Upon form submission, artists are acknowledging acceptance of the following terms and conditions and consenting to the use of their personal data as described in §12.
§1 TERMS OF AGREEMENT
This event is open to artists globally. The sales agreement comes into effect when Openhalle successfully auctions the artwork. Following selection, the artwork will be delivered to and held by Openhalle for the duration of the exhibition and auction (see §4).
Openhalle operates as an independent art auction house. Works submitted via this open call are consigned to Openhalle for auction under the terms set out below.
Should a sale occur, Openhalle will retain a commission of 45% of the final price. The non-refundable ten euro (€10) entry fee helps cover the administrative and curatorial costs of the selection process.
§2 SUBMISSION REQUIREMENTS
§2.1 Entry Fee and Submissions: Artists may submit one or more artworks for consideration. A separate submission and a non-refundable entry fee of ten euros (€10) are required for each individual artwork submitted. While multiple entries from a single artist are permitted (each with its own fee), a maximum of one artwork per artist will be selected for the final exhibition. The entry fee contributes directly to the costs of administering this open call (e.g., curatorial review, communication, and exhibition planning) and is not retained as profit.
2.2 Eligibility by Size: Artworks must have all dimensions under 80 cm to be eligible for submission.
2.3 Right of Refusal: Openhalle reserves the right to refuse an artwork upon in-person inspection only if it meets one of the following criteria: a) The work arrives damaged. b) The work is materially different from the image submitted. c) The work does not meet the stated presentation requirements (e.g., ‘artwork on paper’ arrives unframed as per §3). In the event of such a refusal, the non-refundable entry fee will not be returned, as it covers the initial curatorial review.
2.4 Artist Information: Artists are responsible for ensuring the accuracy of their submitted information. Inaccurate details may result in disqualification.
§3 ARTIST RESPONSIBILITIES
Artists affirm the authenticity of their submitted artwork. Artwork on paper must be framed or professionally mounted, with the framing/mounting cost borne by the artist.
§4 DELIVERY AND RETRIEVAL OF ARTWORK
4.1 Selected artists must deliver their artwork to Openhalle by the stated due date, bearing all associated costs.
4.2 Confirmation of Receipt: Openhalle will confirm the receipt of all delivered artworks via the artist’s provided email. We will perform a visual inspection upon unboxing. If the work arrives with any significant, visible damage, we will notify the artist immediately with photographic evidence.
4.3 Collection Period: Unsold work remains the artist’s property. The “Collection Period” is a 7-day window following the end of the auction during which artists must make collection arrangements. This 7-day window is the deadline for making arrangements, not for the completion of shipping. Within this 7-day period, artists must do one of the following:
a) Collect the artwork in person; OR
b) Email a verifiable, pre-paid shipping label to Openhalle for the artwork’s return.
4.4 Storage Fees: Should the artist fail to either collect their work or provide a shipping label by the end of the Collection Period, Openhalle will send at least one collection reminder to the artist’s provided email address. A daily storage fee of 5€ per artwork will then begin to accrue. Storage fees reflect the limited storage capacity and ongoing handling costs of the gallery.
4.5 Abandonment: If the artwork remains uncollected and no shipping has been arranged for thirty (30) days after the Collection Period has ended (i.e., 37 days total post-auction), and Openhalle has made at least two (2) written notification attempts, the artwork will be deemed abandoned.
4.6 Abandonment and Sale of Artwork: Upon being deemed abandoned, Openhalle is granted a lien on the artwork and the right to sell it to recover accrued storage fees and reasonable administrative/sale costs associated with its handling, storage, and disposition. Any proceeds from such a sale, after deduction of these fees and costs, will be remitted to the artist. Once the artwork has been sold or otherwise disposed of under this clause, no further storage fees will accrue and no additional amounts will be pursued from the artist. If, after reasonable attempts, the artwork cannot be sold, Openhalle reserves the right to donate or dispose of the artwork at its sole discretion. In such cases, no further storage fees will accrue and no additional amounts will be pursued from the artist.
4.7 All delivery and collection costs, including any accrued storage fees described in §4.6, remain the artist’s responsibility.
§5 USAGE RIGHTS
Artists provide Openhalle with permission to utilise images of the artwork for promotional activities (e.g., website, social media, press) for the exhibition and for archival purposes.
§6 DISPLAY OF ARTWORK
All artworks selected for the auction will be professionally installed and displayed in the physical exhibition at the Openhalle venue for the duration of the event.
§7 PRICING AND SALES POLICY
7.1 Artists must set an Estimated Value and a Starting Price. Openhalle reserves the right to negotiate both of these amounts prior to exhibition.
7.2 Estimated Value Criteria: The Estimated Value must be professional and set in good faith.
- For artists with an established sales history: The value must reflect similar works sold within the last 18 months and must be professional and demonstrable.
- For artists without an established sales history: The value should be based on the work’s medium, size, and labor.
Openhalle reserves the right to negotiate all Estimated Values and Starting Prices prior to exhibition. Random or arbitrarily inflated estimates may disqualify the entry.
7.3 Sales Process: The highest bid will constitute the final sale price.
7.4 Post-Auction Sales: At the time of submission, artists may opt-in to a ‘Post-Auction Sale’ period. For artists who opt-in, Openhalle will offer any unsold artwork for sale for one (1) week at the designated Starting Price. Any sale made during this period is subject to the same 45% commission agreement as defined in §1.
7.5 Prohibited Conduct: Artists are strictly prohibited from bidding on their own work. In the event of a violation, the artist will be disqualified and liable to pay Openhalle 50% of the artwork’s Starting Price as a penalty.
§8 LIABILITY AND CARE
8.1 Openhalle shall exercise reasonable care in the handling, storage, and display of all artworks.
8.2 Openhalle’s liability begins upon our confirmed receipt of the artwork (as per §4.2) and ends when the artwork is collected by the artist or their designated courier (as per §4.3).
8.3 Artists are responsible for insuring their own work during transit to and from the gallery.
8.4 In the unfortunate event of loss, theft, or irreparable damage to an artwork while in Openhalle’s custody, Openhalle’s liability shall be limited to the net proceeds the artist would have received. This amount is calculated as 55% of the artwork’s designated Starting Price or 55% of the artwork’s Estimated Value, whichever is higher (i.e., the artist’s share after the 45% commission).
§9 FEEDBACK POLICY
Due to the high volume of submissions, individual feedback on entries cannot be provided.
§10 FORCE MAJEURE
Openhalle shall not be liable for any failure to perform its obligations under this agreement where such failure is due to events beyond its reasonable control (a “Force Majeure Event”), including but not limited to acts of God, fire, flood, natural disaster, war, government action, or exhibition cancellation due to public health emergencies.
§11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany. The parties agree that any dispute arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.
§12 DATA PROTECTION (GDPR)
Openhalle is committed to protecting your privacy. By submitting your information, you consent to Openhalle processing your personal data (name, email, address, etc.) in accordance with the EU General Data Protection Regulation (GDPR). Your data will be used solely for the purposes of administering this open call, managing the exhibition, and communicating with you about related Openhalle activities. We will not share your data with third parties without your explicit consent.