AGOP Membership Terms

1. General Provisions

AGOP MTÜ organises exhibition and professional programmes for artists, including physical group and solo exhibitions, online exhibition projects and the presentation of artwork on professional art platforms.

These Terms apply to the annual Active Artist and Maestro programmes. The terms of a particular exhibition, open call or separate project may contain additional rules. Where the specific terms of a project differ from the general rules, the specific terms of that project apply.

The AGOP Exhibition Participation Terms also apply to physical and online exhibitions.

2. Conclusion of the Agreement and Start of Participation

A separate agreement on paper is not required to participate in AGOP programmes unless the law expressly requires a mandatory written form in the particular circumstances.

Under the Estonian Law of Obligations Act (Võlaõigusseadus), a contract may be concluded by an offer and its acceptance, or in another manner that makes the parties’ agreement sufficiently clear. Acceptance may also be expressed through conduct.

Information about programmes and prices on AGOP’s website is an invitation to apply, unless expressly stated otherwise. The artist submits an application, AGOP reviews it and, if the application is approved, sends confirmation of participation and payment information.

Payment after approval of the application constitutes the participant’s acceptance of the terms of the chosen programme, these Terms and the applicable rules of the relevant projects. The agreement is deemed concluded when AGOP receives payment or the payment provider confirms a successful payment.

The programme participation period starts on the same date. Where Maestro is paid in two instalments, the participation period starts on the date the first payment is received.

3. Participation Period and Renewal

Participation in Active Artist or Maestro lasts for 12 months from the start date determined under section 2 of these Terms.

Participation does not renew automatically. AGOP does not automatically charge for the following year unless the participant has separately agreed to such a payment arrangement.

Renewal is arranged separately under the terms and at the price in effect at the time of renewal. A new participation period starts after renewal has been confirmed and payment made.

4. Programmes and Fees

If AGOP offers payment for Maestro in two instalments, the amounts are €369 + €369 (€738 in total). The due date for the second payment is specified in the confirmation of participation or invoice.

If the second payment is overdue, AGOP may suspend the provision of services not yet delivered until the outstanding amount is paid. Such suspension does not in itself extend the 12-month programme period.

The current programme price communicated to the participant before payment takes precedence for that particular purchase. Previously agreed terms and payment amounts for existing participants remain valid.

5. Group Exhibitions

A group exhibition included in a programme entitles the participant to submit work for the relevant AGOP project without an additional participation fee for that exhibition.

The participant must submit work by the stated deadline and comply with the requirements of the particular open call, including accepted media, format, dimensions, submission method, presentation requirements and other technical conditions.

If work is submitted on time and meets the project requirements, at least one of the participant’s works will be included in the group exhibition. Additional works may be selected by curatorial decision within the terms of the particular project.

Participation in a programme does not mean that every work submitted is accepted automatically. AGOP retains the right to make a curatorial selection in accordance with the concept, requirements and capacity of the venue.

6. Online Exhibition on Artsy

Active Artist and Maestro include participation in one AGOP online exhibition hosted on Artsy, with up to 10 works included in the annual programme. Sales commission for participants in AGOP annual programmes is 30%.

The artist provides images and information about the works within the deadlines and in the format specified for the relevant project. Listings are made as part of the AGOP online exhibition and are subject to Artsy’s technical and editorial requirements.

The included online exhibition is not a separate programme of ongoing or year-round representation of the artist on Artsy. Additional Artsy listing programmes are purchased separately.

AGOP does not guarantee artwork sales, a particular number of views, buyer enquiries, publications by third parties or a specific position for the works in the algorithms or results of a third-party platform.

7. Solo Exhibition in the Maestro Programme

Maestro includes the organisation of one solo exhibition for the participant.

The specific venue, dates, duration, number of works and exhibition format are agreed with the artist in advance, taking into account AGOP’s curatorial calendar, the availability of suitable venues, the dimensions of the works and the characteristics of the project.

The participant must provide images, descriptions, biographical materials and other information needed to prepare the project in good time, and arrange delivery of the works unless the parties expressly agree otherwise.

8. Shipping, Packaging and Additional Costs

The annual programme fee covers the AGOP services included in the programme but does not include the cost of shipping works to the exhibition venue and returning them, unless expressly stated otherwise.

The artist independently arranges and pays for appropriate packaging, delivery and return shipping, and bears the associated costs.

Additional conditions concerning shipping, insurance, sales and commission are governed by the AGOP Exhibition Participation Terms and the terms of the particular project.

9. Participant’s Obligations

The participant agrees to:

• provide accurate and up-to-date information;
• meet the deadlines for submitting materials and delivering works;
• submit only works for which they hold the necessary rights;
• comply with the requirements of the exhibition venues and platforms used;
• make the agreed payments on time;
• promptly inform AGOP of circumstances that may affect participation in a project.

If the participant does not provide the necessary materials or works by the stated deadline, AGOP is not obliged to postpone the entire project or change the programme for other participants.

10. Unused Programme Opportunities

The exhibition opportunities included in a programme must be used within the 12-month participation period.

If the artist, by their own choice, does not submit work for an offered project, declines to participate, fails to provide materials by the stated deadline or otherwise does not use an included opportunity during the programme period, the right to that opportunity expires at the end of the 12 months.

An opportunity left unused at the participant’s initiative is not carried over to the next period and is not replaced by monetary compensation.

11. Postponement or Changes to a Project at AGOP’s Initiative

The dates, venue or individual organisational details of an exhibition may change for reasons relating to the venue, partners, technical circumstances or other objective conditions.

If an exhibition opportunity included in the programme has not been provided at AGOP’s initiative because a project has been postponed or cancelled, the participant retains the right to that opportunity.

In such a case, AGOP may reschedule participation or offer a comparable project. Where necessary, this right may be exercised after the end of the original 12-month period.

This section does not limit the participant’s mandatory rights under applicable law.

12. Withdrawal from Participation and Refunds

12.1. Consumer’s Right of Withdrawal

If the participant is an individual acting as a consumer and purchases the programme at a distance for purposes unrelated to their business or professional activity, mandatory consumer protection rules apply.

Where provided by law for a distance contract for services, the consumer has the right to withdraw from the agreement without giving a reason within 14 days of its conclusion.

To withdraw, it is sufficient to send AGOP an unambiguous statement at agop@globalpainters.net before the applicable period expires.

12.2. Starting Performance within 14 Days

If the consumer wishes AGOP to start providing services before the end of the 14-day withdrawal period, AGOP may request a separate express statement, on a durable medium, asking for performance to begin during that period.

If the participant exercises the right of withdrawal after making such a request, they may be required to pay a proportionate amount for the services actually provided up to the time of withdrawal, to the extent and under the conditions permitted by law.

12.3. Withdrawal after the Applicable Period Has Expired

After the mandatory withdrawal period has expired, a participant’s voluntary decision to end participation, change their mind or not use the opportunities provided by the programme does not in itself create a contractual right to a full or partial refund of the fee paid.

This rule does not limit rights that cannot be excluded or restricted by law, including rights arising from AGOP’s failure to perform its obligations properly.

13. Model Withdrawal Statement

If the participant has a statutory right of withdrawal, they may use the following form or send another unambiguous statement.

14. Intellectual Property and the Artist’s Materials

Copyright in the works remains with the artist or other relevant rights holder.

By providing AGOP with images of works, their name, biography, artist statement and other materials for a particular project, the participant confirms that they hold the necessary rights for their use and permits AGOP to use these materials to the extent necessary to organise and promote that project.

Such use may include exhibition catalogues, AGOP websites, social media, press materials, Artsy and the archive of completed projects. The rules of a particular exhibition may provide for other terms.

15. Limitations on Guarantees

AGOP undertakes to organise the services included in the programme with reasonable professional diligence but does not guarantee artwork sales, a particular income, coverage in independent media, invitations from galleries or collectors, or other outcomes dependent on third parties or market conditions.

The operation of third-party venues and platforms, including Artsy, hosting, payment and logistics services, may depend on their own rules and technical decisions.

16. Personal Data

Participants’ personal data is processed by AGOP MTÜ to review applications, organise programmes, hold exhibitions, process payments, communicate and fulfil legal obligations.

Further information about the categories of data, purposes of processing, retention periods, recipients and data subjects’ rights is set out in AGOP’s Privacy Policy, published on the website.

17. Complaints and Dispute Resolution

If a participant has a complaint about a service provided, they must first contact AGOP at agop@globalpainters.net, describing the circumstances and the remedy they are seeking.

AGOP considers complaints in accordance with applicable law and seeks to resolve disputes directly with the participant.

If a consumer dispute cannot be resolved directly, the consumer may use the out-of-court or judicial remedies available to them, including applying to a competent consumer dispute resolution body where that body has jurisdiction.

The relationship between the parties is governed by the laws of the Republic of Estonia. This provision does not deprive a consumer of the mandatory protection afforded by applicable European Union law and rules of private international law.

18. Changes to the Terms

AGOP may update these Terms for future participation periods in response to changes in the programmes, legislation, venues or services used.

Material changes do not apply retrospectively in a way that reduces the core services already paid for by the participant, unless required by law or agreed with the participant.

The version of the Terms in effect on the date the agreement was concluded applies to the particular participant, subject to subsequent changes that are mandatory by law or separately agreed by the parties.

19. Contact Details

AGOP MTÜ

Registry code: 80657441

Estonia

Email: agop@globalpainters.net