Exhibition Entry Terms and Conditions
Welcome to The Brisbane Gallery.
A legal disclaimer
These Terms and Conditions ("Terms") govern your use of our website, gallery space, and services, including the purchase of artwork. By accessing our gallery, browsing our website, or purchasing artwork from us, you agree to be bound by these Terms.
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Terms and Conditions for Exhibiting with The Brisbane Gallery
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1. Definitions
In these Terms and Conditions, unless the context otherwise requires:
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"Artist" means any individual, parent/guardian submitting on behalf of a minor, or legal entity submitting or displaying Artwork with The Brisbane Gallery.
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"Artwork" means any visual art, painting, sculpture, craft, or creative work submitted to or exhibited by The Brisbane Gallery.
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"Gallery" means The Brisbane Gallery, its employees, representatives, and authorized operators.
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"Exhibition" means any physical display term (including 6-week exhibition terms) hosted on the Gallery’s premises.
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"Virtual Gallery" means the Gallery’s official website, digital catalog, and online store listings.
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"Submission Fee" means the non-refundable $20 fee required per submission for curatorial and administrative consideration.
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"Commission" means the percentage retained by the Gallery from the retail sale price of any Artwork.
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"Charges" means any additional expenses incurred in handling, hanging, international banking, postage, freight, or storage of Artwork.
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2. Submission, Selection, & Fees
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Submission Fee: All submissions require a $20 non-refundable submission fee per entry. This fee covers administrative review and curatorial consideration only; it does not guarantee selection or inclusion in any exhibition.
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Selection Process: Artwork selection is based strictly on details provided in the completed official entry form.
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Variation of Terms: Entry terms, submission fees, and gallery policies are subject to change between exhibition terms without prior individual notice.
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3. Preparation, Delivery, & Presentation
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"Hang Ready" Requirement: All accepted artworks—whether framed or unframed—must be delivered fully hang ready, complete with securely attached D-rings.
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Non-Compliant Artworks: Artworks delivered without D-rings or appropriate hanging hardware will not be showcased. They will be placed in gallery storage until the artist adjusts the work to meet hang-ready standards.
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Delivery Deadlines & Logistics: Artworks must be delivered by the explicit deadline provided for each exhibition term. Artists are solely responsible for all costs and arrangements regarding the transport and delivery of their artwork to the gallery.
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Layout & Placement: The Brisbane Gallery reserves absolute discretion over the layout, placement, and spatial curation of all artworks within the exhibition space, unless alternative arrangements have been formally agreed upon in writing.
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4. Liability, Transit, & Pick-Up
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On-Site Liability: The Brisbane Gallery assumes liability for artworks only while they are physically on gallery premises.
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Transit Risk: The gallery is not liable for any damage, loss, or theft of artworks incurred during transport to or from the gallery. Any damage in transit is at the artist's sole risk.
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Pick-Up Only Policy: The Brisbane Gallery operates strictly as a pick-up venue for purchased or unsold works. We do not offer shipping or delivery services. If a buyer requires delivery, it is the sole duty of the artist to organize and coordinate shipping directly with the purchaser.
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5. Sales, Commissions, & Additional Charges
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Exhibition Commission Rate: The Brisbane Gallery takes a 30% commission on all sales of artwork submitted to or showcased in a physical exhibition term.
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Virtual Gallery Commission Rate: The Brisbane Gallery takes a reduced 10% commission on sales of artworks that are listed on our Virtual Gallery / website but are not physically exhibited in the physical gallery.
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Third-Party & Independent Sales: If an artist sells an artwork submitted to an exhibition via a third party, private transaction, or another venue, the artist must advise the gallery immediately and remit the 30% commission to The Brisbane Gallery within 30 days of the sale.
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Deduction of Charges: The Brisbane Gallery is entitled to retain its commission and deduct any additional administrative, handling, or operational expenses reasonably incurred in the exhibition, storage, handling, or return of the artist’s work. These Charges may include, but are not limited to:
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International banking transaction fees
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Specialized installation or hanging requirement costs
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Return postage or freight charges
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Itemized Summaries: The gallery shall provide the artist with an itemized breakdown of any deducted Charges upon request.
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6. Virtual Gallery & Third-Party Restrictions
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Virtual Gallery Listings: Artworks exhibited online via our Virtual Gallery and website are subject to a 10% commission upon sale if they are not concurrently displayed in the physical gallery.
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Exclusivity & Third-Party Gallery Conflicts: If an artist’s work is featured on The Brisbane Gallery Virtual Gallery/website, and another gallery or contract prohibits dual representation or online listing, the artist must inform us immediately to request removal from our website to maintain compliance with the other gallery's terms and conditions.
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7. Copyright & Marketing License
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Grant of License: By submitting artwork to The Brisbane Gallery, the artist grants the gallery a non-exclusive, royalty-free, worldwide license to reproduce, display, distribute, and use images of their artwork for marketing, promotional, and general operational purposes relating to the gallery and its exhibitions.
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Usage Scope: This license includes, but is not limited to, press releases, digital and print advertising, social media channels, website content, exhibition catalogs, and promotional media.
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8. Exhibition Period, Collection, & Storage
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Exhibition Lock-In: Artworks must remain in the gallery for the full 6-week duration of the exhibition term. Early withdrawal is not permitted unless exceptional circumstances arise that meet gallery approval criteria.
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Collection of Unsold Work: At the conclusion of the exhibition term, the gallery will nominate specific dates/times for unsold artwork to be collected.
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Postage Policy: If the artist requires unsold work to be returned by post, dispatch will occur strictly in accordance with our postage policy, and the artist remains fully responsible for all associated costs and postage fees.
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Storage Fees & Lien: If artwork is not collected within a reasonable timeframe following the nominated dates, the gallery reserves the right to impose a daily storage fee. If accrued storage fees exceed the specified retail price of the artwork, The Brisbane Gallery, at its sole discretion, may claim ownership of the unsold artwork in lieu of payment for outstanding fees.
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9. Eligibility
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Age Requirement: Artists must be at least 18 years of age to enter.
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Minors: If an artist is under 18 years of age, a parent or legal guardian must submit the entry and agree to these Terms and Conditions on the minor's behalf.
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10. Termination Agreement
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Termination by Gallery: The Brisbane Gallery reserves the right to terminate an artist's participation agreement immediately if the artist breaches these terms, delivers damaged/misrepresented work, or engages in conduct damaging to the gallery's reputation.
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Termination by Artist: The artist may request termination in writing prior to exhibition installation, provided all accrued administrative or handling fees are paid.
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Effect of Termination: Upon termination, the gallery will remove the artwork from display. The artist remains responsible for prompt collection/freight costs and any outstanding obligations or fees owed to the gallery.
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11. Australian Consumer Law
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Nothing in these Terms and Conditions excludes, restricts, or modifies any statutory guarantees, rights, or remedies implied by the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited. All gallery liability protections apply only to the maximum extent permitted under Australian law.