These terms and conditions set out below apply to the Frieze In Person Membership offered by Frieze, for Frieze London, Frieze Masters, Frieze Los Angeles and Frieze New York only (each a “Frieze Fair”). For the avoidance of doubt, for Frieze In Person Membership for Frieze Seoul please see https://www.frieze.com/legals/in-person-seoul.
These terms and conditions are also subject to the Frieze Terms of Use which apply to the use of the Frieze In Person Membership service (the “Service”), as well as the frieze magazine Terms and Conditions. By purchasing a Frieze In Person Membership and/or signing up to a Frieze In Person Membership having been gifted one, 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 and Frieze Connect Terms and Conditions
1. Membership
a) General
A Frieze In Person Membership entitles you to receive:
- Preview Day access to one edition of the Frieze Fair in the city of your choice and one expert led guided tour (either in person or digitally subject to availability and regulations in force at the time) of the Frieze Fair of your choice;
- a 20% discount on premium tickets for all other Frieze Fairs,
- invitations and free admission to digital events and talks,
- invites to member-only events,
- curated e-newsletter with global art highlights,
- priority booking to Frieze Fairs,
- first look at Frieze Editions,
- partial access to Frieze Connect
(points (i) – (vii) each a “Membership Event” and together the “Membership Events”),
- early 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”),
- annual 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”). By purchasing this membership you shall also be subject to the frieze magazine Terms and Conditions.
The Frieze Membership Benefits are offered by Frieze, for Frieze London, Frieze Masters, Frieze Los Angeles and Frieze New York only.
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 or Frieze Fair 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 in the staging of a Membership Event or Frieze Fair. Cancellation of an in person Frieze Fair may entitle you to a 50% refund of the Frieze In Person Membership fee such remedy to be at Frieze’s sole discretion.
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 In Person 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 In Person Membership, in your being denied access to the applicable aspect of any Membership Event, in your forfeiting monies paid as part of your Frieze In Person 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.
2. Contract formation, usernames and passwords
You can purchase Frieze In Person membership online at frieze.com. All inquiries relating to group and/or institutional memberships should be directed to membership@frieze.com.
3. Membership period and automatic renewals
Your Frieze In Person Membership commences immediately following successful completion of your registration (including purchase), and the membership contract will continue and renew automatically on an annual basis unless and until it is ended by either of us 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 Term.
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.
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.
Frieze reserves the right to change the Frieze In Person Membership (including but not limited to its features, content, benefits or any other services related to Frieze In Person Membership) with or without notice to you (as required or permitted by applicable law) in order to improve the quality of the Frieze Membership offered to you or to comply with any relevant laws, regulations or Frieze policies. This will not affect the membership that you have already paid for, unless the change affects our ability to fulfil your membership, in which case paragraph 6 (Cancellations and refunds) will apply.
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 membership@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 In Person 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 take an active step to enjoy any of the Frieze Membership Benefits (including booking or attending a Membership Event or entering your username and password to access Exclusive Member Content because, at that point, we will have begun the supply of the Exclusive Member Content to you as part of your Frieze In Person Membership).
If you wish to exercise your legal right to cancel during such period, you should complete the relevant steps for cancellation as set out on www.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) or if you do not comply with the terms and conditions of entry or the health and safety protocols in place at any Frieze Fair that you attend.
Right to cancel with notice
Other than where you exercise your legal right to cancel during the 14 day cooling off period, you may terminate your Frieze In Person 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 by Frieze. 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 In Person 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 In Person 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.
7. General Terms
Entire Agreement
These Frieze In Person Membership Terms and Conditions, together with the Frieze Terms of Use and frieze magazine Terms and Conditions (together the “Terms”), 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 the Terms 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 In Person 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 In Person Member in connection therewith. For clarity, as a Frieze In Person 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 other than the refund referred to at paragraph 1(b) (Cancelled or Postponed Membership Events). 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 fulfilment,
- shipping,
- marketing and promotional material distribution for various events,
- website evaluation,
- data collection, storage, management, and analysis,
- internet-based, targeted and/or online behavioural 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 In Person 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 In Person 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 In Person Membership includes the option to extend any of your applicable Membership Benefits to a guest or other third party (“Guest”) (for example, where you have signed up for a Dual Frieze In Person Membership), you hereby acknowledge and agree that, as the Frieze In Person 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 In Person 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 In Person Membership, please contact our customer services team.
Tel: 020 3372 6111
Email: info@frieze.com