existence, subject matter, results or terms of the Application and Representation, the wider transactions contemplated by it, or the relationship between the parties, without the prior written consent of the Company save where such information is already in the public domain or the express written consent of the Company is provided. Breach of this section shall be treated as a breach of confidentiality and shall be considered a material breach of these Terms and Conditions.

  19. The Company reserves the right to deny admission to the Application and/or Representation, or withdraw a Work if for any reason the Work, or any circumstances surrounding the display of the Work, appears to the Company to expose it to risk of legal proceedings, reputational damage or other potential loss, or if the Work acts in any way detrimental to the brand of the Company.

  20. Each Artist, by entering their Application Form confirms that they hold all intellectual property rights in the Work and that they have obtained prior written approval for the use of any third party copyrighted material contained in the submitted Work.

  21. Without prejudice to the within terms, the Company recognises that the copyright in all Works created by the Artist remains with the Artist, however it is a necessary condition of entry, and by so entering, the Artist hereby agrees to grant all necessary rights licences, approvals and authorisations to the Company to include, inter alia, the Artist’s Work in any footage recorded or captured during the term of the Application and Representation, including the right to use such images for the promotion of the Company, exhibiting the Work publicly, referring to the Work on digital platforms in the control of the Company, and for the avoidance of doubt, the Artist hereby grants the Company with a non-exclusive, worldwide, royalty free licence to use and publish such footage or materials obtained or other materials in electronic format for purposes connected solely with the Application and Representation. Where further consent is necessary from the Artist, it shall not be unreasonably withheld.

  22. The Company shall be at liberty to assign or licence their rights in such footage or other materials without the prior consent of the Artist and the Artist hereby agrees to forego all injunctive or other legal remedies with the intent of restraining the use by the Company of all footage or material obtained, in any jurisdiction. The Artist is hereby notified of their entitlement to obtain independent legal advice prior to Application and/or Representation, whether the Artist chooses avail of such advice or not.

  23. The Artist hereby waives (i) all moral rights as may exist in any footage or imagery or other materials obtained that contain the Artist’s work under the Copyright, Designs and Patents Act of 1988 (as amended) and (ii) all such equivalent or commensurate rights as may exist in any other jurisdiction worldwide. The Artist furthermore agrees to not permit, or cause to be instituted, legal proceedings in any jurisdiction any claim regarding any infringement of moral (or commensurate rights), or claim regarding any alleged derogatory treatment of the Artist’s work.

  24. Artists will allow the Work to be photographed and reproduced by the Company for the purposes of promoting the Representation including: catalogue, press and publicity, and websites in all territories. Copyright of all works remains the property of the artist. Any enquiries for copyright will be referred to the artist.

  25. For the avoidance of doubt, the Artist hereby warrants that they own the copyright to the Work and further warrant that the Work contains no feature or aspect or material that constitutes a breach (or potential/anticipatory breach) of a third party’s intellectual property.

  26. The Company will take all reasonable measures to maintain the security and safe storage of the Works whilst in the care of the Company. The Artist accepts liability for the unlikely scenario that works are lost, damaged or stolen.

  27. In accordance with the Data Protection Act 1998 (and all other relevant Data Protection legislation as may be enacted from time to time), the Company will hold the personal data of Artists supplied on the Application Form securely. The data will only be used in the process of administering the Application and will not be transferred to any third party not directly involved in this Representation. Please refer to the Company’s Privacy Policy at the following link for further information: www.latentcollective.co.uk/privacypolicy

  28. By entering the Application, Artists are agreeing to all of the within Conditions of Entry. The Company’s decision on all matters pertaining to the above is final. The Company reserves the right, at any time, and from time to time to amend, modify, vary, or discontinue the terms of this Application.

  29. The Artist acknowledges that in entering into these Terms and Conditions, it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

  30. These Terms and Conditions (as may be amended from time to time) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

  31. The Artist shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with any breach of these terms by the Artist.

  32. This Application and the within terms and conditions, and all questions relating thereto shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.