The question is if an application says jury fee not refundable and the application and pictures never make it through that process because the application was submitted by mistake through an electronic site 4 weeks after the show was closed.
After the realization of this mistake the show was contacted and to date the show had not contact the artist. So the first contact was done by the artist via e-mail With no response. Finally a response came but it was not regarding their application and it said that they had told them that had addressed their application with them and the jury fee and application would be held for the next show.
After the receipt of this e-mail the artist than called to talk with them and to let them know that they must have mistaken them for another artist. When speaking with the it was felt that this was no big deal and do not bother them because they had said that they would just keep the fee and app until the next show. The response from the artist was you can not keep that fee even though it was stated on the site because it never went through the jury process in fact the promoter did not even know that the application had been submitted.
So is the artist right that the jury fee be returned or does the promoter have the right to keep the fee because the site says jury fee is nonrefundable?
Here is my position a jury fee is for a process that artists have to go through to enter a show. If it dose not go through this process there should be no charge because nothing was done. I believe that the artist would have not had a issue with this if it had said application fee. They did complete and file an application for the show on the site.
Please let me know what you think and has anyone ever run into this issue, especially since fees are getting so high.
