General terms and conditions
General terms and conditions
- Purpose and Scope of Kunst in Ootmarsum
Kunst in Ootmarsum is an annual art event presenting a diverse range of visual arts to a broad public. The event aims to make art accessible, foster interaction between artists and visitors, and promote the quality and diversity of the visual arts. Participating artists are expected to exhibit primarily their own original works. Demonstrating artistic techniques and providing explanations of one’s own work are strongly encouraged by the organization. Exhibiting or selling mass-produced commercial items or other non-original artistic expressions is not permitted, unless prior written permission has been granted by the organization. - Organization
Kunst in Ootmarsum is organized by the Stichting Kunst in Ootmarsum, registered in Ootmarsum, hereinafter referred to as "the organization". The organization consists of volunteers and is responsible for the preparation, execution, and coordination of the event. The organization reserves the right to make decisions regarding the layout of the event, the allocation of stands, artist participation, and all other matters necessary for the orderly conduct of the event. - Location
The event takes place in and around the Simon and Jude Church (Simon en Judaskerk), the Kerkplein, and the adjacent streets in the city center of Ootmarsum. In addition, at its sole discretion and depending on available space, the organization may provide supplementary exhibition venues, including halls, gallery spaces, and hospitality locations. No rights can be derived from a preference for a specific location or stand space. The final layout of stand spaces and exhibition locations is determined exclusively by the organization. - Stand Spaces
The organization provides each participant with a stand space in the form of a market stall or a pagoda tent. A market stall consists of a metal or wooden frame with a white canopy, measuring approximately 4 meters wide by 1.5 meters deep. A pagoda tent measures approximately 4 × 3 meters, features white side walls, and can be zipped closed. The organization will affix the participant card to the assigned stall or pagoda tent. One chair is provided per stand space. In the case of a pagoda tent, one table is also provided. The participant is required to use the provided materials with care. Upon conclusion of the event, the provided table and chair(s) must be left complete and undamaged inside the empty stall or pagoda tent. Any damage or loss may be charged to the participant. - Setup and Opening Hours
Kunst in Ootmarsum takes place annually during the last weekend of August. The official opening hours of the event are:
- Friday: 11:00 AM – 5:00 PM
- Saturday: 11:00 AM – 5:00 PM
- Sunday: 11:00 AM – 5:00 PM
The organization's information desk is open daily from 9:00 AM. Participants must check in personally at the information desk every day prior to the opening of the event. After checking in, the assigned stand space can be set up. The stand space must be fully set up and ready to receive visitors before the opening time. Dismantling or leaving the stand space before the end of official opening hours is not permitted without prior authorization from the organization. During setup, the event itself, and teardown, participants must follow instructions from the organization, emergency services, and authorized officials. Escape routes, emergency exits, and fire extinguishing equipment must remain unobstructed at all times. - Participation and Admission
Participation in Kunst in Ootmarsum applies to the full duration of the event. Partial participation is permitted only with prior written approval from the organization. A registration is valid only if:
- the digital registration form has been completed fully and truthfully;
- the required participation fee has been paid in full within the specified payment term;
- the participant has agreed to these General Terms and Conditions.
All registrations are evaluated by the selection committee of Kunst in Ootmarsum. This committee decides independently on admission to the event. No correspondence will be entered into regarding the selection process or its outcome. The number of participants that can be admitted depends on available stand spaces, the quality and diversity of the offerings, and applicable permits, safety regulations, and other municipal guidelines. Participation is strictly personal. Transferring the assigned stand space, in whole or in part, to a third party or allowing someone else to participate in place of the admitted participant without prior written consent from the organization is prohibited. - Participation Fees and Payment
Participation fees are listed on the current registration form on the Kunst in Ootmarsum website. The full participation fee must be paid within fourteen (14) days of the invoice sent, to bank account number NL73 RABO 0305 9846 59 in the name of Stichting Kunst in Ootmarsum. If payment is not received fully and on time, the organization reserves the right to cancel the participation without further notice of default. In that case, the right to the assigned stand space lapses, and the organization may assign it to another participant. - Cancellation by the Participant
Well before the start of the event, the organization incurs costs for items such as permits, facilities, and reservations. Therefore, the following cancellation conditions apply:
- For written cancellations received up to three (3) weeks prior to the start of the event, 50% of the paid participation fee will be refunded.
- For cancellations made within three (3) weeks prior to the start of the event, no refund of the participation fee will be issued.
- If a participant fails to appear without prior cancellation, the entire participation fee is forfeited to the organization.
A cancellation is valid only if received by the organization in writing or via email. - Power Supply
Market stalls are not equipped with an electrical connection. For pagoda tents, a power connection may be made available—strictly provided this was requested during registration and is technically feasible. The organization cannot guarantee its availability. The participant is responsible for providing proper and safe electrical connection materials, including a suitable CEE plug (camping plug), extension cables, and any other required equipment. All electrical equipment used must comply with applicable safety regulations. - Publicity and Use of Media Materials
The organization handles the promotion of Kunst in Ootmarsum through websites, social media, printed matter, advertisements, press releases, and other communication channels. Participants are requested to submit biographical information, images of artworks, and other promotional materials in a timely manner during registration for publicity purposes. The organization will process this information with the utmost care. Obvious errors or inaccuracies in publications do not entitle the participant to any compensation. Documentation materials provided by the participant will be stored in the archives of Stichting Kunst in Ootmarsum. Intellectual property rights and copyrights for the submitted images and artworks remain with the participant at all times. By participating, the participant grants the organization a non-exclusive, worldwide, royalty-free license to use, publish, and reproduce the supplied media materials for promotion, reporting, archiving, and future editions of Kunst in Ootmarsum, across both print and digital media. No additional consent or fee is required for this usage. - Allocation of Locations
The organization determines the final layout of the event and the allocation of all stand spaces. Although the organization takes participant preferences into account where possible, no rights can be derived from a preference or a previous placement. The organization reserves the right to alter the layout and assigned stand space, even during the event, if deemed necessary for reasons of safety, logistics, organizational circumstances, or the general interest of the event. - Sale of Artworks
Participants are solely responsible for the sale of their own artworks. If artworks or other permitted items are offered for sale, they must be clearly marked with a selling price. Artworks without a displayed price will be considered not for sale. All sales are concluded directly between the participant and the buyer. The organization is not a party to these transactions and accepts no liability in connection therewith. - Parking
Several public parking facilities are available within walking distance of the event venue in the center of Ootmarsum, including:
- Smithuisstraat (Aula Ad Fontes);
- Sporthal De Schalm, Wildehof 2;
- Oldenzaalsvoetpad parking lot;
- Zwembad De Kuiperberg parking lot, Stobbenkamp.
Participants are individually responsible for parking vehicles and any associated costs. The organization explicitly notes that many parking spaces on both the Oostwal and Westwal are reserved strictly for residents (permit holders). - Privacy
The organization processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Dutch GDPR Implementation Act. Personal data is processed exclusively for purposes related to the organization, execution, and promotion of Kunst in Ootmarsum. The manner in which the organization processes, stores, and protects personal data is further detailed in the Privacy and Cookie Statement of Kunst in Ootmarsum, as published on the website. - Processing and Retention of Personal Data
By registering for Kunst in Ootmarsum, the participant consents to the processing of personal data provided to the extent necessary for organizing the event. The organization processes only personal data necessary for:
- processing the registration;
- communicating with participants;
- organizing and executing the event;
- administrative obligations;
- providing information about future editions of Kunst in Ootmarsum, unless the participant objects.
Personal data will not be sold or shared with third parties, unless necessary for the execution of the event, required by law, or authorized in advance. Personal data will not be retained longer than necessary for the purposes for which it was collected. - Liability
Participation in Kunst in Ootmarsum is entirely at the participant's own risk and expense. Participants are responsible for their own artworks, property, materials, stand setup, and other belongings during setup, the event itself, and teardown. The organization is not liable for loss, theft, damage, or destruction of artworks, property, or materials belonging to participants, nor for indirect damages, consequential loss, or lost income, except in cases of intent or deliberate recklessness by the organization. Participants are liable for damage caused by themselves, their employees, or assistants to property belonging to the organization, other participants, or third parties. Participants are advised to obtain adequate liability and property insurance covering the duration of the event. - Force Majeure
If the event cannot take place in whole or in part, or must be modified due to force majeure—including but not limited to extreme weather conditions, pandemics, fire, government measures, terrorism, strikes, technical failures, or other circumstances beyond the organization's control—the organization shall not be liable for any resulting damage. In such cases, the organization reserves the right to reschedule, adjust, or cancel the event. If incurred expenses warrant doing so, the organization may decide not to refund the participation fee, in whole or in part. - Final Provisions
In all cases not provided for by these General Terms and Conditions, the board of Stichting Kunst in Ootmarsum shall decide. These General Terms and Conditions and all agreements between the organization and the participant are governed exclusively by Dutch law. Any disputes shall be submitted to the competent court in the jurisdiction where Stichting Kunst in Ootmarsum is established.
