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Callie Beller Diesel

How Common Are Exclusivity Clauses? (Long)

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I noticed this exclusivity clause in the 2012 and 2013 One of a Kind show contracts for the Toronto show.  Clearly stated at the end of the Acceptance Criteria.

 

http://oneofakindshow.com/Show_Application.pdf

 

Seems to be expressly stated upfront.   And this has been going on for a couple of years.   Defying an exclusivity clause might result in consequences.   So this is a common business practice in Canada?  My first reaction would have been to ignore it, but I don't think I would after seeing this.    It would be way too easy for the show to check out a listing of vendors at other venues.  I don't like this practice at all but I think I would make a choice and weigh my options considering how much opportunity cost you would have from missed shows.

 

Very interesting scenario ... learn something every day.  I hope craft shows in the States don't pick up on this idea ....

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I noticed this exclusivity clause in the 2012 and 2013 One of a Kind show contracts for the Toronto show.  Clearly stated at the end of the Acceptance Criteria.

 

http://oneofakindshow.com/Show_Application.pdf

 

Seems to be expressly stated upfront.   And this has been going on for a couple of years.   Defying an exclusivity clause might result in consequences.   So this is a common business practice in Canada?  My first reaction would have been to ignore it, but I don't think I would after seeing this.    It would be way too easy for the show to check out a listing of vendors at other venues.  I don't like this practice at all but I think I would make a choice and weigh my options considering how much opportunity cost you would have from missed shows.

 

Very interesting scenario ... learn something every day.  I hope craft shows in the States don't pick up on this idea ....

No, this is not common in Canada. I was at the most recent One of a Kind Show in Toronto on my way back from NCECA It's a huge show, very professional. They have been going for 20 years or more. I was not aware of their exclusivity contract as I am not selling there. Booth fees are very high. I noticed that you can purchase a one quarter booth-where there is only room to stand. Signatures in Edmonton and Calgary is moving in on established craft fairs. The trend seems to be to make money up front on the backs of the craft people. But having said that, if we didn't have these big craft fairs, many artists/craftspeople would not have a venue to sell their work.

TJR.

edit 450 booths at the show.

T.

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I have never understood the perceived need for "exclusivity" in the Arts.

Coast to coast across America stores sell the exact same stuff from well stocked, crowded shelves and it all seems to work out fine. This paranoia that 'if they see it somewhere else they won't buy from me' is crazy. Surely the trend has to reverse occasionally and they buy from you instead of the other store??

That said, for a great show I would not take a chance but suck it up and do it. For a first time or so/so show ... Not so much.

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Exclusivity clauses are NOT at ALL common in Canada, which made me wonder if they were in other places when this one popped up. I thought it was weird and counterproductive. I knew of the clause for Toronto's One Of A Kind, but as Tom said, they're kind of in their own ballpark and the exception to a lot of rules. And as you say DirtRoads, they have their terms clearly posted.

 

I went to the Signatures spring show in Calgary this past weekend, in part to see if it would be worth an exclusivity clause. 250 bored and depressed looking vendors in a venue that houses part of the Calgary Stampede. Shopper turnout was abysmal by several accounts, and the friend I dragged along with me said that if I hadn't told her about the event she never would have known about it.

 

I'll stick with my smaller shows for now. These Signatures turkeys have dug themselves a hole I think, but the next few months will tell.

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I think exclusivity kind of fizzled out with the Internet. At first Artists were heavily warned by galleries not to sell online ... even threatening to drop them if they did ... then within a few years they were selling online too, competing with their own artists.

Exclusivity is still alive in the Capital "A" Art market because you need a gallery to represent you in the high $$$ price range. The trade off being that they DO represent you, they make it a point to know your story and take care of your work.

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Exclusivity clauses are NOT at ALL common in Canada, which made me wonder if they were in other places when this one popped up. I thought it was weird and counterproductive. I knew of the clause for Toronto's One Of A Kind, but as Tom said, they're kind of in their own ballpark and the exception to a lot of rules. And as you say DirtRoads, they have their terms clearly posted.

 

I went to the Signatures spring show in Calgary this past weekend, in part to see if it would be worth an exclusivity clause. 250 bored and depressed looking vendors in a venue that houses part of the Calgary Stampede. Shopper turnout was abysmal by several accounts, and the friend I dragged along with me said that if I hadn't told her about the event she never would have known about it.

 

I'll stick with my smaller shows for now. These Signatures turkeys have dug themselves a hole I think, but the next few months will tell.

Diesel;

We can't have people thinking that this is a common thing in Canada, which it is not. Gobble gobble to THEM!

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This is completely ridiculous, I wouldn't think it possible to be enforceable by law,at least not in the US. If this is the only thing you know, and how you make your living, it is insane to think they can tell you how, when and where you can sell your product.

 

The sucky reality is that even if it was not in the contract, they that control they event, do not have to ask you back.

 

They are simply trying to control the herd of crafts people. Those that stray may be punished. It's a Nazi way of handling the herd.

 

In the US some businesses make you sign a contract that restricts you from going elsewhere and doing the same job if you quit. The reality is that many company's don't bother trying to enforce this clause in the contract. If it's the only thing you know how to do, it's hard to stop someone from going to work. It's a tough case for the business to prove that you as an employee caused them harm.

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First : they will try anything , why not? and see if they can get away with it.

Second: Their shows would have to be pretty fabulous in order to ge away with it

 Shelling out $500 to $3000, plus all other costs, the artist would have to bank. And

in terms of the exclusivity clause, again it would have to be worth while to give up the other venues.

So as long as it is profitable, the vendors might follow any agreement, but the whole thing would crumble

if the vendors stopped making money.

Other shows would open to fill the void. It has to be a supply and demand thing. With the kind of prices they are charging

they will loose the people who were marginal, the people who must have all shows to cut it. By doing so , those vendors will now not be at their shows, so making the other shows more interesting. The situation is in flux right now- you will have to see whether or not the show gets more money for their exclusity contract.If they did , it could actually be easier-book shows fifty miles away, and do that one.

One other thought, have a diferent business name for the other shows. Maybe Gassed Ceramics, or Oil  Forged Ceramics, LOL.

Then they really couldnt track you.

Just know business models that dont work , go away.

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>In the US some businesses make you sign a contract that restricts you from going elsewhere and doing the same job if you quit. The reality is that many company's don't bother trying to enforce this clause in the contract. If it's the only thing you know how to do, it's hard to stop someone from going to work. It's a tough case for the business to prove that you as an employee caused them harm.<

 

The businesses that I know of in the U.S. that have these agreements DO enforce them very energetically. But these are large companies and legal partnerships. They will get ya if you try.

 

As to this show ... Sounds like it is not that great anyhow so they think being able to promote exclusivity to buyers might make the difference."available only at our show."

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