Marketplace Agreement
Artist & Marketplace Agreement
Effective Date: July 3, 2026Operating Entity: Saint Petersburg | Art Collective, LLCPlatform:https://www.saintpetersburg.org/This Artist & Marketplace Agreement (the "Agreement") is entered into between Saint Petersburg | Art Collective, LLC (hereafter referred to as "the Platform," "we," "us," or "our") and the independent creator, studio, or gallery executing this document or digitally accepting these terms (hereafter referred to as the "Member," "Artist," or "you").By submitting artwork for display in the Platform Directory, Showcase, or listing works for sale in the Shop Collective, you agree to comply with and be legally bound by this Agreement.
1. Curation, Autonomy, and Listing Standards
A. The Showcase & Portfolio Rights
The Artist maintains complete creative autonomy over the selection of works displayed within their personal Showcase profile. The Artist guarantees that they hold 100% of the copyrights and intellectual property rights to any text, imagery, and physical designs uploaded to the Platform.
B. Geographic Real Estate Mandate
In alignment with our corporate mission as a Florida Social Purpose Corporation, membership is strictly reserved for the regional creative class. The Artist certifies that they maintain a physical working studio, permanent residence, or commercial gallery presence within the greater Saint Petersburg / Pinellas County, Florida area.
C. Editorial Integrity
We reserve the right to remove any image, listing, or profile text that violates our Community & Curation Standards, including but not limited to low-resolution documentation, fraudulent representations, or works that infringe upon third-party intellectual property.
Intellectual Property Boundaries and Cross-Licensing Agreement
1. Retention of Creator Ownership: Independent artists, studios, and galleries ("Creators") who submit, upload, or provide portfolios, text, photographs, biographical data, or images of physical artwork to SaintPetersburg.org and the Saint Petersburg Art Collective (collectively, "the Platform") retain 100% of their underlying copyrights, intellectual property rights, and title to their creative works. Registration or display on the Platform does not transfer ownership of any physical or digital artwork to the Platform.
2. Grant of Promotional License: By submitting content, applying to the digital registries, or listing items for sale on the Platform, the Creator hereby grants the Platform a non-exclusive, worldwide, royalty-free, perpetual, and sublicensizable license to display, host, cache, reproduce, format, distribute, and utilize the submitted media, text, and images. This license is granted strictly for the purposes of operating, cataloging, indexing, publicizing, and marketing the Platform, its digital exhibitions, and the local creative ecosystem across digital media, social networks, and promotional archives.
3. Warranties of Originality: The Creator represents and warrants that they are the sole owner of all intellectual property rights in the submitted content, or possess the express written authorization from the copyright holder to grant this license. The Creator agrees to hold harmless and indemnify the Platform from any third-party copyright, trademark, or right-of-publicity claims arising from media submitted under their profile.
2. Financial Architecture & Commission Models
SaintPetersburg.org operates on a dual-pathway transaction model designed to maximize artist profit margins:
Path A: Direct Directory Leads (0% Commission)
When a collector discovers the Artist through the Platform directory, bio page, or Showcase profile and initiates a transaction peer-to-peer (via the Artist's direct email, phone, external website, or physical studio visit):The transaction is entirely outside the scope of the Platform.The Platform takes a 0% commission fee.The Artist retains 100% of the revenue.
Path B: Hosted E-Commerce / The Shop Collective (10% Commission)
When the Artist explicitly chooses to list physical artwork for sale directly within the secure, hosted checkout ecosystem of SaintPetersburg.org:The Platform acts as an administrative facilitator, providing the SSL-encrypted checkout interface and processing payments securely via tier-one gateways (e.g., Stripe).The Platform retains a flat 10% operational commission on the gross retail sale price of the artwork. This fee is used strictly to offset merchant processing fees, server maintenance, security architecture, and administrative overhead.The remaining 90% of the gross sale price will be disbursed directly to the Artist via direct deposit or electronic payout within fourteen (14) business days of confirmed tracking and delivery to the buyer.
Limitation of Liability as a Venue and Platform Infrastructure
1. Venue Only: User acknowledges and agrees that SaintPetersburg.org and the Saint Petersburg Art Collective (collectively, "the Platform") operate solely as an independent digital venue, hosting infrastructure, and directory ecosystem. The Platform provides a technical medium allowing independent artists, studios, and galleries ("Vendors") to list profiles, showcase creative works, and connect with independent purchasers ("Buyers").
2. Absence of Agency: The Platform is not an auctioneer, a broker, an agent, or a direct party to any transaction, agreement, or contract executed between a Buyer and a Vendor. No partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by operation of the Platform.
3. No Warranties or Inspection: The Platform does not manufacture, store, inspect, verify, pack, or ship any physical items, fine art, or custom installations listed on the site. The Platform makes no representations, warranties, or guarantees—express or implied—regarding the quality, safety, authenticity, lawfulness, legality, or authorship of any artwork, nor the truth, accuracy, or compliance of any descriptions, credentials, or vendor listings.
4. Safe Harbor and Indemnification: To the maximum extent permitted by law, the Platform, its founders, and its affiliates shall not be held liable for any direct, indirect, incidental, punitive, or consequential damages arising out of, or connected with, any transaction facilitated by the Platform. Buyers and Vendors execute transactions entirely at their own risk. In the event of a dispute regarding shipping delays, property damage, payment chargebacks, product defects, or fraudulent representation, the transacting parties agree to release, indemnify, and hold harmless the Platform from any and all claims, demands, and damages of every kind and nature.