ARQA ART – Terms & Conditions
Effective Date: October 2025
01.
Introduction 1.1 About ARQA ART
ARQA ART is a division of Impetus World Inc., a privately owned Canadian company registered under Business ID 1001286873, certified by the Ministry of Public and Business Service Delivery (Ontario, Canada). ARQA ART operates as an international art fair organization headquartered in Canada, producing exhibitions and related events in various international venues, including but not limited to the Middle East, Asia, and Europe.
1.2 Scope of Application
These Terms and Conditions (the “Agreement”) govern all access to and use of the ARQA ART website (www.arqaartfair.com), as well as all communications, submissions, applications, and participation relating to ARQA ART events.
1.3 Binding Effect
By submitting any form, inquiry, exhibitor application, or request for participation, the Applicant acknowledges and agrees that they have read, understood, and will be legally bound by this Agreement, together with any Acceptance Letter or supplementary terms issued by ARQA ART or Impetus World Inc.
1.4 International Operations
While ARQA ART events may take place in foreign jurisdictions, all contractual relationships entered into under this Agreement are administered by Impetus World Inc. as a Canadian entity, subject to the governing law and jurisdiction provisions set forth herein.
02.
Definitions
“ARQA ART” refers to the event organizer, a registered business entity of Impetus World Inc.
“Impetus World Inc.” refers to the parent company of ARQA ART.
“Exhibitor” refers to any gallery, artist, institution, or organization submitting an application to participate in ARQA ART events.
“Participant” includes exhibitors, sponsors, collectors, press, and other registered attendees.
“Application Form” means the submission form completed online or by other means to request participation.
“Event” refers to the ARQA ART fair or any associated exhibition, forum, or activation.
03.
Acceptance of Terms
By submitting an application, inquiry, or request for participation, or by otherwise engaging with ARQA ART in connection with an event, you:
  • a) Acknowledge that you have read and understood these Terms and Conditions;
  • b) Agree that you are legally bound by these Terms and Conditions, together with any Acceptance Letter or supplementary terms issued by ARQA ART or Impetus World Inc.;
  • c) Confirm and warrant that all information provided in connection with your application or participation is accurate, complete, and not misleading;
  • d) Represent and warrant that you have full legal authority to act on behalf of, and bind, the entity submitting the application or participating in the event.
Failure to comply with these Terms and Conditions will entitle ARQA ART and/or Impetus World Inc., at their sole discretion and without liability or obligation of compensation, to deny participation, cancel acceptance, terminate participation, and retain any fees paid, in accordance with this Agreement.
04.
Eligibility and Application Review
Participation in ARQA ART is by invitation or approval only. All applications are reviewed by ARQA ART’s curatorial and executive committees. Submission does not guarantee acceptance.
Applicants are selected based on artistic merit, relevance to the fair’s curatorial vision, and alignment with ARQA ART’s standards. Applications must be submitted online or via invitation link with supporting materials as required.
05.
Formation of Agreement 5.1 Application as Binding Offer
Upon submission of an application, the Applicant expressly acknowledges and agrees that such submission constitutes a binding and irrevocable offer to contract with ARQA ART and Impetus World Inc., subject to review and acceptance at the sole discretion of ARQA ART management.
5.2 Preliminary Obligations
From the moment of application submission, the Applicant agrees to be bound by the terms and conditions of this Agreement, including but not limited to payment obligations, non-refundability provisions, compliance requirements, and governing law, notwithstanding the outcome of the review process.
5.3 Acceptance and Binding Effect
Final acceptance of the Applicant is effected exclusively through the issuance of a written Acceptance Letter by ARQA ART management. Upon issuance of such Acceptance Letter, this Agreement shall become fully effective, enforceable, and legally binding, without the need for any further signature, formality, or confirmation.
5.4 Right of Refusal
ARQA ART and Impetus World Inc. reserve the absolute and unilateral right to accept or refuse any application, in whole or in part, without obligation to provide justification and without liability of any kind.
5.5 No Reliance Prior to Acceptance
Until an Acceptance Letter is issued, no representations, communications, or exchanges, whether written or oral, shall be construed as a commitment to grant exhibition space, nor shall the Applicant be entitled to rely on any expectation of acceptance.
5.6 Survival
All provisions intended by their nature to survive acceptance, refusal, cancellation, or termination, including but not limited to payment, liability limitations, indemnification, and governing law, shall survive accordingly.
06.
Payment Terms 6.1 Deposit and Application Fee
Upon submission of the application, the Exhibitor shall pay a twenty percent (20%) deposit, which includes a non-refundable administration fee of two hundred fifty U.S. dollars (USD $250). The deposit is payable by credit card (Visa and MasterCard accepted) or wire transfer. The administration fee is non-refundable under all circumstances, including but not limited to withdrawal, rejection, cancellation, force majeure, or regulatory restrictions.
6.2 Invoicing and Payment Schedule
Within twenty-four (24) to forty-eight (48) hours following submission of the application, the Exhibitor shall receive an invoice for the total rental space and participation fees. Payment shall be completed as follows:
  • a) The deposit must be paid at the time of application submission;
  • b) The remaining balance shall be due thirty (30) days after issuance of the official Acceptance Letter, unless otherwise stated in the invoice or Acceptance Letter.
6.3 Non-Payment and Termination Rights
Any Exhibitor whose space rental and participation fees have not been paid in full by September 14, 2026, or by any other deadline stated in the Acceptance Letter or invoice, shall not be permitted to exhibit. In such event, ARQA ART and/or Impetus World reserve the absolute right, without liability or obligation of compensation, to:
  • a) Cancel the Exhibitor’s participation;
  • b) Reallocate or resell the exhibition space at their sole discretion; and
  • c) Retain any and all payments already made, including deposits and fees, as liquidated damages.
6.4 Binding Nature of Payment Deadlines
All booth rental fees, participation fees, and any ancillary charges must be paid strictly in accordance with the deadlines stated in the Acceptance Letter or invoice. Failure to comply with payment deadlines may result in immediate forfeiture of the allocated space, without further notice or recourse.
6.5 Standard Deposit Requirement
Unless otherwise expressly agreed to in writing by ARQA ART or Impetus World, twenty percent (20%) deposit is required upon confirmation of participation, with full payment due as specified in the Acceptance Letter or invoice.
6.6 Value Added Tax (VAT) – Kingdom of Saudi Arabia
All exhibition-related goods and services provided or delivered within the Kingdom of Saudi Arabia (KSA) are subject to fifteen percent (15%) Value Added Tax (VAT) in accordance with applicable Saudi laws and regulations. Accordingly:
  • a) Exhibitors shall pay the booth rental and participation fees plus 15% VAT, unless a valid and lawful exemption applies and is accepted by the relevant Saudi tax authorities;
  • b) For any sale of artwork or goods during the event, the Exhibitor is solely responsible for the collection, declaration, and payment of 15% VAT, which may be collected from the end customer in compliance with Saudi regulations.
6.7 Late Payments
Late payments may result in penalties of 5%, loss of participation rights, and/or forfeiture of exhibition space, at the sole discretion of ARQA ART and Impetus World, without liability for any resulting losses, damages, or expenses incurred by the Exhibitor. If exhibitor delay payment for over 60 days, whatever special rate agreed will be void and regular booth rental fee of $800 + vat per m2 will be applied.
6.8 Transfer Fees and Charges
All bank charges, wire transfer fees, currency conversion costs, taxes, duties, and related charges arising from payments made to ARQA ART or Impetus World are entirely the responsibility of the Exhibitor. Payments must be received net of all charges, without deduction or set-off.
6.9 No Waiver
Acceptance of late or partial payments shall not constitute a waiver of any rights or remedies available to ARQA ART, Impetus World, or their officers, directors, employees, agents, or representatives.
07.
Refunds, Cancellations, and Withdrawals 7.1 Application Fee – Non-Refundable
The application and administration fee of USD $250 is strictly non-refundable under all circumstances, including but not limited to withdrawal, rejection, cancellation, force majeure, logistical difficulties, shipping costs, or changes in the Exhibitor’s commercial circumstances. Submission of an application constitutes acknowledgment of this non-refundability.
7.2 Withdrawal After Application Submission
Following submission of an application, Exhibitors acknowledge that ARQA ART begins administrative, curatorial, planning, and allocation processes that generate costs and commercial exposure. Accordingly, withdrawals are subject to the following conditions:
  • a) Withdrawal within thirty (30) days: The Exhibitor may request a refund of amounts paid, less the non-refundable USD $250 application fee.
  • b) Withdrawal between thirty (30) and ninety (90) days: The Exhibitor shall be entitled to a refund of seventy percent (70%) of amounts paid, less the non-refundable USD $250 application fee.
  • c) Withdrawal after ninety (90) days or after acceptance: No refunds shall be issued, and all amounts paid shall be retained by ARQA ART and/or Impetus World Inc. as liquidated damages.
7.3 Failure to Pay Deposit or Balance
Submission of an application constitutes a formal commitment to participate. Any Exhibitor who submits an application and subsequently fails to pay the required deposit or balance within the timelines stated in the Acceptance Letter or invoice shall be deemed to have withdrawn unilaterally, and ARQA ART reserves the right to apply the refund and cancellation provisions of this Clause accordingly.
7.4 No Refund Based on Commercial or Logistical Considerations
Refunds shall not be granted due to changes in the Exhibitor’s financial position, shipping costs, customs considerations, transportation difficulties, insurance costs, staffing issues, or commercial strategy.
7.5 Exceptional Circumstances and Credit Policy
In the event of verifiable and extraordinary circumstances beyond the Exhibitor’s reasonable control, including but not limited to serious illness, force majeure affecting the Exhibitor’s operations, or other substantiated emergencies, ARQA ART may, at its sole discretion and without obligation, offer a credit (not a refund) of eligible amounts toward participation in a future ARQA ART event. Such credit:
  • Is non-transferable;
  • Has no cash value;
  • Must be used within a timeframe specified by ARQA ART;
  • Does not apply to the non-refundable application fee.
7.6 No Set-Off or Chargeback
Exhibitors waive any right to set-off, chargeback, or reversal of payments once made. Any attempted chargeback shall constitute a material breach of this Agreement and may result in immediate termination of participation and recovery of damages.
7.7 Liquidated Damages Acknowledgement
The Exhibitor acknowledges that the above refund and cancellation terms represent a reasonable pre-estimate of damages incurred by ARQA ART and Impetus World Inc. in connection with exhibition planning, space allocation, marketing, and opportunity costs, and are not a penalty.
08.
Exhibitor Responsibilities 8.1 Accuracy and Authenticity
Each Exhibitor is solely responsible for the accuracy of all information provided and for ensuring the authenticity, provenance, legality, and ownership of all artworks, objects, and materials exhibited or offered for sale. ARQA ART and Impetus World Inc. assume no responsibility for verification and rely entirely on the Exhibitor’s representations.
8.2 Compliance with Laws and Regulations
Exhibitors must comply at all times with all applicable laws, regulations, and requirements of the host country, including but not limited to customs, import/export, tax, cultural heritage, and exhibition regulations, as well as all rules issued by Saudi authorities and event organizers.
8.3 Cultural, Religious, and Social Sensitivities (KSA)
Exhibitors acknowledge that the event takes place in the Kingdom of Saudi Arabia and agree that all exhibited works, images, texts, performances, and promotional materials shall respect local cultural, religious, and social norms, including restrictions related to religion, sexuality, nudity, political or ideological messaging, protest content, and public morality. ARQA ART reserves the right to require prior review and approval of artworks where necessary.
8.4 Right of Removal and Non-Liability
ARQA ART reserves the absolute right, at its sole discretion and without liability or obligation of compensation, to remove, cover, restrict access to, or exclude any exhibit, material, or activity deemed offensive, non-compliant, unlawful, or inconsistent with curatorial standards, local regulations, or instructions from competent authorities.
8.5 Indemnification and Responsibility
The Exhibitor shall indemnify and hold harmless ARQA ART, Impetus World Inc., and their officers, directors, employees, agents, and partners from any claims, penalties, losses, damages, or costs arising from the Exhibitor’s failure to comply with this Clause, including regulatory actions, third-party claims, or reputational harm.
8.6 Booth Occupation and Forfeiture
Any Exhibitor who fails to fully occupy and operationally install their allocated booth by 2:00 p.m. on October 29, 2026 shall be deemed in default. In such event, ARQA ART reserves the unrestricted right to reassign, repurpose, or otherwise use the booth space without notice. The Exhibitor shall remain fully liable for the total booth rental, participation fees, and any additional costs incurred, and no refund or compensation shall be due.
8.7 Limitation of Liability
The Exhibitor expressly agrees that ARQA ART, Impetus World Inc., and their officers, directors, employees, agents, and partners shall not be liable for any direct or indirect loss, damage, expense, or injury suffered by the Exhibitor arising from or related to participation in the event, including but not limited to installation, exhibition, sales activities, regulatory actions, or the partial or total cancellation of the event, except where liability cannot be lawfully excluded under applicable Canadian law.
09.
Booth Allocation and Curatorial Placement
Booth assignments are determined solely by ARQA ART management. Exhibitors cannot claim specific spaces unless approved. ARQA ART may adjust placements as needed.
10.
Liability, Insurance, and Assumption of Risk 10.1 Assumption of Risk
The Exhibitor acknowledges and agrees that participation in the event is undertaken entirely at the Exhibitor’s own risk. The Exhibitor assumes full responsibility for any loss, theft, damage, destruction, or injury to persons or property arising from or related to participation in the event, including but not limited to installation, exhibition, dismantling, storage, and transportation of artworks and materials.
10.2 Recommended Property and Transport Insurance (Non-Mandatory)
Each Exhibitor is solely responsible for protecting its own property and artworks and is strongly encouraged, but not required, to obtain insurance coverage for loss or damage due to fire, theft, burglary, breakage, leakage, water damage, and all risks of transport to and from the exhibition venue. In all cases, the Exhibitor assumes all risks of loss related thereto, and ARQA ART and Impetus World Inc. do not provide such coverage.
10.3 Third-Party Liability Insurance (Mandatory)
As a mandatory condition of participation, each Exhibitor will maintain valid third-party public liability insurance covering bodily injury and property damage arising from the Exhibitor’s activities, including installation, exhibition, and dismantling. Prior to admission to the event, Exhibitors will provide a certificate of insurance evidencing such coverage and naming ARQA ART and/or Impetus World Inc. as additional insureds or beneficiaries, or will elect to participate in any collective insurance program offered by the event, where available.
10.4 Exhibitor-Caused Damage
All damages, injuries, or losses caused by the Exhibitor, its employees, contractors, agents, or representatives—including damage to exhibition structures, neighboring booths, artworks, venue property, or third parties—are the sole responsibility of the Exhibitor, who will fully indemnify and hold harmless ARQA ART and Impetus World Inc. from any resulting claims, liabilities, costs, or expenses.
10.5 Limitation and Exclusion of Liability
To the fullest extent permitted by applicable law, ARQA ART, Impetus World Inc., and their officers, directors, employees, agents, and representatives will not be liable for any direct, indirect, incidental, special, or consequential loss or damage suffered by the Exhibitor or its property, whether arising from participation in the event or from the cancellation, postponement, or modification of the event, regardless of cause.
10.6 Optional Cancellation Insurance
Exhibitors are advised, but not required, to obtain optional insurance coverage protecting against losses arising from event cancellation or postponement, including due to force majeure or other unforeseen circumstances. Failure to obtain such insurance will not give rise to any claim against ARQA ART or Impetus World Inc.
11.
Intellectual Property Rights
All ARQA ART materials are the property of ARQA ART, Impetus World, or respective owners. By submitting materials, exhibitors grant a non-exclusive, royalty-free license for promotional and archival use.
12.
Marketing and Media Use
ARQA ART reserves the right to photograph, film, and record the event for marketing and documentation purposes. Participation constitutes consent for use of such media without compensation.
13.
Force Majeure
Neither party shall be liable for non-performance resulting from events beyond their reasonable control, including but not limited to natural disasters, pandemics, wars, civil unrest, unforeseen circumstances, or government restrictions.
Management reserves the right, at its sole discretion, to modify, postpone, reschedule, or change the date and/or location of the event if necessary. Should an exhibitor be unable to attend on the revised date or at the revised location, fees may, at management’s discretion, be credited toward a future edition of the fair.
14.
Dispute Resolution and Governing Law
All disputes are governed by the laws of Canada, Province of Ontario, and resolved under the Arbitration Act of Ontario, seated in Toronto.
15.
Disclaimer of Warranties
ARQA ART provides its services “as is.” No guarantees are made regarding sales, exposure, or commercial success.
16.
Indemnification
You agree to indemnify ARQA ART, Impetus World, and affiliates from any claims, losses, or expenses arising from breaches, negligence, or violations of third-party rights.
17.
Confidentiality and Data Handling
All shared information is handled per the ARQA ART Privacy Policy. By applying, you consent to data storage and international transfer for event purposes.
18.
Modification of Terms 18.1 Right to Amend
ARQA ART and Impetus World Inc. reserve the right to modify or update these Terms where reasonably required for operational, legal, regulatory, or security reasons, including compliance with host country regulations.
18.2 Notice of Amendments
Any material modification will be communicated in writing to Exhibitors via email or official platform. Amendments will apply prospectively only and will not affect rights or obligations already accrued unless required by law or governmental authority.
18.3 Acceptance of Amendments
Continued participation in the event, including installation, exhibition, or attendance, after receipt of notice of the amended Terms, constitutes acceptance of such amendments.
18.4 Priority of Acceptance Letter
In the event of any inconsistency between these Terms and the Acceptance Letter, the Acceptance Letter prevails unless expressly stated otherwise.
19.
Entire Agreement
These Terms, together with the Privacy Policy and Acceptance Letter, form the entire agreement between the exhibitor and ARQA ART.
20.
Contact Information
ARQA ART / Impetus World
team@arqaartfair.com
Tel: +1 (907) 267-3366 | Toll-Free: +1 (866) 997-0ART
77 City Centre Drive, East Tower, Suite 501
Mississauga, ON, L5B 1M5, Canada