Commercial agreement

John Moores Painting Prize 2016  

This agreement is between NML Trading Ltd, hereinafter referred to as the “Licensee", located at World Museum, William Brown Street, Liverpool L3 8EN, UK, and the artist hereinafter referred to as the "Artist".

NML Trading Ltd is a wholly owned subsidiary trading company of National Museums Liverpool. 

All of NML Trading Ltd’s profits are returned to National Museums Liverpool to support its work.

Merchandising

1.0 This agreement permits the Licensee the right to produce and sell merchandise representing an artwork if shortlisted for inclusion in the John Moores Painting Prize exhibition.

2.0 This agreement permits the Licensee the right to manufacture and sell merchandise representing the artwork within the retail outlets at National Museums Liverpool including its online store.

3.0 The Licensee will decide whether a shortlisted artwork is suitable for merchandising purposes.

4.0 The term of this agreement will commence upon both parties signing. The Licensee is permitted to produce merchandise until 27 November 2016 but will retain the right to sell through existing stock beyond this date. Any extension to the length of this agreement must be agreed by both parties in writing.

5.0 The Artist will waive royalty payments related to merchandise produced throughout the duration of the agreement term as defined in (4.0). 

6.0 The Licensee will decide on the type of merchandise to be produced. This may include an exhibition catalogue, 2D printed items (including but not limited to postcards, greetings cards and prints) and 3D gift or souvenir items (including but not limited to mugs, coasters and fridge magnets).

7.0 This agreement requires the Licensee to protect the integrity of the artworks by ensuring:

7.1 Colour is reproduced as faithfully as possible

7.2 The work is reproduced in its entirety where possible

7.3 If the work is cropped, this is clearly identified next to the title of the artwork on the reverse of the product as follows: [Title of artwork] (detail)

7.4 The work is not subjected to any derogatory treatment

8.0 The Artist will retain copyright of the listed artwork. The Licensee will credit the Artist on all merchandise produced as follows: Reproduced by kind permission of [artist name].

9.0 The Licensee will list the full title and date of the artwork and the full name and dates of the artist as a credit line on all merchandise produced. 

10.0 The Licensee will ensure that all products are safe for the use for which they were intended.

11.0 The Licensee will not, directly or indirectly, assist any other person to use any child labour in the manufacture or distribution of these products.

12.0 The Licensee will ensure that the use of the artwork will not reflect adversely on the image, goodwill or reputation of National Museums Liverpool or the Artist.

Painting sales

13.0 The Artist will accept that if shortlisted the submitted artwork must be available for sale for the duration of the exhibition and that the Walker Art Gallery, if it requests to do so, is given first option to purchase that work.

14.0 The Artist will accept that if selected for the exhibition any sale of the exhibited artwork during the exhibition period will be exclusively undertaken by the Licensee and must not be reserved for sale or sold by any other means.

15.0 The Artist accepts that the exhibited artworks will be listed as available for sale on the John Moores Painting Prize exhibition website.

16.0 The Artist will be responsible for fixing the selling price of the artwork.The price must be fixed when the artwork is submitted to the exhibition and will remain fixed at that price throughout the exhibition unless otherwise agreed by the Licensee and the Artist. If VAT registered the Artist must include VAT in their overall selling price.

17.0 The Licensee will charge the Artist commission on artworks sold during the exhibition period at a rate of 30% of the selling price plus VAT (on the commission) at the prevailing rate. If the Artist is registered for VAT, the commission will be applied to the painting sale price exclusive of VAT.

18.0 The Licensee will pay the Artist the selling price less 30% commission plus VAT at the prevailing rate.  If registered for VAT it is the responsibility of the Artist to pay VAT on income derived from sale of their artwork.

19.0 If the Artist permits sale of their artwork outside of these terms during the exhibition period the Licensee will reserve the right to invoice the Artist for 30% commission of the agreed painting price. 

20.0 Non-compliance with the terms of this agreement may lead to work being disqualified from the John Moores Painting Prize competition and exhibition.