TERMS AND CONDITIONS

SINGAPORE CLAY FESTIVAL ’21 ("the Festival")

TERMS AND CONDITIONS FOR PARTICIPATION


Applicants
The Festival is open for application to:

  • all potters and ceramists based in Singapore; and

  • commercial ceramic studios, workshops, and crafting and teaching centres in Singapore.

 

Applications are not open to commercial art galleries.


Applicants under the age of 18 must have the permission of a parent or guardian.
 

The Festival is organized by the following individuals (the Organizers):

  • Wendy Cheong

  • Goh Eck Kheng

  • Seah Tzi-Yan

 

Date and Place of the Festival
The Festival is currently planned to be held from 25 – 29 November 2021 at Enabling Village, 20 Lengkok Bahru, Singapore 159053.


In view of the on-going COVID-19 situation, the Organizers reserve the right to:

  • cancel, postpone or shorten the duration of the Festival; and/or

  • re-locate the Festival to another location.


In such an event, Participants may, upon notice being given to the Organizers, withdraw their participation from the Festival. The Organizers reserve the right to determine the amount of refund to be made to the Participant in such event.


Withdrawal, Revocation of Applications and Termination

  • Participants who wish to withdraw from the Festival must do so in writing to the Organizers by Mon 30 August 2021, upon which 90% of the application fee will be refunded.

  • No refunds will be made if notice of withdrawal is given after Mon 30 August 2021.

  • The Organizers reserve the right to revoke accepted applications without cause and will refund the full application fees paid.

  • The Organizers may, by giving one month’s notice in writing to Participants, terminate this agreement (and accordingly the cancellation of the Festival). In the event of such termination, Participants shall be given a full refund of their application fee.

 

Clay Works Criteria

  • Clay works submitted must have clay as the main medium of the work.

  • Clay works submitted must be original works created by the potter who must have been based in Singapore at the time of creation.

  • The potter must own the copyright in the clay works displayed at the Festival. Copyright remains the property of the potter, and any enquiries concerning copyright will be referred to the potter.

  • Clay works for the Clay Makers' Market must fit the table (approximately 60 cm x 120 cm) provided.

  • No clay works shall be placed directly on the floor. Clay works not displayed must be kept securely in boxes under the table. No other storage space will be provided by the Festival.


Clay Makers' Market

  • A fee of S$480 per table is payable on application. The fee shall be made by inter-bank transfer to DBS 120-809709-8, payable to either Goh Eck Kheng, Wendy Cheong Wan Lu or Seah Tzi Yan.

  • A full refund will be given to unsuccessful applicants.

  • The fee includes the costs for 1 table (approximately 60 cm x 120 cm), standard administration, organization and marketing services provided by the Organizers and insurance costs for public liability and artwork insurance cover (limited by terms and conditions by the insurance provider). Participants may procure additional insurance cover for themselves and their clay works if they so require.

  • Participants may offer as many clay works as they wish for sale at prices set by themselves.

  • No commission will be charged by the Organizers for the sale of clay works at the Clay Makers' Market.

  • A list of clay works for sale, their images and prices must be submitted to the Organizers and must correspond with the items displayed. The form will be emailed to accepted applicants and it must be submitted before the clay works are delivered to the exhibition venue.

  • Subsequent additions to and withdrawals in the list must be provided to the Organizers daily.

  • Clay works should be easy to display on a tabletop.

  • All sales should be on a “cash and carry” basis. The Organizers will not provide any services for collection of payment or delivery.

  • Participants and/or their representatives must be present to transact sales and collect payment subject to prevailing Covid-19 Safe Management Measures.

  • Participants and/or their representatives must keep proper numbered cash sale receipts itemising clay works sold. The Organizers will provide Participants with a “Daily Sales Transacted” form which must be completed and submitted to the Organizers at the end of each day.

  • Participants should provide their own packing materials for clay works sold.

Kids Makers’ Market

  • A fee of S$80 per person is payable on application. The fee shall be made by inter-bank transfer to DBS 120-809709-8 payable to either Goh Eck Kheng, Wendy Cheong Wan Lu or Seah Tzi Yan.

  • A full refund will be given to unsuccessful applicants.

  • The fee includes the costs for shared table (approx. 60x120 cm), standard administration, organization and marketing services provided by the Organizers and insurance costs for public liability and artwork insurance cover (limited by terms and conditions by the insurance provider). Participants may procure additional insurance cover for themselves and their clay works if they so require.

  • Participants may offer as many clay works as they wish for sale at S$5-S$80 each.

  • No commission will be charged by the Organizers for the sale of clay works at the Kids Makers' Market.

  • A list of clay works for sale, their images and prices must be submitted to the Organizers and must correspond with the items displayed. The form will be emailed to accepted applicants and it must be submitted before the clay works are delivered to the exhibition venue.

  • Subsequent additions to and withdrawals in the list must be provided to the Organizers daily.

  • Clay works should be easy to display on a tabletop.

  • All sales should be on a “cash and carry” basis. The Organizers will not provide any services for collection of payment or delivery.

  • Participants and/or their parent/guardian must be present to transact sales and collect payment subject to prevailing Covid-19 Safe Management Measures.

  • Participants should provide their own packing materials for clay works sold.

'Shaping Clay: Masterpotters & Clay Makers' curated group exhibition ("Shaping Clay")

  • Up to 3 clay works, produced no earlier than 2019, may be submitted for consideration by the Selection Panel for 'Shaping Clay'.

  • The decision of the Selection Panel of clay works chosen for 'Shaping Clay' is final.

  • Notification of acceptance of clay works for 'Shaping Clay' will be made by Thu 30 September 2021.

  • Clay works should be easy to display on a tabletop. If any clay work requires any specific fixtures please describe this clearly with a diagram.

  • The creator’s name, title, medium, size, year of production and price must be given on labels provided by the Organizers.

  • The Organizers shall, on behalf of the Participant, manage the sale of the clay works for  'Shaping Clay'.

  • The Organizers shall be paid a 30% commission of the selling price of each clay work sold. The remaining 70% shall be transferred to the bank account provided by the Participant by Wed 29 December 2021.


Entire Festival

  • The Organizers reserve the right to refuse and remove any clay work displayed, exhibited and offered for sale which is deemed unsuitable by the Organizers.

  • The Organizers have the right to use images supplied by Participants and to photograph the clay works for marketing and publicity of the Festival and subsequent editions of the Singapore Clay Festival.

  • All Participants must remove all clay works and property from the Festival venue on the last day of the festival on Mon 29 November 2021 between 6 pm and 8 pm. The Organizers have the right to retain and dispose of any unremoved clay works, as it deems fit, if any such clay works have not been claimed by Mon 13 December 2021.

Allocation of Tables and Position of Exhibits

  • The Organizers will allocate tables to Participants at the Clay Makers' Market, and also determine the positions of display at 'Shaping Clay'. The decision of the Organizers is final.


Access

  • Free access to the Festival is by showing the confirmation email sent by the Organizers.


Delivery

  • Participants are responsible for the delivery and collection of their clay works at the Festival venue within the times given by the Organizers. If you have delivery support, please give us their contact details at least five (5) working days in advance.

  • The Organizers will not be responsible for any loss or damage to the clay works during shipping and handling. Please use a responsible art handler for your deliveries.

  • Delivery date and time: Wed 24 November 2021, 2 pm – 4 pm

  • Collection date and time: Mon 29 November 2021, 6 pm – 8 pm
     

Wrapping and Packaging

  • Clay works should be properly packed and labelled for delivery to the Festival venue. A condition check of the clay works delivered for 'Shaping Clay' will be made when the clay works are received.

  • The Festival will not store any packaging and wrapping. Participants should bring wrapping materials to collect any unsold clay works.


Insurance

  • The Organizers will provide public liability insurance for the Festival and insurance for clay works limited by terms and conditions imposed by the insurer. Each participant may purchase additional insurance for their own clay works.


Limitation of Liability
The Organizers and each of them shall under no circumstances be liable to the Participant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the agreement or the Festival; and The Organizers’ total joint liability to the Participant for all other losses arising under or in connection with the agreement or the Festival, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to S$100.00.


Indemnity
The Participant shall indemnify the Organizers 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 suffered or incurred by the Organizers arising out of or in connection with:
a. any breach or negligent performance or non-performance of this agreement;
b. the enforcement of this agreement;
c. any claim made against the Organizers for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Participant’s clay works exhibited, offered for sale or sold at the Festival;
d. any claim made against the Organizers by a third party arising out of or in connection with the provision of the services or supply of the goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by Participant, its employees, agents or subcontractors; and
e. any claim made against the Organizers by a third party for death, personal injury or damage to property arising out of or in connection with defective goods, to the extent that the defect in the goods is attributable to the acts or omissions of Participant, its employees, agents or subcontractors.


No Partnership
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.


Force Majeure
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed or the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for seven (7) days, the party not affected may terminate this agreement by giving seven (7) days' written notice to the affected party.


Third Party Rights
A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.