Part of the Crestox Legal Framework. By creating an account or participating in any capacity — as a Collector, Artist, Curator, or Owner — you agree to be bound by this document together with the other documents that make up the Crestox legal framework (Terms of Use, Risk Disclosure, Privacy Policy, Artist Agreement, and Secondary Marketplace Terms).
Effective Date: [Date]
Last Updated: [Date]
4.1 Introduction
This Artist Agreement ("Agreement") governs the relationship between Crestox and any Artist, Curator, or Owner (collectively referred to in this Agreement as "You" or "Submitting Party") who submits Artworks to the Platform for listing and fractionalisation.
By submitting an Artwork to the Platform, you agree to be bound by this Agreement in its entirety. This Agreement is to be read alongside the Crestox Terms of Use, which are incorporated by reference. Capitalised terms not defined in this Agreement carry the meanings set out in the Terms of Use.
4.2 Relationship with Crestox
Your relationship with Crestox is that of an independent party. Nothing in this Agreement creates an employment relationship, agency, partnership, or joint venture between you and Crestox. You have no authority to make representations or enter into commitments on Crestox's behalf.
Crestox provides a marketplace platform and associated services. It does not act as your agent, manager, or financial adviser. Crestox does not guarantee any outcome from the listing of your Artwork, including the number of Fractals sold, the price achieved, or the long-term value of associated Fractals.
4.3 Your Representations and Warranties
By submitting an Artwork for listing, you represent and warrant to Crestox that, as of the date of submission and throughout the period your Artwork remains listed on the Platform:
- Ownership and Rights. You are the original creator of the Artwork, or you are an Owner or authorised Curator with full legal authority to list the Artwork on the Platform and grant the rights set out in this Agreement.
- No Encumbrances. The Artwork is free from any liens, charges, competing claims, or other encumbrances that would prevent or interfere with its listing or the sale of Fractals.
- Accuracy of Information. All information you provide in connection with the Artwork — including provenance, exhibition history, sale records, achievements, and biographical information — is accurate, complete, and not misleading.
- No Infringement. The Artwork does not infringe the intellectual property, moral rights, or other rights of any third party.
- No Prior Conflicting Agreements. You have not entered into any agreement that would conflict with or restrict your ability to list the Artwork on Crestox or fulfil your obligations under this Agreement.
- Compliance with Law. Your submission and participation comply with all applicable laws, including laws relating to the sale of Artworks, financial promotions, and consumer protection.
You acknowledge that Crestox relies on these representations in approving your Artwork for listing and that any material breach may result in immediate removal of your Listing and suspension of your Account.
4.4 Submission Requirements
All Artwork submissions must include the following, to Crestox's satisfaction:
Visual Documentation
- High-resolution images of the Artwork meeting Crestox's current technical specifications
- Where applicable, images of the reverse of the Artwork, signatures, stamps, or distinguishing marks
Metadata
- Title, medium, dimensions, and year of creation
- Artist name and biographical information
- Artwork description and statement
- Condition report or equivalent documentation
Provenance and Supporting Documentation
- Evidence of ownership or authorisation to list
- Available provenance history
- Certificates of authenticity, appraisal documents, or third-party verification where available and applicable
Crestox reserves the right to update submission requirements from time to time. Submissions that do not meet current requirements may be returned for revision or rejected.
4.5 Review and Approval Process
Following submission, Crestox will conduct a review of your Artwork. This process includes:
- Verification of the information submitted
- Assessment of Artwork authenticity and provenance
- Evaluation of Artwork quality and suitability for the Platform
- Assignment of an internal Artwork grade
Crestox reserves the right to:
- Approve or reject any Artwork submission at its sole discretion, without being required to provide reasons.
- Request additional documentation or information to support its review.
- Require amendments to Artwork descriptions, images, or supporting materials before approval.
Submission does not guarantee listing. Crestox's decision in respect of any submission is final.
4.6 Artwork Grading
Crestox assigns an internal grade to each approved Artwork as part of its curation and quality assurance process.
You should be aware of the following:
- Grades are internal Platform classifications used to inform how Artworks are presented, featured, and prioritised within the Platform.
- Grades are not independent valuations, investment ratings, or endorsements of financial value.
- Grades may affect the visibility, placement, and presentation of your Artwork within the Platform, including eligibility for featured or promoted positions.
- Grades may be reassigned by Crestox at any time in response to new information, changes in market conditions, or changes to Crestox's internal grading framework.
4.7 Pricing
Artist-Proposed Value. You are invited to propose an indicative value for your Artwork as part of the submission process. This proposed value informs the initial price per Fractal.
Crestox Review. Crestox may conduct its own assessment of the proposed value and may recommend a revised value based on comparable sales data, market conditions, and the outcome of the review process.
Mutual Agreement Required. No Artwork will be listed on the Platform at a price that has not been agreed in writing between you and Crestox. You retain the right to decline Crestox's recommended value, in which case Crestox may decline to list the Artwork.
Post-Listing Pricing. Once an Artwork is listed, the Fractal price may be subject to secondary market dynamics as described in the Secondary Marketplace Terms. Crestox does not guarantee that the initial listing price will be maintained or exceeded on the Secondary Marketplace.
4.8 Revenue and Payments
Primary Sales. Upon the sale of Fractals in the primary Marketplace, Crestox will remit to you your applicable share of the net proceeds, after deduction of the Crestox platform fee as set out in the applicable fee schedule.
Payment Timing. Payments will be processed in accordance with the payment schedule published on the Platform from time to time. Crestox will notify you when payments are dispatched.
Taxes. You are solely responsible for determining and meeting all tax obligations arising from your receipt of proceeds under this Agreement, including income tax, capital gains tax, VAT, or equivalent taxes in your jurisdiction. Crestox will not withhold or remit taxes on your behalf except where expressly required to do so by applicable law.
Disputed Payments. Any disputes regarding payments must be raised with Crestox within [X] days of the relevant payment date. Crestox will investigate and respond within a reasonable timeframe.
4.9 Secondary Market Royalties
Where Crestox's system settings enable royalty payments on Secondary Marketplace transactions, you may be eligible to receive a royalty on resales of Fractals associated with your Artwork.
You should be aware of the following:
- The availability and rate of royalty payments are governed by Crestox's platform settings and are subject to change.
- Not all Artworks or Fractal resales will attract royalty payments.
- Where royalties apply, they will be calculated as a percentage of the gross sale price on the Secondary Marketplace and remitted to you in accordance with the payment process described in Section 4.8.
- Crestox's decisions regarding royalty eligibility, calculation, and payment are final.
4.10 Intellectual Property Licence
You grant Crestox a non-exclusive, worldwide, royalty-free licence, for the duration of your Artwork's listing on the Platform and for a reasonable period thereafter for archival and record-keeping purposes, to:
- Display, reproduce, and transmit images of your Artwork on the Platform.
- Use your name, Artist profile, biographical information, and Artwork descriptions in connection with the listing and promotion of your Artwork.
- Feature your Artwork, Artist profile, and related content in Crestox's marketing communications, social media, and press materials.
This licence does not transfer ownership of any intellectual property rights in your Artwork. You retain all copyright and moral rights in your Artwork throughout your participation on the Platform and thereafter.
4.11 Removal and Suspension of Listings
Crestox may remove your Artwork Listing from the Platform, or suspend your ability to submit new Artworks, in the following circumstances:
- You have breached any representation, warranty, or obligation set out in this Agreement.
- Crestox has received a credible legal challenge or claim regarding the ownership, provenance, or authenticity of the Artwork.
- Crestox determines, acting reasonably, that continued listing poses a risk to marketplace integrity, other Users, or Crestox's legal obligations.
- You have submitted a request for removal and no outstanding Fractal obligations prevent it.
Where Fractals associated with a removed Artwork are held by Collectors, Crestox will manage the situation in accordance with its obligations to those Collectors and will communicate with you accordingly.
4.12 Termination
Either party may terminate this Agreement by providing written notice to the other.
Upon termination:
- Your ability to submit new Artworks to the Platform will cease.
- Existing Listings will be subject to an orderly wind-down process managed by Crestox, including appropriate communication to Collectors holding Fractals associated with your Artworks.
- Your obligations in respect of representations made prior to termination, and Crestox's rights in respect of any breaches prior to termination, survive the termination of this Agreement.
4.13 Contact
For questions regarding this Agreement, please contact: artists@crestox.com
Related Documents
This document is part of the Crestox Legal Framework. For the complete framework, also see: