Terms and Conditions for Entry to the Summer Exhibition
These Terms and Conditions (“the Terms”) apply to your purchase of a Royal Academy of Arts Summer Exhibition (“the Exhibition”) entry form (“the Entry Form”) for the submission of artworks (“Work(s)”) to the Exhibition by you through the RA website (“the Website”) under the domain name royalacademy.org.uk.
The Terms also cover any sale of your Work(s) at the Exhibition or arising from it.
The Exhibition will take place in the Main Galleries of Burlington House, Piccadilly, London W1J 0BD and a selection of images of Works (which may include your Work(s)) will be displayed on the Website.
“You” shall mean the person buying and submitting the Entry Form and potentially selling the submitted Work(s), whether that is You as an artist or creator (“Artist”) or as a contributor (“Contributor” defined below). “Your” shall be construed accordingly.
Please read these Terms carefully before completing the purchase of the Entry Form as they will form the contract between You and the Royal Academy of Arts (“the RA”).
1. The Royal Academy of Arts
The RA is a charity registered in England and Wales number 1125383 and a company limited by guarantee registered in England and Wales with number 6298947, whose registered office is at Burlington House, Piccadilly, London W1J 0BD. The RA’s VAT number is GB 100 1935 71.
For information requests, please contact us at the above address for the attention of the Summer Exhibition Office.
Telephone: +44(0)20 7300 5929/5969
2. Entry Form Price
There are two types of Entry Form: one for submitting one Work and another for submitting two Works. The price for these forms is different and is published on the Website. All prices for the purchase of the Entry Form are inclusive of UK VAT. Only one Entry Form may be submitted by You (the Artist or Contributor) for the Exhibition.
The RA will treat each order (“an Order”) for an Entry Form which is placed when You click on the Continue to Payment button after You have agreed to the Terms, as an offer by You to purchase the type of Entry Form You have selected. You are responsible for ensuring the accuracy of Your Order and, subject to payment, the RA will supply You with the Entry Form selected in Your Order. The RA will confirm each Order by e-mail and such confirmation will be the RA's acceptance of the contract. You will not receive a refund if You order an Entry Form for one or two Works and later withdraw Your application. The registration fee is non-refundable.
4.1 An Order can be placed by You only if You are the Artist or if You are expressly authorised as a gallery, agent or other representative to place an Order and submit Work(s) on behalf of an Artist or are expressly authorised by the estate of a deceased Artist (“Contributor”).
4.2 Except as provided in clause 4.3 in relation to deceased Artists, if You are a Contributor for a live Artist, You warrant and represent that:
4.2.1 You have the express authority of the Artist of the Work(s) to place an Order and submit the Work(s) for the Exhibition in accordance with the Entry Form process;
4.2.2 You have first consulted with the Artist and made all appropriate enquiries for the purpose of providing the information required by the Entry Form process; and
4.2.3 You have express authority from the Artist to enter into this contract and that You agree to be bound by its Terms and assume the liabilities hereunder as the Artist would if they had entered the Work(s) directly.
4.3 If You are a Contributor for a deceased Artist, You warrant and represent that:
4.3.1 You have the express authority of the estate of the deceased Artist to place an Order and submit the Work(s) for the Exhibition in accordance with the Entry Form process;
4.3.2 You have made all appropriate enquiries for the purpose of providing the information required by the Entry Form and process;
4.3.3 the deceased Artist whose Work(s) You are submitting has been deceased no longer than a year on the final date for online submission; and
4.3.4 You agree to be bound by the Terms of this contract and assume the liabilities hereunder.
The RA does not retain Your card details after processing Your payment.
6. Submitting Works
6.1 Once purchased, Your Entry Form is non-transferable so that only You will be able to use it. In the event of misuse of Your Entry Form, where it transpires that You have used more than one Entry Form, the RA reserves the right to ban You from entering the forthcoming Exhibition and any Exhibition in the future.
6.2 Your Entry Form must be completed and submitted by You strictly in accordance with the Entry Rules (“the Rules”). Failure to do this will mean that the Work(s) submitted under the Entry Form is inadmissible and will be withdrawn from the selection process for the Exhibition.
6.3 You must ensure that submitted Work(s) conforms to all applicable health and safety standards and regulations. You agree to indemnify the RA, its staff and visitors to the Exhibition for any loss, damage, cost or expense which results or arises from a breach of such standards and regulations.
6.4 By submitting Your Work(s), You confirm that the Work(s) is in a condition to withstand normal rigours of handling and display at the RA.
6.5. By submitting Your Work, You confirm that the Work is free and clear of any liens, claims, encumbrances or restrictions, that the use of the Work under the Terms will not infringe upon or violate the rights of any person or entity, and that to the best of Your knowledge and belief the Work has not been exported from any country and shall not be imported into the United Kingdom in violation of any applicable laws or regulations.
6.6. If You do not own all of the rights, title and interest in and to the Work, You must expressly inform the RA in writing of all relevant details concerning all other third parties’ rights to the Work. You shall indemnify the RA against all losses, liabilities, costs and expenses in respect of claims made by third parties alleging partial or total ownership of the Work or any rights in the Work, including intellectual property rights.
6.7 If You are submitting Work(s) from abroad then taxes may be levied at the port of entry into the UK. You will not list the RA as the importer of the Work(s). You agree to indemnify the RA for any charges or taxes incurred by it as a result of (I) the importing of the Work(s) for the purposes of display in the Exhibition and (II) for any back taxes due from You to HMRC on or arising from any sale of the Work(s).
7. Withdrawal of Works
The RA reserves the right to deny admission or withdraw a Work(s) from the Exhibition if for any reason the Work(s), or any circumstances surrounding the display of the Work(s), appears to the RA to expose it to potential or actual damage to its reputation, risk of legal proceedings or enforcement including, without limitation, the alleged breach of third party intellectual property rights.
8. Sale of Work(s) (applicable to all types of sales)
8.1 The sale of any Work(s) by the Artist or Contributor exhibited in the Exhibition (including all prints or cast sculpture from an edition allocated for sale therein) will be subject to the payment of 30% commission (“the Commission”) (plus any applicable VAT) from the Artist or Contributor to the RA, of the VAT exclusive sales price of such Work(s).
8.2 The Commission will also be payable to the RA where the sale of any Work(s) takes place after the close of the Exhibition, where that sale is made as a direct or indirect result of its display in the Exhibition. All substantive enquiries and negotiations between a potential purchaser (“the Purchaser”) and You regarding the sale of any Work(s), along with any sale once concluded, shall immediately be notified to the RA.
8.3 Commission payments received by the RA will be used to support the work of the RA Schools and its other charitable activities. A deposit (“the Deposit”) equal to the Commission (plus any applicable VAT) will be taken from the intending Purchaser by the RA at the time the Purchaser offers to buy the Work(s).
8.4 The RA's role is strictly limited to introducing the Purchaser to You. The RA does not act as Your agent or partner, and has no authority to negotiate or conclude the sale of a Work(s). All sales of Work(s) shall be regulated by separate terms of sales between You and the Purchaser.
8.5 When a Purchaser pays a Deposit to the RA in respect of any Work for sale, this Deposit constitutes an offer by the Purchaser to purchase the Work in question (“the Offer to Purchase”). If for any reason You do not accept the Offer to Purchase, please inform the RA and the Deposit will be refunded to the Purchaser by the RA.
8.6 If the sale is not concluded for any reason as a result of a default under the contract between You and the Purchaser, You shall have no claim to the Deposit. The RA reserves the right to retain the Deposit in lieu of Commission.
8.7 Any disputes relating to the sale of the Work(s) shall be resolved directly between You and the respective Purchaser without the RA’s involvement.
8.8. If You are registered for VAT You will be required to provide the Purchaser with a VAT invoice for the full sale price of the Work. All arrangements regarding the sale of the Work(s) shall be made in writing.
8.9. If You do not have a UK residence You will have to register for UK VAT and supply a UK VAT number to us if You wish to sell Your Work(s) in the UK. Failure to do this will entitle the RA to withdraw Your Work(s) from sale in the Exhibition.
8.10 The RA will provide the Purchaser’s details (including their personal data) to you for the purposes of completing and fulfilling the purchase. You hereby agree to comply with all relevant data protection regulations in respect of such personal data, including the Data Protection Act 1988 and the Privacy and Electronic Communications Regulations in force. Please note that the RA will not have obtained any consent to marketing, whether electronic or otherwise in favour of the Artist or Contributor.
9. Additional Terms for Distance Sales
9.1 Your Work(s) may be made available for purchase by means of distance selling (i.e. online or by telephone) in accordance with this Clause 9.
9.2 Unless You opt out of such distance selling, if Your Work(s) is a limited edition from which unframed prints are for sale, the intending Purchaser will be able to pay the Deposit through the Website or by phone.
9.3 All other Work(s), including unframed prints, will be available to purchase over the telephone (but not through the Website) using the number provided by the RA.
9.4. By permitting the RA to process the Deposit online or over the telephone as described above, You agree that the sale You make to the Purchaser will be made in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any other applicable legislation (“the Regulations”). As a result, the following process shall take place.
9.4.1. Shortly after the Deposit has been processed by the RA You will be notified that an Offer to Purchase Your Work has been made. If You accept the Offer to Purchase You agree to include the following information (“Key Information”) in Your terms of sale with the Purchaser. The Key Information shall be given to the Purchaser on paper or on some other 'durable medium' such as an email. The Key Information shall include:
9.4.2. You agree that every Purchaser is entitled to cancel the purchase of Your Work(s) purchased by a distance sale from the moment you agree to accept the Offer to Purchase until the expiry of 14 days from the day the Purchaser receives the Work(s). If the Purchaser buys multiple Work(s) from You, the 14 days runs from when the Purchaser receives the last of the Work(s). This 14 day period is the time that is given to the Purchaser to decide whether to cancel and then the Purchaser has a further 14 days to send the Work(s) back. Failure to provide the required information about this right to cancel could result in such rights being extended by a further year.
9.4.3. In the event of a cancellation, You agree to the Purchaser’s right to a refund which means that You must refund the Purchaser within 14 days of either You receiving the Work(s) back or the Purchaser providing evidence of having returned the Work(s), whichever is sooner. You agree to refund any payment received from the Purchaser in accordance with the provisions of the Regulations. You will notify the RA of a cancellation straight away and the RA will then return the Deposit.
9.5. Delivery of the Work(s) to the Purchaser for unframed prints and all other editioned Work(s), excluding those Work(s) from an edition which are displayed in the galleries as part of the Exhibition shall be as follows:
9.5.1. You agree to be responsible for the condition of the Work(s) until it is received by the Purchaser.
9.5.2. You will deliver the Work(s) within 30 days from the date on which the Offer to Purchase is accepted and the Key Information provided unless a longer period has been agreed.
9.5.3. If delivery is later than agreed, the Purchaser has the right to terminate the purchase and receive a full refund.
9.6. Delivery of other Work(s) sold by distance sale will be made in accordance with Clause 11.
9.7. You will immediately notify the RA should a refund be made to the Purchaser.
9.9. You hereby indemnify the RA for any claims from third parties resulting from the breach of Your obligations under Clause 9.
10. Collection of non-exhibited Work(s)
10.1. If Your Work(s) is not accepted for the Exhibition, You will be informed when Your Work(s) must be collected by email.
10.2. If any Work(s) has not been removed by the date specified in the email, the RA will charge a fee of £15 per week per Work or part thereof in respect of each such Work. The charge will be payable by the person collecting the Work(s).
10.3. Notwithstanding the provision in clause 10.2, if any Work(s) has not been removed within three months of the final collection date for non-exhibited Work(s), the Work(s) will be deemed to have been abandoned by You and the RA shall be entitled, without notifying You, to sell or otherwise dispose of such Work(s) and to use the proceeds of the sale to cover any outstanding charges under Clause 10.2.
11. Close of the Exhibition for Exhibited Work(s)
11.1. If your Work(s) has been accepted for the Exhibition, before the close of the Exhibition You will be informed when Your Work(s) must be collected. You will receive a separate Removal Order for each exhibited Work. You are required to collect Your Work(s) during a specified period. This Removal Order must be completed and signed by You. If the Work(s) has been sold You shall send the Removal Order to the Purchaser as soon as full payment has been received. In the event that You sign the Removal Order and full payment has not been received, this will be strictly at Your own risk.
11.2. If any Work(s) has not been removed by the date specified on the Removal Order, the RA will charge a fee of £15 per week per Work or part thereof in respect of each such Work. The charge shall be payable by the person presenting the Removal Order.
11.3. No Work(s) will be released by the RA without the presentation of a correctly completed Removal Order.
11.4. No Work(s) that has been accepted and displayed at the Exhibition may be removed prior to the close of the Exhibition.
11.5. Notwithstanding Clause 11.2, if any unsold Work(s) has not been removed within three months of the final collection date for exhibited Work(s), the Work(s) will be deemed to have been abandoned by You and the RA shall be entitled, without notifying You, to sell or otherwise dispose of such Work(s) and to use the proceeds of the sale to cover any outstanding charges under Clause 11.2.
12. Online Access
While the RA endeavours to ensure that the Website is available 24 hours a day, the RA will not be liable if for any reason the Website is unavailable in part or whole at any time or for any period including, without limitation, during the last 24 hours before the submission deadline. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond the RA's control.
13. Intellectual Property Rights
13.1. By submitting a Work(s) when You are the Artist of such Work(s), You confirm that You hold all intellectual property rights in the Work(s) and that You have obtained any third party consents required for the use of third party owned material contained in the Work(s).
13.2. By submitting a Work(s) when You are a Contributor, You confirm that either You or the Artist hold all intellectual property rights in the Work(s) and that the Artist or You have obtained any third party consents required for the use of third party owned material contained in the Work(s).
13.3. By submitting a Work(s) whether as the Artist of the Work(s) or as a Contributor, You consent to the RA and/or RA Enterprises Limited (“RAE”) and/or another third party permitted by the RA or RAE: (I) filming and making available the whole or any part of the Work(s), including but not limited to the right to include the Work(s) in any broadcast (and rebroadcast) by any broadcaster (including the BBC) and any licensees of any broadcaster; (II) filming, broadcasting and/or reproducing the whole or any part of the Work(s) for archival, educational, publicity and marketing (including without limitation on the Website, Exhibition posters, leaflets, private view cards and all forms of social media), press, signage, gallery guide and catalogue purposes and (III) reproducing images of the whole or any part of the Work(s) from the Website that has been submitted by You. The consent is irrevocable and given without payment of any fee or royalty and includes consent to make available the Work(s) in all media (including without limitation all forms of electronic and social media) for perpetuity and on a world-wide basis.
13.4. By submitting a Work(s) whether as the Artist of the Work(s) or as a Contributor You agree that members of the public will be allowed to take photographs of the Work(s) (alone or in combination with other works) for personal and non-commercial use during the Exhibition period. The RA will install notices in the Main Galleries indicating that photography is permitted provided it is for personal and non-commercial use. The RA will not be responsible if any images of the Work(s) taken by persons in the Main Galleries are exploited commercially in violation of the permission given, and in such circumstances it is up to the Artist and/or Contributor to defend their intellectual property rights in the Work(s).
14. Limitation of Liability
14.1. Except as provided in this Clause 14, the RA shall have no liability to You whatsoever for any loss of business or profits, loss or damage to reputation, or for any indirect or consequential loss or damage of whatever nature, howsoever caused, whether occurring in contract, tort (including negligence) or otherwise arising out of or in connection with the Exhibition.
14.2. Except as provided in this Clause 14, the RA shall have no liability whatsoever for any loss, damage destruction, deterioration or wear, including damage to frames (“Damage”):
14.2.1. caused to a Work(s) submitted for or exhibited at the Exhibition; and/or
14.2.2. caused to a Work(s) that has not been submitted in accordance with the Rules.
14.3. Nothing in these Terms shall have the effect of limiting or excluding either party’s liability to the other for death or personal injury caused by its own negligence or caused by its fraud (including fraudulent misrepresentation).
14.4. The RA shall only be liable under these Terms for Damage to a Work(s) to the extent that such Damage arises as a direct result of the RA's negligence provided that at the time of collection of the Work(s) such Damage is notified to the RA in writing.
14.5. Subject to Clauses 14.3 and 14.4, the entire liability of the RA arising out of or in connection with these Terms, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, shall not exceed (I) the value of that Work(s) as stated in the Entry Form or (II) the value of the Work(s) determined in accordance with the valuation process set out in Clause 14.6, and in either case, if the Work(s) is for sale, less the amount representing the RA's commission and any posting and packaging costs.
14.6. If the RA disputes the value of the Work(s) or the amount of the Damage to the Work(s), the dispute as to the value or the amount shall be referred, independently of any issue as to liability, to an expert independent valuer to be chosen by the RA provided that the valuer's determination shall not exceed the RA's maximum liability in accordance with Clause 14.5. The valuer shall act as an expert and not an arbitrator. The valuer's decision shall be final and shall be conclusive evidence of the value of the Work(s) or the amount of the Damage to the Work(s). The valuer's costs will be borne equally between the RA and You unless the valuer otherwise directs. You shall not be entitled to begin or maintain any action in respect of any Damage until the valuer has made a decision in accordance with Clause 14.6 as to the value of the Damage and such action shall then be only for the amount determined by the valuer.
15. Third Parties
No third party shall have any rights under or in relation to the Terms.
16. Force Majeure
For the purposes of these Terms, a Force Majeure Event means an event beyond the reasonable control of the RA including but not limited to strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. The RA shall not be liable to You under these Terms as a result of a Force Majeure Event.
If a court or any other competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other Terms shall not be affected.
18. Entire Agreement
These Terms contain the whole agreement between the parties relating to the subject matter of this agreement at the date hereof to the exclusion of any terms implied by law which may be excluded by contract. Each of the parties agrees that it has not entered into these Terms in reliance on any representation, warranty, undertaking or other statement, expressed or implied, orally or in writing, given or made by or on behalf of the other party except in so far as contained in these Terms. This clause shall not apply to any representation, warranty, undertaking or statement made fraudulently or which was induced by fraud.
19. Law and Jurisdiction
These Terms and the contract of which they form part shall be governed by and construed in accordance with English law. Any disputes arising in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.