Terms

Updated April 2021 

By uploading your artwork to Toronto Outdoor Art Fair (TOAF) website, you are agreeing to the Terms listed below. Please read and understand this document thoroughly as it is legally binding for all artists on Toronto Outdoor/Online Art Fair platform. 

Liability

Artists expressly assume all risk and liability arising from listing and offering their artworks for purchase on the TOAF website. Toronto Outdoor Art Fair has no responsibility for the fulfilment of any artworks listed on the website. TOAF does not guarantee sales of artwork. Artists will not hold TOAF accountable for any financial or other loss or damages you may experience.

Modifications to these Terms

Toronto Outdoor Art Fair reserves the right to modify or terminate the Terms, at any time and without prior notice. If we modify these Terms, we will post the changes online or provide you with notice of the modification. By continuing to access or use our website after we have provided you with notice of changes, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must stop using our website. We encourage you to check back regularly to review these Terms. These terms will be posted on the TOAF website.

Modifications to the Website (Services)

We may modify or remove any uploaded artwork images or written content from the website at any time without notice to you, including the removal of any works of art or content that we believe to be of poor quality, not abiding by our Reproduction Policy, not in the category you were juried in for or otherwise objectionable.

We reserve the right to correct any errors, or inaccuracies, and to change or update information if any such information on the TOAF website or Terms is inaccurate at any time without prior notice. 

Eligibility

The website and Terms are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is prohibited. By accessing or using the TOAF website you represent and warrant that you are 18 or older.

Developing your Artist Account

Artists can make up to 10 artworks available on the TOAF website for display and/or purchase at a time. The Artist is responsible for providing descriptions and high-quality photographs of artwork for the website. Artists agree to provide accurate descriptions and depictions of the artworks. Artists agree that artworks put up for sale are in good condition and free from defects in material, workmanship, and design. Artists must set their own artwork prices. It is the artists’ responsibility to include taxes in the total price of the artwork if they wish to collect HST. Artists are also responsible for setting their own shipping costs and coordinating the shipping or delivery of artwork to the buyer. It is your responsibility to ensure your TOAF profile is kept up to date with accurate artwork availability and prices. Artists must have all content (artworks with images, descriptions and prices and profile information) ready by the assigned deadline date in advance of the online Fair. 

Selling Artworks Externally

If you plan to sell artworks externally (not via TOAF’s Shopify Powered Platform) you must link directly to a checkout link to your own ecommerce functioning website. Links to third party ecommerce platforms are not allowed. URLs that do not link directly to a check-out button will not be allowed.

International Artists

International artists participating in TOAF are responsible for acquiring any required government authorization or visa and working with a customs broker to ship their works from their home country to clients. The artist is responsible for directly contacting the client to arrange the shipment of work and directly. You understand that all artworks will be listed, and processed in Canadian currency.

Payment

You acknowledge that Toronto Outdoor Art Fair does not accept cash or cheque payments for application, storage, advertising, artwork sales, booth and participation fees under any circumstance. Payments can only be submitted via credit card, visa debit, prepaid credit card, and TOAF gift card. You understand and acknowledge that all artwork sales are processed through Shopify. By listing your artwork for sale on the TOAF website, you agree to abide by all Shopify Terms of Service as well. Application fees and spotlight ad fees are non-refundable and non-negotiable under all circumstances. Booth fees and participation fees are non-refundable and non-transferable after the deadline date.

Artist Payout (During the Fair)

You understand that a 10% administration commission will be collected by TOAF on the final sale price of artworks sold through our website for artwork sales that take place July 2-11, 2021. You understand and agree that Toronto Outdoor Art Fair shall deduct from the payment received by customer 10% administration commission fee plus any applicable taxes, any additional fees agreed upon and any chargebacks, fees, surcharges, penalties, or expenses required, prior to payment to you. Your profit of sales (minus 10% commission) will be paid to you by email transfer to your banking email collected by TOAF. Payouts will be processed at the end of July, 2021. Artists are required to provide proof of delivery if requested by TOAF. Cheques for international artists will be made out to the legal name and mailed to the address listed in your TOAF profile. It is your responsibility to ensure that your legal name and mailing address is up-to-date in your online profile.

Artist Payout (After the Fair)

Your TOAF artist profile will remain visible to the public until December 31, 2021. All artwork sales for TOAF60 artists will cease on December 31, 2021. All artwork sales that continue beyond July 11, 2021 will be subject to an increased administrative commission of 15%, deducted from the sale of the artwork. After the Fair, your profit of sales (minus 15% commission) will be paid to you by email transfer only once per month. 

Shipping

It is your responsibility to make the shipping costs/requirements clear in the artwork description, and arrange the payment of said costs with the buyer directly. If the artwork is being sold through the TOAF platform, it is your decision to charge a fee for shipping at the time of purchase, or alternatively collect payment for shipping costs from the buyer separately. The artist is responsible for shipping the artwork to the buyer upon receiving the notification that the artwork has been sold. It is the artist's responsibility to contact the buyer and confirm the shipping address provided in the sales information is correct. 

Refunds

Artwork is nonrefundable unless negotiated and mutually agreed upon between the buyer and the artist, and then brought to TOAF to process within 30 days of purchase. No refunds will be issued after 30 days from date of purchase. Both the artist and the buyer must contact TOAF to request the refund. TOAF will issue a refund to the customer for fees paid. It is the responsibility of the buyer and the artist to arrange the return and cover return shipping costs of the artwork. It is the artist's responsibility to ensure that all artworks listed on the TOAF platform are kept up to date if sold on alternative platforms. TOAF reserves the right to recoup funds paid to the artists associated with refunds. A 5% (of artwork cost) administrative fee will be charged for any refunds associated with double purchases as a result of artists not keeping their TOAF profile up to date. Any funds paid by TOAF to cover refunds will be deducted from the artist's payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be invoiced to the artist and must be paid to TOAF within 15 days of receipt of invoice.

Artist Profile and Creation Warranty

Artists recognize that their inability to prepare their online profile properly may result in their profile being removed from the platform or ineligibility for awards judging. You agree to only upload and sell artworks that are your own, and that you are the sole creator of the artwork. You understand that the artworks you upload will remain on the TOAF platform until December 31.

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 logo, 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 and uploading artwork to the platform you allow TOAF to reproduce images of your work and profile text for use on the internet for the purpose of promoting the Fair. All images will be appropriately credited. Artists retain copyright. 

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, verbal and written assault towards staff, volunteers, other artists or TOAF affiliates. If this type of behaviour occurs, the artists will be removed from the platform with no refunds of participation fees, application fees, Higgins Event rental fees, parking fees or any other expenses or payments and future participation in TOAF will be jeopardized. For more information please read the TOAF Equity and Non-Discrimination Policy.

To ensure fairness for every artist, the rules contained in this agreement will be strictly enforced. Consequences for violating the Terms are at the discretion of TOAF staff and board and can include your removal from the Fair 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 Toronto Outdoor Art Fair.