†ARTS COUNCIL OF PENDLETON
BETWEEN: Arts Council of Pendleton (ACP), a 501(c)3 nonprofit organization. Address: 214 North Main, Pendleton, OR 97801 (541) 278-9201
AND: ____________________________________________ (Exhibitor)
Home Phone: ___________________________† Work Phone: ________________________
DATES OF EXHIBITION: ________________ TO _________________
DATE/TIME OF RECEPTION: __________________________________________
LOCATION: Pendleton Center for the Arts _______________________________________________
DELIVERY DATE: __________________________† REMOVAL DATE: ________________________
INSURANCE against theft or damage of artwork will be carried by ACP unless otherwise noted below:
Carried by Exhibitor______ Waived by Exhibitor_______
Note: ACP will not insure artworks for which it cannot reasonably provide safekeeping at exhibit site. Specific
exclusions from ACP will include the following: _________________________________________________
CONDITIONS GOVERNING THIS AGREEMENT:
1. Care and Preservation
1.1 Within the capabilities of its current resources, the Arts Council of Pendleton (hereafter referred to as ACP) will exercise the highest degree of care by giving item(s), described on the Artworks Inventory page(s) of this agreement, the same care it gives to comparable property of its own. Artist, or Exhibitor, (hereafter referred to as Exhibitor_ acknowledges that ACP is not responsible for damage resulting from the handling by the Exhibitor or persons recruited by the Exhibitor to assist in moving, installing, or taking down exhibit items. Exhibitor also acknowledges that all tangible objects are inherently subject to gradual deterioration for which ACP is not responsible. Exhibitor accepts the care and preservation described in this agreement as the highest degree of care and preservation for which ACP is responsible.
1.2 Exhibitor certifies that the loaned item(s) are exhibit-ready and capable of withstanding ordinary strains of handling and exhibiting. The Exhibitor acknowledges that ACP is not responsible for damage resulting from any items not being exhibit-ready or capable of withstanding ordinary strains of handling and exhibiting. The Exhibitor shall provide ACP with instructions regarding any special requirements for handling and exhibiting artwork.
1.3 A condition report on each item shall be given by the Exhibitor at the time of delivery to ACP, together with documentation needed for identification. Exhibitor, or a person designated by the Exhibitor, shall be present at time of delivery to acknowledge receipt by ACP and the ACPís designated staff will have the opportunity to inspect the exhibit item(s) and verify the condition report.
1.4 Unless other arrangements between Exhibitor and ACP have been agreed in writing, loaned item(s) will remain in the possession of ACP no longer than the period indicated on page one of this agreement. However, designated ACP staff may withdraw any item from exhibit at any time for reasons of public safety or the safekeeping of the item or at such time as ACPís ability to serve its patrons may be impeded by the exhibit. Every reasonable effort will be made by ACP to contact Exhibitor prior to removing any loaned item.
2. Delivery and Pickup
2.1 Exhibitor shall be responsible for delivery and pick up of leaned item(s) as per the dates and times indicated on page one of this agreement. All related costs are the responsibility of Exhibitor.
2.2 If loaned items are not picked up at the appointed time, ACP reserves the right to remove same and to bill Exhibitor for related expenses.
3. Limits to Security and Supervision
Exhibitor acknowledges that, because ACP exhibits occur in a multi-purpose facility and because there may be no direct supervision of exhibits, items placed on exhibit must be sufficiently durable and must be compatible with the uses of the facility. It will be the responsibility of the Exhibitor to provide means of securing items that may be easily damaged or stolen.
4.1 Where ACP agrees to insure loaned item(s), coverage will be in accordance with the ACP insurance coverage provisions and any exclusions stated in that policy, as well as any exclusions which may be indicated on page one of this agreement. ACP does not represent that the value indicated by Exhibitor will be equal to any recovery from insurance. The amount payable by ACPís insurance is the sole recovery available in the event of loss or damage. It shall be the Exhibitorís responsibility to examine exhibited item(s) at the time of removal and to report any damages to designated staff prior to removal.
4.2 If Exhibitor elects to provide private insurance coverage, Exhibitor shall provide ACP with an endorsement naming ACP as an additional insured or waiving rights of subrogation. Failure to provide such endorsement shall constitute a waiver of insurance.
4.3 If Exhibitor waives insurance, this waiver shall constitute the agreement of the Exhibitor to release and hold harmless ACP from any liability for damage to or loss of the loaned item(s).
5. Reproduction and Credit
Unless otherwise notified by Exhibitor in writing, it is understood that exhibited item(s) may be photographed by media and general public. It is also understood that ACP may photograph or graphically reproduce exhibited item(s) for purposes of documentation and publicity.
6. Sales and Payment
6.1 Unless specifically noted in writing, it is understood that artwork loaned for exhibit is for sale.
6.2 In the case of works for sale, prices listed by the Exhibitor may not be changed after this agreement has been signed.
6.3 Proceeds from sale of artwork, less 30% commission, will be paid to the Exhibitor of the artwork no later than 30 days after the close of the exhibit.
Exhibitorís signature indicates that the artist has read and agreed to all terms and conditions of this agreement.
Signature of Exhibitor: _________________________________________† Date: _________________
For ACP: ____________________________________________________ Date: _________________
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