THE STORE / CONSIGNMENT AGREEMENT
Please review the following Terms & Conditions for including artwork in the MEPAINTSME Store at https://www.mepaintsme.store.
Effective: August 21, 2024
Mepaintsme LLC, a North Carolina limited liability company ("MEPAINTSME"), owns and operates the online marketplace located at https://mepaintsme.store ("The Store"), that enables clients ("Clients") to purchase certain works of art ("Artwork").
By submitting an Artwork Submission Form ("Submission Form") to MEPAINTSME, you, (the "Artist," "you") accept and agree to abide by these Terms and Conditions and the MEPAINTSME Privacy Policy, together, referred to herein as the Consignment Agreement ("Agreement").
1. Submissions. The Artist has full and clear title to the Artwork set forth on the Submission Form, and authorizes MEPAINTSME to market, promote and sell the Artwork on its behalf, in connection with The Store, as necessary for the performance of MEPAINTSME’s obligations under this Agreement, and for no other purpose.
2. Term. The submitted Artwork is on consignment from the Artist to mepaintsme for one year from the date of submission ("Term"). The physical Artwork will remain with the Artist during the Term.
3. Sales. For any sales of Artwork:
Artist will have sole discretion in determining the Retail Price for each Artwork, which will be listed by the Artist on the Submission Form. List Price must be less than $1000.
Artist agrees to share in a 10% discount, to be extended by MEPAINTSME to its client at MEPAINTSME's discretion.
Artist will receive fifty percent (50%) of the Net Sale Price and MEPAINTSME will receive fifty percent (50%) of the Net Sale Price. The Net Sale Price is the Retail Price, less any discounts or refunds.
MEPAINTSME will notify the Artist upon the sale of any Artwork. Artist agrees to pack and ship the Artwork according to MEPAINTSME shipping guidelines within five (5) business days of notification.
MEPAINTSME will pay for shipping, including a stipend for packing materials (between $5-$10, scaled according to artwork size).
MEPAINTSME will pay the Artist monies due within thirty (30) days of sale of Artwork via PayPal, Venmo or Zelle. All payments are made in United States dollars (USD).
4. Client Data, Privacy. In connection with Artwork shipping, Artist will receive transactional information, including the Client name and shipment address ("Client Data"). Artist may only use the Client Data to perform Artist’s obligations under this Agreement. Artist acknowledges that Client Data shall be confidential and Artist agrees not to disclose Client Data to any third party.
5. Independent Contractor. Artist’s relationship with MEPAINTSME is that of an independent contractor. Artist agrees to provide MEPAINTSME with any forms requested by MEPAINTSME to satisfy any reporting or withholding obligations with respect to any payments under this Agreement.
6. Exclusivity. In order to avoid “double selling” any Artwork, Artist agrees that it will not make the Artwork set forth on the Submission Form available for sale to a third-party during the Term of this Agreement. The Artist is free to enter into similar contracts with other galleries for Artwork not on consignment with MEPAINTSME.
7. Termination. The Artist may withdraw an Artwork from The Store with fifteen (15) days written notice. Either Party shall have the right to terminate this Agreement upon thirty (30) days written notice.
8. Indemnification. You shall indemnify, defend and hold MEPAINTSME harmless against any and all claims, liabilities, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of or incurred in connection with your Submission, your fraud, violation of law, negligence or willful misconduct, or any breach by you of these Terms.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEPAINTSME BE LIABLE TO ARTIST OR ANY THIRD PARTY OR PERSON FOR ANY LOST PROFITS, LOST REVENUES, OR LOSS OF BUSINESS ADVANTAGE, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEPAINTSME'S TOTAL AGGREGATE LIABILITY TO ARTIST FOR ANY DAMAGES OR ALLEGED DAMAGES ARISING FROM OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED $100. THE LIMITATIONS SPECIFIED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. Governing Law and Jurisdiction. Any dispute arising under or related to these Terms shall be brought in an arbitration pursuant to the Rules of the American Arbitration Association ("AAA") and in no other forum. The Parties expressly waive any right to bring an action in a court of law for any dispute arising under or related to these Terms. At the option of either party, and notwithstanding any rule of the AAA to the contrary, an arbitration conducted pursuant to this provision may be conducted virtually and not in person.
11. Electronic Signature. You, the Artist consent to agree to above stated Terms & Conditions by way of electronic signature, and upon email acknowledgement of receipt of the Submission Form, MEPAINTSME agrees to the same.
These Terms shall be governed by the law of the State of North Carolina, United States of America.