Liability and Abandonment Agreement & Artist Code of Conduct

Updated November 2018

Safety, Liability and Insurance

Toronto Outdoor Art Fair (TOAF) takes place at Nathan Phillips Square, and is a free event open to the public and all people. The City of Toronto security number will be provided in your artist handbook for situations that you feel require attention. If you require Toronto Police Services, please call 911. Please notify staff or volunteers at the info tent of suspicious behaviour as soon as possible.

In consideration of TOAF providing you with a display area, you fully understand and completely agree that you will not hold TOAF, its board members, staff, volunteers, agents, contractors, affiliates and sponsors, or the City of Toronto, liable for any bodily injury, mental distress, death, lost or stolen property or loss or damage to any property belonging to yourself or any other person in, on or about your display area or on the site . Artists must secure adequate insurance coverage protecting themselves and all exhibit material from damage, theft and injury for the duration of the show including setup and tear down. As a part of your contract you are responsible for any loss or damage occurring at your booth.

Changes to your Booth Location

You understand that unless otherwise stated, your booth fee only covers your physical footprint and does not include a tent rental. All artists are responsible for renting or bringing their own white pop up tent. You acknowledge, understand completely, and fully agree that TOAF and their site hosts, the City of Toronto/Nathan Phillips Square affiliates and associates, may need to make changes to the event site footprint with or without notifying you, leading up to, during setup and/or during the live event after you set up. These changes may result in your booth display location being moved to another area of the site footprint. If you have set up a display that the City of Toronto or TOAF does not approve of we can ask you to alter and/or remove said display. You acknowledge this, understand, and completely and fully agree that said changes/alterations, with or without notice to you, would not give rise to any claim by you or result in the City of Toronto or TOAF owing any refund given these said changes.

Weather

You understand TOAF is a rain or shine event and agree to participate regardless of the weather. You understand and agree that in the event of severe weather conditions TOAF may be delayed, postponed or cancelled to ensure public safety and will not issue a refund or any compensation due to weather-related issues.

International Artists

International artists participating in TOAF are responsible for acquiring any required government authorization or visa and working with a customs broker to import their works into Canada. TOAF accepts no responsibility for any delays or seizures at the border, including exhibitors being turned away due to inadequate paperwork, criminal record or other reasons.

Payment

You acknowledge that Toronto Outdoor Art Fair does not accept cash or cheque payments for application, storage, advertising and booth fees under any circumstance. You must submit all payments via credit card, visa debit or prepaid credit card.

Application fees, storage fees and all related booth fees are non-refundable and non-negotiable under all circumstances.

Time Commitment

You also acknowledge, understand, and completely and fully agree, that you, the artist, must register and be present at your booth before 10:00 am EST on Friday July 6, 2018, or you will be considered to have abandoned your booth and further, that if you, the artist, are not present at your booth by this time, whether or not you have registered, TOAF cannot guarantee your booth, display area, rental equipment, display tent, fencing, chairs, tables and accessories. TOAF and their affiliates are free to dismantle, move, and distribute all or part of the booth, display materials and accessories, and you will not be eligible for any refund or compensation from TOAF or their affiliates and will not hold them financially responsible or liable in any way.

If you experience an unavoidable delay please notify TOAF staff via phone or email. If approved by TOAF staff, arrange for a representative to attend and set up before 11 am EST. Artist sales must end according to the fair hours, and booths must close at these times  (Friday 7:00 pm, Saturday 7:00 pm, Sunday 5:00 pm). Artists are expected to be loaded out and off the Square in a timely manner (90 minutes after fair close time).

Artist Must be Present

Artists must be present during the entire length of the fair and be there to represent themselves and their artwork; the artist may not hire a representative to sell artworks on their behalf because this practice is not consistent with TOAF values of an accessible artistic sphere where artists can and should engage with the public. If you sell out, TOAF asks that you return and are present for the remainder of the fair to represent yourself through engaging with visitors in conversation about your work for all three days of the fair. We take pride in putting the public in direct access with the artists who create the work. You acknowledge, understand, and agree, that you, the artist, will physically attend and sell your own artworks at the fair.

Artists are encouraged to bring family, friends etc. to aid in booth management, allow them to take coffee, lunch and washroom breaks etc. However your associates are not to replace your physical presence at the fair unless TOAF staff has given approval. Approval will only be given in emergency situations. In the event of an unforeseen absence or emergency, the artist must notify TOAF staff in writing (via email), and permission to designate a representative to replace the artist is at the discretion of TOAF staff upon receiving written notice. Artists recognize that their absence may result in their booth being shut down or ineligibility for awards judging.

Marketing

You acknowledge that your participation means artists will automatically be signed up for the TOAF newsletter and receive artist communications. You understand that TOAF’s promotional material and visual assets that are shared with you cannot be altered, and they can only be shared as is to protect the integrity of the design and brand. By submitting an application you allow TOAF to reproduce images of your work and bio text for use on the internet for the purpose of promoting the Fair. All images will be appropriately credited.

Other Responsibilities

You agree fully to leave the booth display area as found, removing all garbage and all other materials used to exhibit your work at Toronto Outdoor Art Fair, on the weekend of the Fair July 12-14, 2019.

Artist Code of Conduct

Toronto Outdoor Art Fair (TOAF) values respectful behaviour, openness, positive attitude and a sense of community as our core culture. In all of our relationships, communications and partnerships with our stakeholders and artists, we abide by these core values and we expect the same in return from you.

TOAF has a zero tolerance policy for inappropriate behaviour including, but not limited to, the use of foul language or insulting, racial slurs, and physical violence and verbal assault towards staff, volunteers, other artists or TOAF affiliates. If this type of behaviour occurs, the artists will be escorted off the premises with no refunds of booth fees, application fees, Higgins rental fees, parking fees or any other expenses or payments and future participation in TOAF will be jeopardized.

To ensure fairness for every artist, the rules contained in this agreement will be strictly enforced. Consequences for violating the Liability and Abandonment Agreement are at the discretion of TOAF staff and board and can include your removal from the square with no refunds, as well as possible exemption from participating in future fairs.

You acknowledge that you fully understand and completely agree with the above terms, conditions and consequences as part of your participation in TOAF.