Linda Anderson not too long ago made a great posting on her and other's experiences at the Edina Art Fair. It hits squarely on an issue we all have had to face and sadly, continue to face: that of promoters/shows with a no booth refund policy. Politely put, that policy sucks. As a community of artists involved with promoters, and in the best interest of the show and ourselves (probably have that reversed some might say), let's do a community group effort here.
What options can we offer up to promoters to do away with that dreaded policy?
The starting premise, for me (correct me where you feel differently) is that shows rent us spaces on the ground, whether outside or in a building. If they can fill the space they rented us with someone else before their event, why should we NOT get our money back? After all, is that not the function of a wait-list? Or a portion thereof, in proportion to the amount of energy and cost they have expended to date and to logistically swap out artists? Yes, they have put in time and effort and some level of costs to jury and develop their list of accepted artists. Often, though, with volunteer staff where money is not an issue. Yes, sometimes if called at the last minute the programs (if a show even has them) will be made up and someone off the wait list will not be included. Some might argue that in such a case, the artist taking the spot at the last minute maybe should be charged less for their spot. Though again, if no program is printed, not an issue. And, sometimes, being called off the wait list results in a far better spot than might have been assigned given their jury score (assuming promoters assign booth spots using that system, which, as Linda found out, Edina does).
So, what would constitute a fair booth refund policy for a show to implement, that would would be fair to both the promoters and artists?
And, second, do you all agree, disagree, or are we all split on the issue that if a booth has a no booth refund policy, or any type of restrictive refund policy, that ANY and ALL rules be disclosed in the application, whether a paper application or online system (i.e., ZAPP or JAS) BEFORE WE PAY A SINGLE PENNY IN EVEN A JURY FEE? That is to me fair and full disclosure, it's absence fraudulent. If there is a no booth refund policy, we need (ethically and I believe probably legally) to be given full disclosure of whatever 'agreement' we are agreeing to. Yes? No? Otherwise, how can any "contract" be valid?
Have at it!
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No, thank you for posting it Paula. This is not a rant at all. Rather, a good discourse of how to approach shows and promoters. As you concur, tell us the rules, have them make sense, and most of us will follow them. Then promoters need to penalize those artists that choose not to follow the rules - aka: enforce the rules. The more all artists communicate with each other to exchange ideas and perspective, then with promoters to understand why things are done as they are and offer suggestions of how to do things better, the more promoters will begin to understand that we DO pay attention, we DO care, we DO think about things, we DO want to make a difference, as a group we DO have a lot of valuable experience they can tap into for solutions, and we DO want to work with them if they, in turn, care about their event, their patrons, their artists.
As you say Paula, with the presence of the internet, there is no reason that even shows using ZAPP and JAS, should easily be able to place a link to their website where they will elucidate ALL rules, each and every rule, before we apply.
I would also appreciate any with a legal background to jump in and educate us whether this is an instance of contractual law. One in which a failure by a promoter to disclose all rules before we pay our fees, thereby completing "the agreement", should entitle us to a full and complete refund if those rules were not complete or change at a later date in a way we do not find acceptable and cannot agree to.
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As you say Paula, with the presence of the internet, there is no reason that even shows using ZAPP and JAS, should easily be able to place a link to their website where they will elucidate ALL rules, each and every rule, before we apply.
I would also appreciate any with a legal background to jump in and educate us whether this is an instance of contractual law. One in which a failure by a promoter to disclose all rules before we pay our fees, thereby completing "the agreement", should entitle us to a full and complete refund if those rules were not complete or change at a later date in a way we do not find acceptable and cannot agree to.
Thanks again Paula.