DocuSign Envelope ID: C93B7948-5D66-486E-A3A2-337219BDC74E

Participation Agreement regarding Art

between

Viva con Agua ARTS gGmbH

Neuer Kamp 30

20357 Hamburg

(hereinafter referred to as VcAA)

and

Jocelyn Aracena carvajal

Avenida ecuador 300 casa 4

2380236 Valparaíso

(hereinafter referred to as the artist)

For reasons of readability, only the female form is used in the following. However, the information
refers to members of all genders.

Preliminary note

Viva con Agua ARTS gGmbH is the official organiser of the event Millerntor Gallery #10, to which the following
agreements (hereinafter referred to as this agreement) refer.

Period of the event (incl. preparation & follow-up): 30.05.2022 bis 31.07.2022

Venue: Millerntor-Stadion, Harald-Stender-Platz 1, 20359 Hamburg

Contact person VcAA: Sophie Mehner (s.mehner@vivaconagua.org)

§ 1 Services of VcAA

1. VcAA integrates the artist into the exhibition Kunst- und Musikfestival Millerntor Gallery #10 and communicates

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the participation in event-related media (e.g. exhibition catalogue, social media, website).

2. VcAA takes over the sale / auctioning of the provided artworks in the name and for the account of the artist
within the framework of the exhibition (§2 paragraph 1) under the conditions agreed under § 2 and, if required,
issues a donation receipt for the artist (as mentioned in 2 Paragraph 4).

§ 2 Services of the Artist

1. The artist shall make the following works available to VcAA for sale at the exhibition and via the online art shop
(hereinafter also referred to as the artistic works):

Titel: Luna negra

Artist: Anis
Year of origin: 2022
Quantity supplied: 1
Price per unit including 7 percent VAT: 180.00

Titel: Luna media

Artist: Anis
Year of origin: 2022
Quantity supplied: 1
Price per unit including 7 percent VAT: 180.00

Titel: Luna menguante

Artist: Anis
Year of origin: 2022
Quantity supplied: 1
Price per unit including 7 percent VAT: 180.00

Titel: Luna llena

Artist: Anis
Year of origin: 2022
Quantity supplied: 1
Price per unit including 7 percent VAT: 180.00

Titel: Luna creciente

Artist: Anis
Year of origin: 2022
Quantity supplied: 1
Price per unit including 7 percent VAT: 180.00

Titel: Luna media 2

Artist: Anis
Year of origin: 2022

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Quantity supplied: 1
Price per unit including 7 percent VAT: 180.00

2. The artistic works mentioned under § 2 paragraph 1 will be delivered by the artist to the venue Millerntor
Stadion (Entrance Budapester Straße) June 8th and June 15th, 2022.

3. The artist instructs VcAA to mediate the artistic works mentioned in § 2 paragraph 1 in their name and for their
account to the respective buyer. For mediating the sale of the artistic work, VcAA receives a commission of 10% of
the net purchase price, which is only calculated if the sale is successful. The artist agrees that VcAA will withhold
this fee directly when settling the artistic works sold.

4. If VcAA sells the artistic work in the context of the exhibition, the artist donates a rate of her own choosing of at
least 20 per cent of the net sales proceeds and agrees that VcAA will deduct this donation directly from the
invoice for the sold work.

For this purpose, the following different billing address is to be used (to be filled in only if the data differ from
those of the artist named on page 1):

Name: Anís 88

Street:

Place:

Country:

5. The purchase contract for the artistic work is concluded between the artist and the buyer under the
application of the general terms and conditions of sale and auction of Viva con Agua ARTS gGmbH.
VcAA collects the purchase price paid by the buyer in trust and forwards it to the artist on the following account
after deduction of the commission fee as well as the donation agreed in § 2 paragraph 4 no later than 6 weeks
after the sale and handover of the artistic work to the buyer.

Account Owner: Jocelyn Paola Aracena Carvajal

IBAN: 16720396-5

BIC: BECHCLRM

6. Due to the present brokerage transaction, the artist remains obligated to pay the entire
sales tax in Germany.

7. Should the work(s) not be sold during the exhibition, the artist will organise the collection of the work(s).
artist will organise the collection of the work(s) on her own responsibility by (at the latest 14 days after the the
end of the event).
Should the artistic work(s) not be sold during the exhibition, nor be collected by the
or returned by mail by the agreed date, the work(s) shall automatically become the full
property of VcAA as a donation. The works may thus be sold after the
in the name of VcAA after the event, without the artist having a claim to a share of the sales

8. The artist has taken note of the information on data protection and accepts this (see
Appendix on Data Protection).

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§ 3 Disclaimer

The organisation and performance of the above event is the sole responsibility of VcAA. Viva con Agua ARTS
gGmbH exempts the artist from any liability towards third parties for damages resulting from the activities of
VcAA.

For infringements of rights in connection with the use of the artistic works caused by VcAA,
VcAA shall only be liable if VcAA has breached a material contractual obligation (obligations whose fulfilment
make the proper performance of the contract possible in the first place and on the compliance with which the
contracting party regularly relies and may rely). In this case the liability of VcAA is limited to the foreseeable
damage typical for the contract. Apart from that the liability of VcAA is excluded, in particular for infringements
of rights committed by third parties in connection with the use of material about the artistic works of the artist of
the exhibition.

The artist guarantees VcAA to be the owner of all rights to the artistic work and that a sale or publication of the
artistic work in the context of the exhibition does not infringe any rights of third parties.

In the event of cancellation of the event, neither of the contracting parties shall have any claim to the services
mentioned in § 1 + § 2.

§ 4 Rights of use

Photos and videos of the work provided may be taken by VcAA, FC St. Pauli von 1910 e.V. and FC St. Pauli
Vermarktungs GmbH & Co. KG. The artist grants the organizer, FC St. Pauli von 1910 e.V. and FC St. Pauli
Vermarktungs GmbH & Co. KG the simple, temporally, and spatially unlimited and free right to digitally present
and to print photographic material of the artistic works in the exhibition catalogue for the realization of the event
and to use it in the exhibition.

The granting of the rights of use also includes the use of the image, sound, text and video material for the
website, the press, as well as for the advertising media and references from VcAA, FC St. Pauli von 1910 eV and FC
St. Pauli Marketing GmbH & Co. KG.

If VcAA acquires ownership of the artistic work in accordance with § 2 paragraph 7, all rights of use to the artistic
work are transferred to VcAA without the need for a further agreement.

§ 5 Duration of the Agreement

This agreement shall apply for the entire duration of the event and shall end after the final settlement and the
end of the event, without the explicit need for termination.

§ 6 Premature termination

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The contract may be terminated prematurely and without notice by either party for an important reason.
An important reason shall be deemed to exist in particular if one of the contracting parties, despite being
requested to do so, has repeatedly not provided the agreed services or if there is a threat of serious damage
due to conduct in breach of contract.

§ 7 Severability clause

If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the
validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by
common consent with such provisions which come as close as possible to the intended result of the invalid
provision. In the event of gaps such provision shall come into force by common consent which comes as close
as possible to the intended result of the agreement, should the matter have been considered in advance. Any
changes of or amendments to this Agreement must be in writing to become effective.

6/29/2022
6/15/2022
Hamburg, the_____________ _____________, the ______________

(Location) (Date)

Viva con Agua ARTS gGmbH Artist

____________________ ____________________

Signature / official stamp Signature / official stamp

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