ARTRIGHT is a project established to promote professional practice and business acumen in the South African visual arts community.
 
 

Legal Speak


We understand that too much legal speak can be intimidating and will ward of potential business. That is why we have developed a set of simple generic contracts for you to use. 

Although the contracts are basic, there are certain legal terms and relationships that you will have to know.


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How to use ARTRIGHT Legal Documents

Lets first go through one of our basic contracts so that you become familiar with what it looks like and what the content is.

If you are not comfortable with using contracts, you should get professional advice, especially when you are dealing with works of art that have a high value.

Icon How to use ARTRIGHTs Legal Documents 2010 v1 (596.1 KB)


Arbitration

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Assignment

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Choice of Law

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Dispute Resolution Clause

The Dispute Resolution Clause outlines how a dispute is settled when the parties are in disagreement about anything in the contract between them. The clause permits the party starting a claim to choose between either (i) the Small Claims Court (when the claim is less than R7 000) or, otherwise, (ii) a negotiation, mediation or arbitration process.

For a list of Art Mediators and Arbitrators, go to Useful Contacts.

The Dispute Resolution Clause is incorporated into all the contracts on ARTRIGHT.

Icon Dispute Resolution Clause 2010 v1 (344.4 KB)

The Explanation

If a dispute arises as a result of a breach in any of the terms of the contract, the parties agree to resolve the issue by negotiating with each other. If negotiation fails, the parties will try mediation. If mediation fails, the dispute will be decided by arbitration. Court proceedings are often time consuming, slow moving and expensive. It is better to try and resolve issues by using negotiation, mediation and arbitration before going to court.

Negotiation
One of the parties invites the other party to resolve the issue. The conflict can be resolved through e-mail correspondence or, preferably, during a meeting. If the dispute is not resolved within 14 days of the written invitation, the parties must try mediation.

Mediation
The mediation will be conducted on terms that are agreed between the parties and the Arbitration Foundation of Southern Africa (AFSA). The mediator's decision is final and binding unless one of the parties disputes the decision in writing to the other party within 14 days. In this case the dispute will be referred to arbitration.

Mediation is a voluntary private process that allows a mediator (who is impartial) to listen to both sides of the story and to try to negotiate a mutually satisfactory settlement agreement. Although mediation takes place within the framework of the law, it is more informal and flexible than arbitration.

Arbitration
The arbitration will finally decide the outcome of the dispute. An arbitrator(s) is(are) appointed and the arbitration is run in accordance with the AFSA rules. In certain limited circumstances either party may still be allowed to go to court to ask for urgent interim relief if they feel that they are at a disadvantage or have been treated unfairly.

Arbitration is a more formal private approach to dispute resolution. An arbitrator is a neutral person who decides an outcome of the dispute based on information given to him/her through representations and evidence submitted by the parties or their lawyers.

Further information is available from the Arbitration Foundation of Southern Africa (AFSA).

Arbitration Foundation of Southern Africa
web: www.arbitration.co.za
email: info@arbitration.co.za
tel: +27 (11) 320-0600


Entire Agreement

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License

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Modification

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Ownership

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Termination

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Warranty

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Waiver

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