SINGAPORE CLAY FESTIVAL ’23 TERMS AND CONDITIONS FOR PARTICIPATION

Applicants
The Singapore Clay Festival ’23 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 Goh Eck Kheng, Wendy Cheong and Seah Tzi-Yan.

Date and Place of The Singapore Clay Festival ’23 (“the Festival”)
The Singapore Clay Festival ’23 will be held from 2 – 5 November 2023 at Artspace@Helutrans,
39 Keppel Road, #01-05 Tanjong Pagar Distripark, Singapore 089065

In the unlikely event of a pandemic or other disaster 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 an  event.

Withdrawal, Revocation of Applications and Termination
• Participants who wish to withdrawal from the Festival must do so in writing to the Organizers by 30 August 2023, upon which 90% of the application fee will be refunded.
• No refunds will be made if notice of withdrawal is given after 30 August 2023.
• 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 Singapore Clay Festival ’23). In the event of such termination, Participants shall be given a full refund of their application fee.

Clay Works Criteria
• Clay works submitted/ on display/ on sale 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 or stand applied for.
• 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
• An application fee for the table or stand applied for is payable on application. Payment should be to Clay Festival Pte Ltd UEN 202226568G by Paynow or inter-bank transfer to OCBC A/C No. 595 037359 001 Clay Festival Pte Ltd.
• A full refund will be given to unsuccessful applicants.
• The fee includes the costs for table or stand applied for, standard administration, organisation and marketing services provided by the Organizers and insurance costs for public liability. 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 on delivery and installation day and must correspond with the items displayed.
• Subsequent additions to and withdrawals in the list must also be provided to the Organizers.
• Clay works should be safely and easily displayed on a tabletop (for those with tables) or other display device (for those with stand bookings). Participants bear their own risk for the works displayed and the organizers will not be responsible for any loss or damage incurred.
• All sale 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.
• Participants and/or their representatives must keep proper numbered cash sale receipts itemising clay works sold
• The Organizers will provide basic wrapping service for clay works sold. Participants may also provide use their own packing materials.

Curated Group Exhibition (Shaping Clay)
• STEP 1 - Selection is by submission of portfolio of up to 10 recent works, along with a short artist statement
• STEP 2 - On selection by the panel, up to 6 clay works, new or produced no earlier than 2018, may be submitted for consideration by the Selection Panel for the Curated Group Exhibition
• The decision of the Selection Panel of clay works chosen for Curated Group Exhibition is final.
• Notification of a potter’s acceptance for the Curated Group Exhibition will be made by 14 August 2023.
• 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 the Curated Group Exhibition.
• 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 Paynow / bank account (provided by the Participant) by 31 December 2023.

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 Singapore Clay Festival ’23 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 5 November 2023 between 6:00 pm to 8:00 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 30 November 2023.

Allocation of tables/stands and position of exhibits
The Organizers will allocate tables/stands to Participants at the Clay Makers’ Market, and also determine the positions of display at the Curated Group Exhibition. The decision of the Organizers is final.

Access
Free access to the Festival is by showing the confirmation email / participant’s lanyard provided 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: Wednesday, 1 November 2023, 2 pm – 8 pm
Collection date and time: Sunday, 5 November 2023, 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 the Group Exhibition 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. Each participant may purchase necessary 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 $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 days, the party not affected may terminate this agreement by giving seven 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.