Artists will work directly with the Jurisdiction that selected the sculpture regarding the contract and installation. The information below is the basic information included in the contract. Additional information specific to the Jurisdiction may also be included. Contracts must be signed prior to installation, which takes place in mid- to late-May for the upcoming program year.
1. CREATION AND TITLE.
The Artist hereby warrants that the Artist created and possesses unencumbered title to the works of art listed and described on the attached Schedule of Artworks (“the Schedule”) and has the right to loan these works for purposes of exhibition.
2. DURATION OF LOAN, MANNER OF EXHIBITION AND FEE.
The Artist hereby agrees to loan to the Jurisdiction the works listed on the Schedule for the time period commencing on or about May ___, 2020, and concluding on or about May ___, 2021. The Jurisdiction agrees to exhibit these works for no less than 300 days during this time period as part of the exhibition titled: Art Encounters. These works will be exhibited with the works of other artists. Upon installation of the work, the Jurisdiction signing of this Agreement, the Jurisdiction shall pay the Artist a stipend of $800 for the right to exhibit the work. The Jurisdiction shall receive a 15 percent commission if the sculpture is sold while on display.
3. DELIVERY, CONDITION AND CARE.
The Artist shall be responsible for arranging to have the works listed on the Schedule (must be the same sculpture, size, medium, color, dimensions, etc., as submitted on their application) shipped from the Artist’s studio to the Jurisdiction by the following method of transport: _______. Artists must provide the Jurisdiction with information regarding requirements, equipment and tools necessary for installation. All equipment and tools include: _________.
Artist shall deliver piece to the specific site location on a date agreed upon by both parties. All costs of delivery (including transportation and insurance) shall be paid by the Artist.
The Jurisdiction agrees to transmit a written report to the Artist within five working days of the delivery of the work, specifying their condition and whether they appear in any way in need of repair. Further, the Jurisdiction agrees to use the same standard of care for the work as it uses for comparable works in its own collection. The Jurisdiction agrees to return the works in the same condition as received, subject to the provisions of Paragraph 4. The Jurisdiction shall return the work by the date specified in Paragraph 2 for the conclusion of the loan and the Artist shall make arrangements to get the work back to their studio. The Artist shall pay for the costs of delivery (including transportation and insurance) of the work.
4. LOSS OF DAMAGE AND INSURANCE.
The Jurisdiction shall be responsible for loss of or damage to the works from the time that the artist has signed off on the installed artwork through the time that the work is removed from the installation site (therefore, the Jurisdiction is not responsible for any damages incurred to the artwork on the way back to the artist’s home, studio, or other destination). The Jurisdiction shall insure each work for the benefit of the Artist for the full value listed on the Schedule. This insurance shall be pursuant to a policy providing wall-to-wall all-risks coverage maintained in force by the Jurisdiction. The Jurisdiction shall provide a Certificate of Insurance for the work if the Artist so requests.
5. USE OF WORK.
The Jurisdiction hereby agrees that the loan of the works under this Agreement is solely for purposes of exhibition, and promotion of the exhibition, and that no other uses shall be made of the work, such other uses including but not being limited to commercial exploitation, broadcasts, or other reproduction.
6. INSTALLATION, CLEANING, REPAIRS.
The Artist agrees to work in cooperation with the Jurisdiction for proper installation. The Jurisdiction agrees not to remove any work from its frame or other mounting or in any way alter the framing or mounting after the Artist signs off on the installation. In the event framing, mounting, or special installation is required for the display of any work, it shall be described on the Schedule of Artworks and paid for by the Jurisdiction. The Jurisdiction is responsible for maintaining the artwork during the program year.
7. COPYRIGHT AND REPRODUCTION.
The Artist reserves all reproduction rights, including the right to claim statutory copyright, on all works listed on the Schedule. The Jurisdiction may use the works for promotional materials of the exhibition, such as photos for brochures, website use, etc. The Artist must submit two high resolution (300 dpi or higher) photographs of the artwork from different angles for this use. All materials that include the artwork will also list the copyright notice: © (Artist’s Name and Year).
8. COLLECTION OF THE ARTIST.
When displayed, each work shall be accompanied by a label or plaque identifying the work as part of the Art Encounters Program including the Title of the artwork, the Artist’s Name and the year the work was created.
9. TERMINATION OF RIGHT TO EXHIBIT.
The right to exhibit pursuant to this Agreement shall terminate as of the date specified in Paragraph 2. In the event of the failure of the Jurisdiction to exhibit the works or in the event of an exhibition or other act in violation of the terms of this Agreement (with a one-week grace period from the date specified in Paragraph 2), the Artist shall have the right to terminate the right to exhibit under this Agreement by written notice to the Jurisdiction. In the event of termination of the right to exhibit pursuant to this Paragraph 9, the works shall be returned forthwith to the Artist pursuant to the provisions of Paragraph 4.
Neither party hereto shall have the right to assign this Agreement without the prior written consent of the other party. The Artist shall, however, retain the right to assign monies due to him or her under the terms of this Agreement.
11. HEIRS AND ASSIGNS.
This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to the Artist and the Jurisdiction shall include their heirs, successors, assigns, and personal representatives.
This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties.
A waiver of any breach of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
14. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Colorado.