Vivid Lark Gallery Artist Terms & Conditions

Effective Date: May 1st, 2026

These Artist Terms & Conditions govern participation in Vivid Lark Gallery’s online exhibitions, online gallery sales, submission opportunities, artist features, and live or in-person exhibitions.

By submitting artwork, artist information, applications, payments, images, or other materials to Vivid Lark Gallery, you agree to these Terms & Conditions.

For purposes of these Terms, “Artist” may refer to an artist, creative professional, service provider, exhibitor, or other participant whose artwork, creative services, products, or materials are submitted to or accepted by Vivid Lark Gallery.

1. Acceptance and Participation

An Artist’s participation with Vivid Lark Gallery begins when:

The Artist submits an application, artwork, service, product, or creative material for consideration;
Vivid Lark Gallery accepts or approves the submission, application, artwork, service, or material; and/or
The Artist pays any applicable submission, registration, participation, installation, membership, or related fee.

Vivid Lark Gallery reserves the right to accept, reject, remove, decline, or discontinue any artwork, submission, product, service, listing, or participation opportunity at its discretion, including for curatorial, technical, legal, quality, branding, formatting, or site-related reasons.

2. Artist Responsibilities

Artists are responsible for providing complete and accurate information, including but not limited to:

Artist name;
Biography or artist statement;
Artwork title;
Medium;
Dimensions;
Price;
Availability;
Shipping requirements;
Installation needs;
Special handling requirements;
Contact and payment information.

Artists must promptly notify Vivid Lark Gallery if submitted artwork becomes unavailable, is sold elsewhere, is withdrawn, or can no longer be exhibited or fulfilled.

Artists agree to respond to reasonable communications from Vivid Lark Gallery, customers, buyers, or exhibition organizers within three business days, unless another timeline has been agreed upon.

3. Originality, Rights, and Artist Representations

By submitting artwork or creative material to Vivid Lark Gallery, the Artist represents and warrants that:

The submitted work is original to the Artist;
The Artist owns or controls all rights necessary to submit, display, exhibit, publish, market, and sell the work;
The work does not infringe the copyright, trademark, publicity rights, privacy rights, moral rights, contractual rights, or other rights of any third party;
The Artist has full legal authority to enter into these Terms;
The information provided by the Artist is accurate and not misleading.

The Artist is solely responsible for any claim, dispute, liability, loss, or expense arising from copyright infringement, plagiarism, unauthorized use of imagery, misrepresentation, ownership disputes, or violation of another party’s rights.

4. Copyright and Promotional Use

Artists retain all copyright and intellectual property rights in their submitted artwork, images, biography, artist statement, and related materials.

By submitting artwork, images, text, or related materials to Vivid Lark Gallery, the Artist grants Vivid Lark Gallery and its affiliated publications, including VividArtMagazine, a non-exclusive, royalty-free, worldwide license to use those materials for gallery and editorial purposes, including but not limited to:

Website listings;
Online exhibition pages;
Artist profile pages;
Online gallery sales pages;
Social media promotion;
Email newsletters;
Blog posts;
Press releases;
Printed or digital promotional materials;
Exhibition catalogs;
Event promotion;
Educational or archival purposes;
Documentation of past exhibitions or gallery activity.
Digital and print magazine publication (including VividArtMagazine);
Artist features and editorial profiles;
Exhibition and event photography and video documentation;
Coverage of the Artist’s name, likeness, and professional identity in editorial and promotional contexts.

Vivid Lark Gallery does not claim ownership of the Artist’s artwork or intellectual property. VividArtMagazine, as an affiliated publication of Vivid Lark Gallery, may independently publish, feature, or archive submitted materials and exhibition/event documentation within the scope of this license.

Vivid Lark Gallery may crop, resize, format, edit, or otherwise adapt submitted images and text as needed for website display, marketing, editorial consistency, technical requirements, or promotional presentation.

5. Editing and Presentation Rights

Vivid Lark Gallery may edit artist-submitted text, including artwork descriptions, biographies, statements, service descriptions, and promotional copy, for:

Grammar;
Clarity;
Formatting;
Length;
Consistency;
Website presentation;
Marketing purposes;
Search visibility;
Editorial style.

These editing and presentation rights extend to editorial and magazine contexts, including VividArtMagazine, where submitted materials may be captioned, cropped, resized, laid out, or otherwise adapted for print or digital publication.

Vivid Lark Gallery may also add descriptive, promotional, editorial, or endorsement-style language to artist pages, artwork listings, exhibition pages, newsletters, social media posts, and other gallery materials.

6. Event Photography and Media Coverage

Vivid Lark Gallery and VividArtMagazine may photograph, film, or otherwise document exhibitions, events, openings, artist talks, installations, and related programs for editorial, promotional, archival, and publication purposes.

By attending or participating in a Vivid Lark Gallery exhibition or event, attendees and participants acknowledge that photography and video may be captured and used by Vivid Lark Gallery and VividArtMagazine for the purposes described in Section 4.

Artists whose work is featured in an exhibition or event acknowledge that images of their work in situ, installation views, and exhibition documentation may be used for the same purposes.

If an Artist has specific media restrictions — such as restrictions on use of their personal likeness or on print publication of their work — they should notify Vivid Lark Gallery in writing before their participation. Vivid Lark Gallery will make reasonable efforts to accommodate documented requests, but cannot guarantee that all media captured at public events can be withheld.

7. Online Exhibitions and Online Gallery Sales

For online exhibitions and gallery sales, Vivid Lark Gallery may present accepted Artist work on its website, online gallery, exhibition pages, blog, newsletter, social media channels, and related promotional platforms.

Vivid Lark Gallery may communicate with buyers, collectors, customers, and Artists regarding sales, inquiries, fulfillment, and general gallery matters.

Vivid Lark Gallery may accept customer payments and applicable shipping fees through the website or approved payment systems.

Unless otherwise stated in writing, Artists receive 70% of the retail sale price for artwork sold through the online gallery. Vivid Lark Gallery retains 30% as its commission.

Collected shipping fees may be forwarded or reimbursed to the Artist when applicable, depending on the fulfillment arrangement.

8. Online Sales Procedure

For online sales, the following process applies unless otherwise agreed in writing:

When a customer places an order, Vivid Lark Gallery receives the order notification.
Vivid Lark Gallery will forward relevant order information to the Artist within 24 hours, excluding weekends and holidays.
The Artist must acknowledge receipt of the order to both the customer and Vivid Lark Gallery within 48 hours, excluding weekends and holidays.
The Artist must confirm the expected shipping date.
Standard shipment should occur within seven days of order confirmation unless the artwork is custom-made, requires special handling, or another timeline has been approved.
If production, packaging, or shipment is delayed, the Artist must notify both the customer and Vivid Lark Gallery and provide a revised shipping date.
The Artist ships the artwork directly to the customer unless another fulfillment method has been agreed upon.
After shipment, the Artist must provide the customer and Vivid Lark Gallery with the shipping date, carrier name, and tracking number.

Vivid Lark Gallery may send Artist payments for completed online sales on a monthly basis, after customer payment has been processed and the sale is confirmed.

9. Shipping, Packaging, and Fulfillment

Unless otherwise stated in writing, the Artist is responsible for:

Properly packaging sold artwork;
Shipping artwork safely and professionally;
Paying shipping costs when applicable;
Providing tracking information;
Maintaining proof of shipment;
Ensuring artwork is shipped in good condition;
Handling shipment delays or carrier issues;
Communicating with the buyer and Vivid Lark Gallery regarding fulfillment.

The Artist accepts full responsibility and liability for shipping artwork in good condition unless Vivid Lark Gallery has expressly agreed in writing to handle fulfillment.

Vivid Lark Gallery is not responsible for loss, delay, mishandling, or damage occurring during transit, shipping, delivery, or return shipment, unless otherwise required by law or agreed in writing.

10. Live and In-Person Exhibitions

For live exhibitions, in-person shows, pop-ups, gallery events, and similar programs, accepted artwork may be exhibited, promoted, offered for sale, and documented by Vivid Lark Gallery.

The Artist may be required to provide an artwork list, inventory sheet, price list, exhibition form, acceptance confirmation, or other documentation. Such documentation may become part of the exhibition record.

Participation in a live exhibition is subject to these Terms and any additional exhibition-specific instructions, announcements, acceptance letters, or written agreements.

11. Consignment for Live Exhibitions

For live exhibitions, the Artist appoints Vivid Lark Gallery as the Artist’s agent for the limited purpose of exhibiting, promoting, and selling accepted artwork during the exhibition period and related sales process.

The Artist consigns accepted artwork to Vivid Lark Gallery for exhibition and sale according to the submitted artwork list, price list, inventory form, or other accepted exhibition documentation.

Title to consigned artwork remains with the Artist until the Artist is paid in full for a completed sale. Upon full payment, title passes directly to the buyer.

Consigned artwork remains the property of the Artist until sold and paid for in full and is not subject to claims by creditors of Vivid Lark Gallery.

12. Live Exhibition Commission and Payment

Unless otherwise stated in writing, for live exhibitions:

The Artist receives 60% of the sales price after applicable taxes are deducted;
Vivid Lark Gallery retains 40% as its gallery commission.

Vivid Lark Gallery is entitled to its commission for artwork sold during the exhibition and for artwork sold after the exhibition to a buyer who attended the exhibition or was introduced to the artwork through the exhibition.

Vivid Lark Gallery will make reasonable efforts to pay Artists for sold artwork within 10 days after the completed sale.

If additional time is required, Vivid Lark Gallery will contact the Artist and make payment arrangements. In any event, payment for live exhibition sales will not be delayed more than 30 days after the completed sale.

California law may provide certain protections to Artists whose artwork is consigned to an art dealer. Proceeds from the sale of consigned artwork may constitute funds held in trust for the benefit of the Artist and must first be applied to amounts owed to the Artist.

13. Discounts

For live exhibitions, unless otherwise agreed in writing, Vivid Lark Gallery may offer a discount of up to 10% from the listed retail price of artwork.

Vivid Lark Gallery will not reduce the listed retail price by more than 10% without the Artist’s prior consent.

For online sales, any discounts, coupons, promotional offers, or pricing adjustments may be governed by the specific exhibition, sale, or listing terms provided at the time of participation.

14. Delivery, Installation, Pickup, and Return

Artists are responsible for delivering artwork to the location specified by Vivid Lark Gallery, including any location listed in an exhibition announcement, website listing, acceptance letter, artist information letter, or written instruction.

If artwork is shipped, the Artist is responsible for all shipping-related costs unless otherwise stated in writing, including:

Packing;
Crating;
Insurance;
Delivery;
Return shipping;
Prepaid return labels when applicable.

Local Artists are responsible for picking up artwork after the closing reception or on the designated pickup date.

Artists who are not local are responsible for arranging return shipping or pickup with their shipping provider.

Artwork not picked up within the required timeframe may be subject to storage, handling, administrative, or other reasonable fees unless other arrangements have been approved in writing.

No artwork may be removed from a live exhibition during the official exhibition period without prior approval from Vivid Lark Gallery and, when applicable, the Artist.

15. Risk of Loss or Damage

Vivid Lark Gallery will make reasonable efforts to handle and display artwork with care.

However, unless otherwise stated in writing or required by law, the Artist assumes the risk of loss, theft, or damage from all causes, including but not limited to:

Fire;
Flood;
Earthquake;
Natural disaster;
Theft;
Accidents;
Negligence;
Transportation damage;
Shipping damage;
Handling risks;
Installation risks;
Damage caused by visitors;
Damage caused by third parties;
Circumstances beyond Vivid Lark Gallery’s control.

Artists are strongly encouraged to maintain their own insurance covering artwork during shipping, delivery, installation, exhibition, deinstallation, pickup, return transit, and storage.

16. Gallery Accounting

For live exhibition sales, Vivid Lark Gallery may provide the Artist with a written accounting that may include:

Artist name;
Artwork title;
Description or inventory reference;
Sale price;
Applicable taxes or deductions;
Gallery commission;
Amount due to Artist;
Date of sale;
Payment status.

For online sales, order records, payment records, or other written summaries may serve as accounting documentation.

17. Fees and Payments

Certain opportunities may require submission fees, participation fees, registration fees, installation fees, membership fees, advertising fees, or other charges.

Unless otherwise stated in writing, fees paid to Vivid Lark Gallery are administrative, curatorial, promotional, technical, or participation-related fees and do not guarantee acceptance, sale, placement, award, publicity, or any specific commercial result.

Fees may be non-refundable unless otherwise stated in the applicable opportunity listing or required by law.

18. No Guarantee of Sales or Exposure

Vivid Lark Gallery may promote Artists and exhibitions through its website, social media, newsletters, online listings, live events, printed materials, and other channels.

However, Vivid Lark Gallery does not guarantee:

Artwork sales;
Buyer interest;
Collector inquiries;
Press coverage;
Social media engagement;
Awards;
Placement;
Appraisal recognition;
Career advancement;
Exhibition attendance;
Any specific financial or professional outcome.

Because apparently the universe refuses to hand out guaranteed art sales on demand. Rude, but here we are.

19. Customer Issues, Returns, and Disputes

Vivid Lark Gallery may assist in communicating with customers and Artists regarding sales, shipping, fulfillment, returns, complaints, or disputes.

Artists agree to cooperate in good faith to resolve customer concerns, delivery issues, damaged shipment claims, inaccurate listing issues, or other reasonable matters connected to the sale or exhibition of their work.

Any return, refund, exchange, or cancellation policy may be determined by the specific sale terms, applicable law, payment processor rules, or written agreement between the parties.

20. Website Accounts and Artist Profiles

Artists may be provided access to website accounts, artist dashboards, profile pages, artwork management tools, or submission systems.

Artists are responsible for maintaining the confidentiality of their login credentials and for ensuring that all information submitted through their account is accurate, lawful, and current.

Vivid Lark Gallery may suspend, restrict, modify, or remove account access if it believes an account is being misused, contains inaccurate information, violates these Terms, or creates technical, legal, security, or operational concerns.

21. Removal of Content

Vivid Lark Gallery may remove, hide, edit, decline, or disable any artist profile, artwork listing, submission, image, biography, statement, comment, product, service, or other content at its discretion, including if the content:

Is inaccurate;
Is incomplete;
Violates third-party rights;
Is inappropriate for the gallery;
Creates legal or reputational concerns;
Does not meet technical standards;
Conflicts with curatorial direction;
Violates these Terms;
Is no longer current or available.

22. Limitation of Liability

To the fullest extent permitted by law, Vivid Lark Gallery shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to an Artist’s participation, submission, exhibition, sale, shipping, website listing, account use, or relationship with Vivid Lark Gallery.

This limitation does not override obligations that cannot legally be waived, including any applicable artist consignment protections under California law.

23. Indemnification

The Artist agrees to defend, indemnify, and hold harmless Vivid Lark Gallery, its owners, operators, employees, contractors, representatives, partners, affiliates, agents, and assigns from and against any claims, damages, liabilities, losses, costs, or expenses arising out of or related to:

The Artist’s submitted artwork or materials;
Inaccurate or misleading information provided by the Artist;
Copyright infringement;
Trademark infringement;
Violation of publicity, privacy, or moral rights;
Ownership disputes;
Shipping or fulfillment issues caused by the Artist;
Breach of these Terms;
Violation of applicable law.

24. Modification of Terms

Vivid Lark Gallery may update or modify these Terms & Conditions from time to time.

Updated Terms may be posted on the website with a revised effective date. Continued use of the website, submission of artwork, participation in exhibitions, or acceptance of gallery services after updated Terms are posted constitutes acceptance of the revised Terms. When these Terms are materially updated, Artists who submit or participate after the updated effective date will have their consent recorded against the new version.

For specific live exhibitions, written addenda, email confirmations, acceptance letters, or signed documents may supplement or modify these Terms.

25. Entire Agreement

These Terms, together with any applicable exhibition listing, acceptance notice, invoice, submission form, artwork inventory, written addendum, email confirmation, or signed agreement, constitute the full understanding between the Artist and Vivid Lark Gallery regarding the subject matter covered.

No oral statement, promise, representation, or informal discussion shall modify these Terms unless confirmed in writing by the party against whom enforcement is sought.

26. Attorneys’ Fees

If legal action is commenced between the Artist and Vivid Lark Gallery concerning these Terms, the prevailing party may be entitled to recover reasonable attorneys’ fees and costs, in addition to any other relief granted, as determined by the court.

27. Consent Records and Versioning

When an Artist submits artwork, creates an account, updates their artist profile, or submits an application through the Vivid Lark Gallery platform, their consent to these Terms — including the specific version of the Terms and the specific version of the consent text presented — is recorded in Vivid Lark Gallery’s systems along with the date, time, and associated submission.

Artists may contact Vivid Lark Gallery to request information about their consent record or to update their media usage preferences, subject to Section [4] and any applicable obligations already incurred.

27. Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the State of California.

28. Contact

Questions regarding these Terms & Conditions may be directed to:

Vivid Lark Gallery
Website: www.VividLarkGallery.com
Email: VividLarkGallery@gmail.com

Strong recommendation before publishing

Add these as separate checkbox acknowledgments during submission/payment:

I confirm that I have read and agree to the Vivid Lark Gallery Artist Terms & Conditions.

I confirm that all submitted artwork is my original work and that I have the legal right to submit, exhibit, publish, and sell it.

I understand that submission or participation fees do not guarantee acceptance, sales, awards, exposure, or any specific outcome.

That last one matters. People get very creative when disappointment and PayPal receipts meet.