General Terms and Conditions

Section 1 Copyright

1.1 Declaration of Authorship
Gabriela Drees-Holz | Kunsthaus Dreho (hereinafter referred to as the Artist) warrants that the work is her property and free from third-party rights. The Artist further warrants that the work is her own original creation.

1.2 Use and Exploitation
Any use and exploitation of the work is permitted only after notification and with the consent of the Artist and is valid only for the agreed duration and purpose.

Unless otherwise agreed, possession of the work does not include any exploitation or usage rights under copyright law; this applies in particular to public exhibition.

1.3 Attribution
The artist's name must be credited whenever the work is used.

1.4 Appropriate Remuneration
The artist is entitled to appropriate remuneration for every use or exploitation of the work (Section 32 of the German Copyright Act).

1.5 Publications
All images, reproductions, and publications of the work require the artist's consent.

Documents provided for the use of the work (photos, slides, texts, etc.) may only be published with the consent of the artist named on the documents and with attribution.

1.6 Current Reporting on the Exhibition
In connection with an exhibition, the right to current reporting on the work is granted, as is the right to reproduce the work on posters, invitations, on the internet, and in the catalog.

1.7 Resale Right / Right of Access
The resale right (Section 26 of the German Copyright Act) and the right of access (Section 25 of the German Copyright Act) are recognized. Furthermore, there is an obligation, insofar as it is reasonable, to temporarily allow the artist to use the work (e.g. for exhibitions, retrospectives, etc.).

Section 2 Rights, Obligations, and Services of Both Contracting Parties

2.1 Delivery of the Work
The artist is obligated to deliver the work on the agreed date, in perfect condition, and clearly labeled.

2.2 Presentation / Technical Requirements
The artist and the user will mutually agree on the type and scope of the presentation. The user will provide and finance the necessary technical requirements.

2.3 Events
If the artist's presence at an event is desired for the presentation of the work, she is willing to attend, provided the date is arranged in a timely manner. The user will bear the associated costs; the same applies to all subsequent events.

The artist's presence must be mentioned in all promotional materials.

2.4 Publications / Catalogue
The user will bear the costs for the design and production of all publications. Services provided by the artist in this context will be invoiced to the user.

The print run, as well as the design and production of the publications and/or catalogue, will be determined by mutual agreement between both contracting parties. The artist will receive a sufficiently large portion of the print run free of charge for her own use. 
 

2.5 Liability
The artist is liable only for damages caused intentionally or through gross negligence by her or her agents.

2.6 Insurance
The insured value corresponds to the sale price. The user bears the full cost of any necessary insurance. Proof of insurance must be provided.

2.7 Transport / Transport Insurance
The user is responsible for the full cost of the proper transport of the artwork to and from the venue, including insurance.

2.8 Warranty / Maintenance / Repair
The artist's warranty for the artistic design is excluded unless otherwise agreed in the contract. Maintenance obligations are not assumed unless separately agreed upon.

2.9 Destruction / Theft / Damage / Weather-Related Damage
The user shall take all necessary, technically feasible, and reasonable precautions to prevent damage, theft, etc., to the artwork.

In the event of destruction or loss of the artwork, the user or owner is obligated to inform the artist immediately; this does not affect the artist's right to claim damages.

2.10 Intended Destruction by the Owner
In the event of intended destruction of the artwork, the owner is obligated to inform the artist in advance and reach an amicable agreement with them, e.g., returning the artwork free of charge.

2.11 Travel Expenses
The artist's travel expenses, accommodation costs, and additional expenses incurred in fulfilling the contract will be reimbursed by the user upon presentation of receipts.

2.12 Additional Services
Additional services provided by the artist will be billed separately by the user. A cost estimate must be provided upon request.

2.13 Return of the Artwork
If the artwork is only temporarily loaned to the user, they are obligated to return it immediately and in perfect condition upon termination of the contract.

An extension of the loan period requires the artist’s consent. In this case, any agreed-upon fee for the loan will be increased proportionally; the additional amount is due at the beginning of the extension.

§ 3 Payment Terms

3.1 Payment Terms
All claims of the artist/artist group for payment are due in two equal installments: half upon conclusion of the contract and half upon completion of the services owed by the artist. Payment is due without deduction within the statutory period.

3.2 Value Added Tax (VAT)
Sales prices include statutory VAT. All other fees are subject to statutory VAT.

3.3 Retention of Title
The artwork remains the property of the artist until full payment of both the sales price and any fees for additional services rendered by the artist has been received. Furthermore, extended retention of title applies.

3.4 Reduction of Fees
Dislike of the artist’s work, a commission, or a presentation does not entitle the client to a reduction of fees.

3.5 Obligation to Pay Contributions
The statutory social security contribution for artists, as well as any applicable contributions to relevant collecting societies, are borne by the user, provided they are liable to pay such contributions.

Section 4 Cancellation and Termination of Contracts (German Civil Code § 649)

4.1 Form
Cancellations and terminations of contracts must be in writing.

4.2 Cancellation by the User: In the event of cancellation by the user, a fee is due for the work not yet used; this fee amounts to at least 50 percent of the agreed fee plus documented material costs.

4.3 Cancellation by the Artist: In the event of cancellation by the artist, the reimbursement of fees paid up to the date of cancellation is excluded.

4.4 Cancellation due to Illness: In the event of cancellation due to illness of the artist, a medical certificate must be provided. Reimbursement of fees already paid is excluded.