Terms and Conditions – Catalogue Raisonné Submissions

The Catalogue Raisonné Project

In order to research the artistic output and preserve the artistic legacy of Gabriel Caruana, the Gabriel Caruana Foundation (hereinafter the Foundation) is initiating the process of compiling a Catalogue Raisonné to document Caruana’s output. The Foundation aims to prepare and possibly publish a catalogue raisonné (hereinafter Catalogue) of the works of Gabriel Caruana.  The Foundation may from time to time collaborate with individuals including but not limited to members of the Foundation’s Review Committee, writers, researchers, advisors, consultants, and all individuals and entities providing any funding for the Foundation (hereinafter Collaborators) for the purposes of compiling the Catalogue, or for any other purposes to further the goals of the Foundation.

Hereinafter the term ‘Works’ shall refer to artwork (example – ceramics, mixed media, works on paper, paintings, lino prints, glass sculpture, etc…), designs (example posters, clothes, carnival designs, house names, furniture, etc…), photographs (of the artist, his exhibitions, studios, The Mill, evening classes, travels, etc…), correspondence (letters, postcards, etc…). The term ‘Information’ shall refer to the information being submitted relating to Gabriel Caruana and his Works.

The Foundation is pleased to review the Information submitted about Gabriel Caruana that you own for potential inclusion in the Catalogue, subject to the conditions herein. If you are a current or previous owner of Information on Gabriel Caruana and would like to contribute to this project kindly register to submit this Information for potential inclusion in the Catalogue, subject to the following conditions.  Please read the conditions for submission attentively before registering and submitting any Information.

Terms and Conditions:

Your submission of Information to the project for possible inclusion in the Catalogue is subject to the following terms and conditions:

  1. You acknowledge and agree that submission of the Information does not guarantee its inclusion in the Catalogue.
  2. You agree to provide to the Foundation the Information and items required by this submission form to the best of your ability.
  3. You represent and warrant to the Foundation, to the best of your knowledge, that you are the actual owner of the Works, that you have sole title to the Works and right to its possession, and that all Information you provide to the Project is accurate to the best of your knowledge.
  4. You represent and warrant to the Foundation that you are free to disclose Information about the Works and have the full capacity to do so without requiring permission from third parties.
  5. The Foundation has sole discretion to consider the Information for inclusion in the Catalogue. The Foundation will inform you whether or not the Work and Information will be included in the Catalogue after such research and consideration as it shall deem necessary. There is not a set timeframe for this decision-making process.
  6. You understand and agree that neither the Foundation nor any of its Collaborators, warrants or guarantees the correctness of the Foundation’s decision. You, therefore, release and discharge the Foundation from and against any and all claims, liabilities, losses and damages, and all related costs and expenses, including reasonable legal fees, arising out of or based on the submission of the Information, or resulting from any decision rendered by the Foundation concerning the Works and Information.
  7. You agree to defend, indemnify, and hold harmless the Foundation from and against any and all claims, liabilities, losses and damages, and all related costs and expenses, including reasonable legal fees, arising out of, based on, or resulting from any claims asserted by you or by any third party relating to the submission of the Information, or any decision rendered by the Foundation concerning the Information.
  8. You authorize the Foundation to make and retain photographs or other copies of the Information and to publish such images of the Works in connection with the activities of the Foundation. The Foundation acknowledges that it will accommodate the terms of rights and reproduction agreements administered by public institutions. If you own the copyright in the Information, then you grant the Foundation an irrevocable non-exclusive, royalty-free license to publish photographs of the Information in connection with the activities of the Foundation.
  9. The Foundation’s opinions regarding inclusion in the Catalogue are subject to change. Although not obligated to do so, the Foundation may notify you that its decision has changed. If you receive a letter with an updated decision about the inclusion of the Work you submitted, you agree to return the previous letter to the Foundation. You agree that you will not misrepresent to anyone the Foundation’s decision and that you will use reasonable efforts to advise any purchaser or any subsequent owner of the Work of any changes in the Foundation’s decision.
  10. You agree that any decision of the Foundation to include the Work in the Catalogue may not be interpreted as a warranty and/or guarantee and/or certificate as to either the authenticity or the provenance of the Work, and may not be relied upon as such by you or by a future owner or purchaser of the Work. You also agree that no legal or equitable action may be taken in connection with any letter or decision of the Foundation.
  11. The Foundation agrees not to include your name in the Catalogue without your prior permission, or to disclose your name to any third party except as required by law. Any confidential information provided by you will be held in confidence, and the Foundation will take reasonable precautions to prevent its unauthorized disclosure, access, or use.
  12. The terms and conditions herein shall be binding upon you, the Foundation, and the heirs, successors, and assigns of you and of the Foundation, each of whom agrees that any and all disputes arising under or related to this submission form or the submission of the Information shall be governed by and construed in accordance with the laws of the Malta
  13. These terms and conditions constitute the entire agreement between you and the Foundation as to the Information. No waiver or amendment of this submission form is valid unless it is in writing and signed by you and the Foundation.
  14. By registering you acknowledge that you have read and agree to comply with the requirements and terms of your submission of Information and further agree that this submission form governs the submission to the Foundation of this and any other information that you own.