ART FESTIVAL PARTICIPATION AGREEMENT
This Art Festival Participation Agreement ("Agreement") is entered into by and between Karakana Initiative Limited (“Karakana”), hereinafter referred to as the "Organizer," and the participating artist, hereinafter referred to as the "Artist," collectively referred to as the "Parties."
1. Festival Participation
1.1. The Artist agrees to participate in Kesho Afrika Festival 2023 (the "Festival") organized by the Organizer on the dates specified in the Festival schedule.
1.2. The Artist shall submit their works, including but not limited to paintings, printed photographs, crafts, and designs (the "Artworks"), for presentation and display at the Festival, as agreed upon between the Parties.
2. Artwork Submission
2.1. The Artist is responsible for the timely delivery of their Artworks to the Festival venue, in the manner and schedule determined by the Organizer.
2.2. The Artist shall provide accurate information and descriptions of each Artwork, including title, medium, dimensions, and pricing, for cataloging and promotional purposes.
3. Display and Sale of Artworks
3.1. The Organizer reserves the right to determine the display location and arrangement of the Artworks within the Festival venue.
3.2. Prices of the Artworks will be set by the Artist and should be consistent with the prices submitted to the Organizer. Karakana Initiative will not take any commissions on items, art or goods sold during the Festival.
3.3. The Artist agrees that all sales transactions will be facilitated through the Organizer, and payments to the Artist will be made within [7 working] days after the conclusion of the Festival.
4. Promotion and Marketing
4.1. The Artist grants the Organizer and partners the right to use images of the Artworks for promotional and marketing purposes related to the Festival, including but not limited to, print materials, social media, videos, photos and the Festival website.
5. Liability and Insurance
5.1. The Artist is responsible for insuring their Artworks during transportation, display, and the Festival. The Organizer is not liable for any loss, damage, theft, or destruction of Artworks.
6.1. The Organizer reserves the right to terminate this Agreement and remove Artworks from display if the Artist breaches any terms and conditions outlined herein or engages in conduct that is detrimental to the Festival.
7. Intellectual Property
7.1. The Artist retains all intellectual property rights to their Artworks. The Organizer does not acquire any rights, including copyright, to the Artworks.
8.1. The Artist agrees to indemnify and hold harmless the Organizer from any claims, losses, or liabilities arising from the Artist's participation in the Festival, including but not limited to claims of copyright infringement.
9. Governing Law
9.1. This Agreement shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.
10. Entire Agreement
10.1. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, whether written or oral, relating to the subject matter hereof.