FoLA Artist Application, Artwork Listing and Cooperation Terms & Conditions

Effective Date: July 2026
FoLA: Foundation of Leading Artists Limited

These Terms apply when you submit an artist application, artwork details, images, portfolio link or related materials to FoLA through the FoLA website.

By ticking the acceptance checkbox and submitting your application, you confirm that you have read, understood and agreed to these Terms and FoLA’s Privacy Policy.

1. Application and Submitted Materials

You may submit your artist profile, artwork information, images, portfolio link and other related materials to FoLA for review.

You confirm that all information and materials submitted by you are true, accurate, complete and not misleading. You are responsible for keeping FoLA updated if any information changes.

FoLA may rely on the information and materials you submit when reviewing your application, creating an artist profile, listing artworks, communicating with potential buyers and coordinating any sale-related process.

2. Eligibility and Authority

You confirm that you are at least 18 years old and have full legal capacity to accept these Terms.

If you submit an application on behalf of another artist, studio, organisation or artwork owner, you confirm that you have full authority to do so and to accept these Terms on their behalf.

FoLA may request further information, proof of identity, proof of authority, artwork information or other documents at any time.

3. Review and Approval

FoLA has full discretion to approve or reject any artist application or artwork.

Submitting an application does not guarantee approval, artwork listing, buyer enquiries, bids, sales, exhibitions, collaborations or any other opportunities.

If FoLA considers you or your artworks suitable, FoLA may approve you as a FoLA approved artist and/or approve one or more artworks for listing.

FoLA may withdraw, suspend, update or remove any approval, artist profile or artwork listing at any time.

4. Website Listing and Buyer Follow-up

If FoLA approves your application or artwork, you authorise FoLA to create, publish, display and maintain your artist profile and/or artwork listing on FoLA’s website and related FoLA channels.

This authorisation includes FoLA’s right to use your name, artist profile, biography, portfolio link, artwork title, artwork description, images, dimensions, medium, year, availability information, pricing indication and other submitted materials.

FoLA may edit, crop, resize, format, summarise or adapt submitted materials where reasonably necessary for website display, promotion, buyer communication or platform requirements.

You authorise FoLA to communicate with and follow up with potential buyers, collectors, bidders or interested parties in relation to any approved or listed artwork.

5. Artwork Availability and Condition

You acknowledge that no representation, warranty, or promise has been made by FoLA regarding the success, sale price, or timing of any artwork listing, other than those expressly set forth in these Terms.

If FoLA approves or lists an artwork, you confirm that the artwork is available for sale unless you clearly inform FoLA otherwise in writing.

While an artwork is approved or listed, you must keep it in good condition, properly protected and reasonably available for sale, inspection, packaging, collection, delivery or shipping.

You must notify FoLA immediately if any approved or listed artwork is sold elsewhere, reserved, damaged, lost, stolen, unavailable, subject to a third-party claim or no longer matches the information previously provided to FoLA.

Once a buyer bid, offer, reservation, sale process or transaction has started, you must not sell, transfer, loan, dispose of, materially alter or otherwise make the artwork unavailable without FoLA’s prior written consent.

6. Packaging, Courier and Delivery

If an approved or listed artwork is sold, or if a buyer transaction proceeds, you are responsible for preparing suitable, protective and professional packaging and insurance for the artwork.

Unless otherwise agreed in writing, you are responsible for all packaging materials and packaging-related costs.

You are responsible for proposing or selecting a suitable courier, logistics provider or delivery method within the timeframe reasonably specified by FoLA.

FoLA may reject your proposed courier, logistics provider or delivery method if FoLA reasonably considers it unsuitable, unreliable, unsafe, unavailable, excessively delayed, insufficiently insured or otherwise inappropriate.

If you do not propose or select a suitable courier, logistics provider or delivery method within the timeframe reasonably specified by FoLA, you will be deemed to have agreed to FoLA’s choice.

You must follow FoLA’s reasonable instructions relating to packaging, courier coordination, collection, delivery, shipping documents, insurance documents, customs information and handover procedures.

7. Failure to Provide or Ship Artwork

If, after a buyer bid, offer, reservation, sale process or transaction has started, you cannot provide, release, package, deliver or ship the artwork as required, or if the artwork is unavailable or does not match the information provided to FoLA, FoLA may:

(a) cancel, suspend or withdraw the artwork listing;
(b) reject, cancel or reverse the relevant bid, offer, reservation, sale process or transaction;
(c) inform the buyer or interested party that the artwork is unavailable or cannot proceed;
(d) suspend or terminate your FoLA approved artist status or artwork approval;
(e) remove your artist profile and/or artwork listings from FoLA’s website; and/or
(f) recover from you any reasonable direct costs, expenses, losses or liabilities caused by your failure, to the extent permitted by law.

8. Artist Warranties

You confirm and warrant that:

(a) you own, or have full authority to submit, the artworks and materials provided to FoLA;
(b) FoLA may use, list, display and communicate those materials in accordance with these Terms;
(c) the materials do not infringe any third-party rights, including copyright, moral rights, privacy rights or confidentiality rights;
(d) all artwork information, including authorship, title, edition, condition, availability, dimensions, medium, year, provenance and pricing indication, is accurate and not misleading; and
(e) the materials are not unlawful, offensive, defamatory, misleading or harmful.

9. Intellectual Property

You retain ownership of your intellectual property rights in your artworks and submitted materials.

By submitting materials to FoLA, you grant FoLA a non-exclusive, worldwide, royalty-free licence to use, copy, store, reproduce, display, edit, crop, resize, publish and communicate those materials for application review, artist profile creation, artwork listing, promotion, buyer communication, transaction coordination, record keeping and FoLA’s related business purposes.

Warranty of Originality: The Artist warrants that they are the sole author and owner of the Artwork and all submitted materials, or have obtained all necessary third-party permissions. The Artist warrants that the Artwork and materials do not infringe upon the intellectual property, privacy, or moral rights of any third party.

Indemnity for Infringement: The Artist agrees to indemnify and hold FoLA harmless against any and all claims, damages, liabilities, and expenses (including reasonable legal fees) arising from any third-party allegation that the Artwork or submitted materials infringe upon their intellectual property rights.

FoLA will not sell physical artworks or commercial reproductions of your artworks unless a buyer transaction proceeds in accordance with these Terms or FoLA has otherwise obtained your written agreement.

10. Agency and Role of FoLA

The Artist acknowledges and agrees that FoLA acts solely as an agent for the Artist in facilitating the listing and promotion of the Artwork.
FoLA does not purchase or take title to the Artwork, and no partnership, joint venture, or employer-employee relationship is created between FoLA and the Artist by these Terms.
FoLA is not responsible for any acts or omissions of potential buyers, including, without limitation, any failure by a buyer to complete a transaction or pay for an Artwork.
FoLA reserves the right to set off any amounts owed by the Artist to FoLA (including reimbursement for costs incurred due to the Artist's failure to ship) against any funds held or received by FoLA on behalf of the Artist.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

Exclusion of Indirect Damages: FoLA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of reputation, or loss of business opportunities arising out of these Terms or the listing of the Artwork.
Liability Cap: In no event shall FoLA’s total, aggregate liability to the Artist, whether in contract, tort (including negligence), or otherwise, exceed the total amount of commission or service fees actually received by FoLA from the Artist.
Platform "As Is": FoLA provides its website and listing services on an "as is" and "as available" basis. FoLA makes no warranty that the platform will be error-free or uninterrupted, and FoLA shall not be liable for any losses resulting from technical failures, website downtime, or communication errors beyond FoLA's reasonable control.
Indemnity: The Artist agrees to indemnify and hold harmless FoLA from and against any claims, losses, damages, or expenses (including reasonable legal fees) arising from:

Any breach of these Terms by the Artist.
Any third-party claim that the Artwork or submitted materials infringe upon the intellectual property or other rights of any third party.
The Artist’s failure to provide, package, or ship the Artwork as required.