Frieze 91 Membership Terms and Conditions

Frieze 91 Membership Terms and Conditions

These terms and conditions set out below apply to the Frieze 91 Membership offered by Frieze. These terms and conditions are also subject to the Frieze Terms of Use which apply to the use of the Service, as well as the frieze magazine Terms and Conditions and the Privacy Policy. By purchasing a Frieze 91 Membership you agree to be bound by and to comply with these terms and conditions as well as the Frieze Terms of Use, frieze magazine Terms and Conditions, Frieze Connect Terms and Conditions and the Privacy Policy.

1. Membership Benefits

a) General

A Frieze 91 Membership entitles you to receive some or all of the following benefits:

priority entry and invitation(s) to the Frieze Fair of your choice limited to one fair per Membership Year (if you have opted into a Select membership) or all Frieze Fairs (if you have opted into an All Access membership) and members-only preview hours;
Invitation(s) to digital events and talks;
first look at Frieze Editions;
access to Frieze Connect;
additional special events such as:
1. curator-led tours or acclaimed institutional exhibitions;
2. invitations to artists’ studio visits; workshops and lectures;
3. weekend gallery walks and cultural city-breaks.

(points (i) – (vii) each a “Membership Event” and together the “Membership Events”);

priority access to the Frieze Viewing Room;

discounts on Frieze merchandise;
unlimited access to all content on www.frieze.com, including exclusive premium content available only to Frieze Members (“Exclusive Member Content”);
a monthly Frieze Members’ Newsletter;
a frieze magazine subscription; and
other exclusive offers from promotional partners, plus such other benefits as may be communicated by Frieze via frieze.com or otherwise in writing

(together, the “Frieze Membership Benefits”).

If you have opted into the Resident by Frieze & NeueHouse membership, you shall also be entitled to receive certain additional benefits, such as access to all NeueHouse locations in New York, Los Angeles and Miami, subject to any terms and conditions provided by NeueHouse. Any benefits offered in connection with the Resident by Frieze & NeueHouse membership shall be included in the definition of “Frieze Membership Benefits” for the purpose of these Terms and Conditions.

By purchasing this membership you shall also be subject to the frieze magazine Terms and Conditions.

Frieze reserves the right to reduce or modify the Frieze Membership Benefits at any time for any reason in its sole discretion without liability to you.

b) Special Terms and Conditions Related to Membership Events

Cancelled or Postponed Membership Events

The location, date and time of a Membership Event and any other elements of a purchase are subject to change by Frieze, the venue owner or other third party responsible for or otherwise involved the staging of a Membership Event or other elements of your Frieze 91 Membership, respectively, in each of their sole discretion, and no such change shall entitle you to a refund of any part of the Frieze 91 Membership fee or any other remedy in the event that you cannot attend for any reason due to such change.

Travel to Membership Events

Certain Membership Events may require you to make arrangements for domestic or international travel, accommodations, and/or other hospitality experiences (“Hospitality”). You acknowledge and agree that you shall be solely and fully responsible for any and all fees, costs, and expenses incurred or committed to by you in connection with any such Hospitality, and you shall acquire the same at your own risk. Where applicable, a valid passport may be required for travel to and from a Membership Event. If a Membership Event is outside of your territory, please ensure that you have a valid passport prior to purchasing a Frieze 91 Membership as no refunds or exchanges will be provided for reasons relating to inability to travel for any reason. There shall be no refunds or exchanges of any part of the Frieze 91 Membership for illness, emergencies or any other unexpected circumstances affecting your attendance at a Membership Event.

It is recommended that you consider purchasing travel insurance from a third-party. Unless specifically noted, travel insurance is not included in the cost of your Frieze 91 Membership purchase to protect against third party supplier default or bankruptcy, delay, interruption, missed connection for cruises, cancellation, medical emergency transportation/evacuation & repatriation, baggage & personal effects/lost luggage & baggage delay, illness, job loss protection and change of plans, accidental death and disability, travel accident/sickness medical expenses, and more. Proper insurance may protect you from financial loss in almost all circumstances.

Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travel for any reason, no portion of your Frieze 91 Membership may be refunded. The purchase of travel insurance is not required in order to receive other products or services offered as part of the Frieze Membership Benefits.

Employees of Frieze are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage.

It is your responsibility to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations or third-party policies when traveling. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight.

When you receive any and all travel documents, it is your sole responsibility to review and verify all information. Contact Frieze immediately if changes or corrections are required. You are responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. Frieze shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by your health practitioner on a valid vaccination certificate, which you must carry for proof of inoculation where required.

Travel to certain destinations may involve greater risk than others. Frieze urges members to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the relevant government authority prior to booking travel to international destinations.

By offering travel to particular destinations, frieze does not represent or warrant that travel to such points is advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to such destinations. Members’ participation constitutes acceptance of such events at members’ own risk.

Publicity Release

By attending a Membership Event, you hereby irrevocably grant to Frieze and its members, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with other events produced by Frieze or any of Frieze’s affiliates and hereby release Frieze and each of their respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto. Except as expressly authorized by Frieze or a third party authorized by Frieze, you may not film, photograph, broadcast, stream, publish, transmit, and/or otherwise offer to the public (or assist any third party in offering to the public), on a live or on a delayed basis, in whole or in part, and whether on a free basis or subject to payment, any sound recording, photograph, video footage, motion picture, film, and/or other audio and/or visual content captured by any means whatsoever in or around the Membership Event site or while engaging in a digital experience on a Frieze platform or third party platform.

Third-party aspects of the Membership Events

In connection with any of the Membership Events, Frieze might display information about travel locations, tours, services, packages, transportation, hotel accommodations, currency, schedules, various forms of entertainment and many other things and amenities. Much of this information is supplied to Frieze by third parties (e.g., hotels, resorts, transportation companies, artists, concessionaries) and Frieze cannot check the accuracy of such information. Some of the goods and/or services which make up your Frieze 91 Membership in connection with a Membership Event are provided by third parties in accordance with their own terms and conditions which may limit or exclude such third party’s liability to you.

You understand that any violation of any third party’s terms and conditions may result in cancellation of your Frieze 91 Membership, in your being denied access to the applicable aspect of any Membership Event, in your forfeiting monies paid as part of your Frieze 91 Membership for such amenity, and/or in our debiting your account for any costs we incur as a result of such violation.

You agree that Frieze is in no way responsible for the accuracy, timeliness or completeness of information Frieze may obtain from third parties. Your interaction with any third party is at your own risk, and Frieze will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any third party.

You may be relocated to an alternative room in the sole discretion of a hotel, lodging provider or Frieze and no such relocation shall entitle you to a refund, make-good or other remedy from Frieze if you are relocated. All of your interactions with any third party shall be governed solely and exclusively by the terms and conditions set forth by that third party in connection with that interaction. You are solely responsible for confirming and adhering to any and all third-party terms and conditions in connection with your Frieze 91 Membership.

If applicable, hotel/lodging/resort information provided by frieze (including, without limitation, ratings, photographs, list of hotel/lodging/resort amenities, and descriptions of property and rooms) are provided by the respective suppliers and service providers. This hotel/lodging/resort information are general guidelines and frieze cannot guarantee their accuracy. They are to be used as a general guide and the ratings and hotel/lodging/resort information may be amended periodically by the respective suppliers to keep current.

2. Contract formation, usernames and passwords

You can submit an application for a Frieze 91 Membership online at frieze.com. Applications will be considered on a rolling basis. Completion of an application does not guarantee acceptance. You will be notified of your application status within ten (10) business days of your submission thereof. Notification will occur via email, telephone, and/or mail at the information provided by you with your application. You must complete your registration and applicable payment within fifteen (15) business days of Frieze’s delivery of notification of your acceptance into the Frieze 91 program in order for your Frieze 91 Membership to be considered active.

3. Membership period and automatic renewals

If you submit a successful application for a Frieze 91 Membership, your Frieze 91 Membership will commence immediately following the acceptance of your application and successful completion of your registration (including purchase), and the membership contract will continue and renew automatically on an annual basis (the “Membership Term”) unless and until it is ended by Frieze in accordance with paragraph 6 (Cancellations and refunds).

The period between the commencement of your membership and the first automatic renewal date, and any individual period(s) between subsequent automatic contract renewal date(s) occurring thereafter, shall each be referred to as the Membership Year.

4. Payment

You agree to pay the membership price for the annual membership, which is the price as advertised on the Service at the time of purchase. The price is inclusive of all applicable sales taxes, unless stated otherwise.

Any special offer or discount offered may be withdrawn or changed without notice.

You will be charged for your membership fully in advance or on a monthly or annual basis, in accordance with the terms selected by you at the time of your application.

In order to purchase an annual membership, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, email address, credit card information, and billing address. Our Privacy Policy explains how such information is collected and may be used by us. Your ability to purchase an annual membership is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By using a credit or debit card to purchase membership, you authorize us to charge such card on an annual basis as specified in the amount described herein (or as otherwise notified by us). You represent and warrant that you are an authorized use of the credit or debit card used to enter into any transaction with Frieze hereunder.

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United Kingdom on a UK credit or debit card, your bank may convert the payment amount to your local currency and charge you a conversion fee.

5. Membership changes

Frieze reserves the right to withdraw or change any membership and/or price at any time for any reason.

Frieze reserves the right to change the Frieze 91 Membership (including but not limited to its features, content, benefits or any other services related to Frieze 91 Membership) without notice or liability to you in order to improve the quality of the Frieze Membership offered to you or to comply with any relevant laws, regulations or Frieze policies.

We reserve the right to change the membership price at any time. If we change any material terms of the membership and/or the membership price we will inform you with at least 30 days’ notice (or such other length of notice as is required by law) so that you can choose whether or not to continue your membership. Should you choose to cancel, your membership will continue until the end of your Membership Term (including access to all benefits as well as all payment obligations), and following expiration of the Membership Term you will not be billed again. We will inform you of any changes by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the Service. It is your responsibility to notify us of any change in your e-mail address by emailing us at Frieze91@frieze.com. For clarity, no refunds will be processed in the event of cancellation pursuant to this paragraph under any circumstances.

6. Cancellations and refunds

Right to cancel during cooling off period

You have a legal right (as set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) to cancel your membership within 14 days from the day you receive email confirmation from us that your membership contract is confirmed as described in paragraph 2 (Contract formation, username and passwords).

You expressly agree that we may begin supply of the Exclusive Member Content as part of your Frieze 91 Membership before the end of the 14-day cancellation period referred to in the previous paragraph. You also acknowledge that your legal right to cancel your membership contract as described in the previous paragraph will be lost when you enter your username and password because, at that point, we will have begun the supply of the Exclusive Member Content to you as part of your Frieze 91 Membership.

If you wish to exercise your legal right to cancel during such period, please email Frieze91@frieze.com. Once you have confirmed your cancellation details, you will receive a confirmation email to let you know that this has been successfully processed. We will make the applicable refund of any fees paid not later than 14 days after the day on which we are informed about your decision to cancel your membership contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the refund.

Frieze’s right to cancel

We may cancel your membership immediately at our sole discretion if you fail to make payment when due or are in breach of any of your obligations under the Terms of Use (including these Terms and Conditions).

Your right to cancel

You may terminate your Frieze 91 Membership at any time and for any reason before the expiration of your current Membership Term by completing the relevant steps for cancellation as set out below. Once you have confirmed your cancellation details, you will receive a confirmation email to let you know that this has been successfully processed. Upon cancellation by you pursuant to these terms, your Frieze 91 Membership (including access to all benefits as well as all payment obligations) will continue for the remainder of your current Membership Term. Upon conclusion of the current Membership Term, you will not be billed again. You must cancel your Frieze 91 Membership before it automatically renews in order to avoid being billed for the next Membership Term. For clarity, no refunds will be processed in the event of cancellation pursuant to this paragraph under any circumstances.

In order to cancel your membership please email frieze91@frieze.com with your cancellation request.

7. General Terms

Entire Agreement

These Frieze 91 Membership Terms and Conditions, together with the Frieze Terms of Use and frieze magazine Terms and Conditions, constitute the entire agreement between you and Frieze with respect to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to these Terms will be binding on Frieze unless in writing and signed by an authorized Frieze representative. Frieze reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice (as permitted or required by law). You shall not assign or otherwise transfer these Terms and Conditions or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use the Membership or third-party products or services.

Representations and Warranties

Without limiting anything set forth in these Terms and Conditions, you, for yourself and on behalf of your Guest(s) (if and as applicable), hereby represent and warrant that: (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with your Membership (including without limitation your attendance at a Membership Event and/or activities corresponding to your transactions with Frieze); (b) you will not engage in any conduct that is, in Frieze’s or any third party’s discretion, disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with these Terms and Conditions or any applicable third party terms, conditions, rules, or policies (collectively, “Removal Conduct”) throughout your enjoyment of your Membership (including, without limitation, your attendance at any Membership Event); (c) you are of sufficient legal age and authority to enter into any transaction with Frieze in connection with this Membership, to attend a Membership Event, and to create legal binding obligations for any liability you may incur as a result of entering into these Terms and Conditions; (d) you are an authorized user of the credit or debit card used enter into any transaction with Frieze; (e) you shall at all times be incompliance with any and all terms, conditions, policies and rules set forth by Frieze and/or any applicable third party; (f) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with Frieze; and (g) you will not attempt to charge back your purchase of a Frieze 91 Membership with your bank or credit card company.

Force Majeure

If Frieze determines, in its sole discretion, that any of the Membership Events or other Membership Benefits cannot be delivered or must be cancelled, delayed, or postponed (either prior to or after commencement) due to an Event of Force Majeure which is impacting or may reasonably be anticipated to impact such Event or Benefit (including any planning related thereto(, Frieze will be released from its obligations in relation to the Event and shall have no liability or obligation to any Frieze 91 Member in connection therewith. For clarity, as a Frieze 91 Member, you shall not be entitled to any make-good or remuneration in connection with any Membership Events or other Membership Benefits not performed as a result of an Event of Force Majeure, and Frieze shall have no liability or responsibility in connection with any sums (including without limitation fees, costs and expenses) incurred or committed to by you in connection with your enjoyment of such cancelled Event or Benefit, including, without limitation, any sums incurred or committed to by you in connection with any third parties. If Frieze confirms that any of the Events or Benefits are postponed and shall be rescheduled, you may choose to attend or enjoy such rescheduled Event/Benefit at your own discretion and Frieze shall not be responsible for any additional costs incurred by you as a result thereof.

“Event of Force Majeure” means any law, regulation or order, act of God, earthquake, heavy rain leading to flooding fire, disease, epidemic or pandemic (including without limitation H1N1 swine flu, H1N5 bird flu, coronavirus or other similar virus), accident, explosion, casualty, labour controversy (including but not limited to threatened or actual lockout, boycott or strike), government decision or decree or a decision by any other relevant authority (including without limitation any sports federation or events rights holder) , riot, civil disturbance, war or armed conflict, terrorist act or threat of terrorism, delay of a common carrier; or any other event or events beyond the reasonable control of Frieze.

Assumption of Risk

You fully understand, acknowledge, and agree that you and/or your Guest(s) may be exposed to certain communicable illnesses and diseases including, without limitation, COVID-19 (collectively, the “Illnesses”), in connection with your Membership and its related activities (including any Membership Event), which may lead to contraction of Illness(es) or becoming a carrier of Illness(es) which may lead to damage to your health and/or that of others, including, but not limited to, physical and mental health injuries (including death), economic loss or hardship, and/or other lost opportunities (including economic, reputational, or otherwise). You represent and warrant that you and your Guest(s) will participate in your Membership and/or attend any Membership Event or other related activities voluntarily, that you and your Guest(s) have knowingly evaluated and are fully aware of, and hereby accept and assume, the risk of exposure to the Illness(es) in connection with the Membership (including any Membership Event). The foregoing is not an exhaustive list of the risks and dangers you and/or your Guest(s) may be exposed to as a result of participation in the Membership (including any Membership Event), and you, for yourself and on behalf of your Guest(s), voluntarily and freely accept and assume these and all other such risks and dangers (whether known or unknown) you and/or your Guest(s) may encounter or be exposed to in connection with your Membership (including any Membership Event).

In full knowledge and complete assumption of all of the risks, you, for yourself and on behalf your related individuals or associated entities (including, without limitation, any of your Guest(s) (hereinafter defined), if and as applicable) (collectively, the “Releasing Parties”), hereby irrevocably agree that the Releasing Parties will not sue or claim against Frieze or any of Frieze’s employees, contractors, agents, officers or representatives (collectively “Frieze Parties”) for any injury (including death or disability), illness, damage, loss or harm to any Releasing Party resulting or arising out of or in any way related to your or your guests preparation for, travel for, or participation in the Membership, including your attendance and appearance at any Membership Event. Frieze reserves the right to require additional documentation or other measures (including, without limitation, signed waivers) of you or your Guest(s) in connection with this release or any future Illnesses or associated harms, whether known or unknown, at any time during the Membership and as a condition of any benefits provided for herein. Non-performance by Frieze of any Membership Benefits provided for herein due to your and/or your Guest(s)’s failure to provide such additional documentation or other measures shall not be considered a breach by Frieze hereunder, and you shall not be entitled to any remuneration or compensation in connection therewith.

Indemnification

You agree to defend, indemnify, and hold harmless Frieze, and its parents, subsidiary, and affiliate entities, and each of their respective officers, agents, directors, representatives, contractors, employees, sponsors, and other personnel (collectively, the “Indemnified Parties” from and against any and all liabilities, claims, damages, costs, and expenses (including attorneys’ fees) arising out of or otherwise related to: (a) your transaction with Frieze and/or your use of any website, platform, or other facility provided by or in connection with the Membership; (b) your violation or breach, or alleged violation or breach, of these Terms and Conditions, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgements, and agreements herein; (c) your participation in the Membership or attendance at or in connection with any Membership Event(s), including, without limitation, any Removal Conduct or other acts or omissions by you; and (d) your Guests (hereinafter defined).

Information Sharing

Without limiting anything set forth herein, by accepting a Membership, you acknowledge and agree that your Membership is subject to the terms and conditions set forth in the Privacy Policy and the privacy policies of any third-parties and you hereby agree to be bound by the same. Without limiting anything set forth in the Privacy Policy, you acknowledge and agree the Frieze may collect and share your personally identifiable information (including, without limitation, your name, address and email address) with its parent, subsidiary, member and other affiliated companies and with other third parties (e.g., partners and sponsors) in connection with the operation of our and/or their business. Examples of purposes for which we may collect and share such information include:

payment processing and authorization,
fraud protection and credit risk reduction,
product and service customization,
order fulfillment,
shipping,
marketing and promotional material distribution for various events,
website evaluation,
data collection, storage, management, and analysis,
internet-based, targeted and/or online behavioral advertising,
Frieze’s and its affiliates’ partners and clients (e.g., IMG; Endeavor), and/or
any other services designed to assist us and/or our affiliates in maximizing our and/or their business potential and profits.

Governing Law

Unless contrary to applicable law in your jurisdiction:

If the address you provide in your Frieze 91 Membership application is located anywhere in the world other than the European Union, the United Kingdom, or any other country in Europe, New York law and controlling US federal law govern any action related to these terms and/or your use of the Service and/or the Frieze Membership. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms. You and Frieze agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York, USA.

If the address you provide in your Frieze 91 Membership application is located in the European Union, the United Kingdom, or any other country in Europe, the laws of England and Wales shall govern any action related to these terms and/or your use of the Service and/or the Frieze Membership. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms. You and Frieze agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Survival

The rights and obligations under these Terms which by their nature should survive will remain in full effect after termination or expiration of these Terms.

Waiver; Severability

Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, you and Frieze agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.

Conflict

In the event of a conflict between these Terms and any other agreements between you and Frieze shall determine in its discretion which terms shall govern.

Translation

This English language version of these Terms governs your relationship with Frieze and any translations of the Terms into another language shall not be binding on Frieze.

Guest Policy

If your Frieze 91 Membership includes the option to extend any of your applicable Membership Benefits to a guest or other third party (“Guest”), you hereby acknowledge and agree that, as the Frieze 91 Member on record, you shall be solely and fully liable for any and all actions and activities of your Guest in connection with their enjoyment of the applicable Membership Benefit(s), including, without limitation, any of their negligence or misconduct, any damage or injury caused by them or otherwise arising out of or related to their actions, and any breach of or non-compliance with any terms and conditions set forth by Frieze on their part. It is your sole responsibility to advise your Guest of any terms which may govern their enjoyment of such Membership Benefits, including, without limitation, these Terms and Conditions. For clarity, the option to extend your Membership Benefits provided for under your Frieze 91 Membership shall apply only to those select Membership Benefits that Frieze has expressly and affirmatively indicated are able to be extended, and your extension of any applicable Membership Benefits shall be subject to your compliance with any and all terms set forth by Frieze in connection therewith.

8. Anti-Discrimination Policy

Frieze unites people in our love of the arts. We understand this can only be accomplished when we harness the entirety of our company and lead with a lens of diversity, equity, and inclusion in everything we do. As a global company that drives culture, we are committed to practicing anti-discrimination – including race, gender identity, sexual orientation, and disability – together with artists, writers, and cultural practitioners from all backgrounds. There is still much work to be done to address the systemic inequality and discrimination within the arts and culture industry, and we are dedicated to making progress both within our own organization and the art world at large.

9. Queries

If you have any queries or comments about your Frieze 91 Membership, please contact our customer services team.

Email: frieze91@frieze.com