Common use of Authenticity Clause in Contracts

Authenticity. Should the authenticity of any work of art be placed in issue during the course of the exposition, Show Management reserves the right to have said work withdrawn from the exposition unless the exhibitor can furnish a provenance suitable to Show Management in its sole discretion for the work in question. All such decisions are at the sole discretion of Show management. Exhibitor is strictly accountable for the authenticity of the works of art which are shown or sold at the Show. The Exhibitor shall indemnify and hold Show Management and Informa Markets Art, LLC harmless against any claims whatsoever made with regard to the authenticity of any work, with regard to any misrepresentation or any irregularity made with respect to the sale of any artwork at the exposition, as well as any expenses incurred by Show Management, including attorney’s fees. Exhibitors are required to abide by all copyright laws. No copyright infringing items may be sold or offered for sale at the show. The sale of copyright infringing items is a material breach of this agreement. Suspected infringing items are subject to seizure by management (in its sole discretion) and will be held for the duration of the show. Repeated violations of this prohibition are grounds for the closure of a booth. No refunds will be paid if a booth is closed for selling infringing works. Management will not be liable to Exhibitor for any refunds or in any other manner for the seizure of allegedly infringing works or the closure of a booth based on claims of copyright infringement. Exhibitor agrees to indemnify and hold management harmless from any damages, costs, expenses (including reasonable attorney fees), judgments and/or settlements which management incurs as a result of claims that Exhibitor is selling infringing items.

Authenticity. Should the authenticity of any work of art be placed in issue during the course of the exposition, Show Management reserves the right to have said work withdrawn from the exposition unless the exhibitor can furnish a provenance suitable to Show Management in its sole discretion for the work in question. All such decisions are at the sole discretion of Show management. Exhibitor is strictly accountable for the authenticity of the works of art which are shown or sold at the Show. The Exhibitor shall indemnify and hold Show Management and Informa Markets Art, LLC Art Miami harmless against any claims whatsoever made with regard to the authenticity of any work, with regard to any misrepresentation or any irregularity made with respect to the sale of any artwork at the exposition, as well as any expenses incurred by Show Management, including attorney’s fees. Exhibitors are required to abide by all copyright laws. No copyright infringing items may be sold or offered for sale at the show. The sale of copyright infringing items is a material breach of this agreement. Suspected infringing items are subject to seizure by management (in its sole discretion) and will be held for the duration of the show. Repeated violations of this prohibition are grounds for the closure of a boothroom. No refunds will be paid if a booth room is closed for selling infringing works. Management will not be liable to Exhibitor for any refunds or in any other manner for the seizure of allegedly infringing works or the closure of a booth room based on claims of copyright infringement. Exhibitor agrees to indemnify and hold management harmless from any damages, costs, expenses (including reasonable attorney fees), judgments and/or settlements which management incurs as a result of claims that Exhibitor is selling infringing items.