This is a copy of the contract you will be asked to fill out at the gallery upon delivering your artwork. You can also print and fill out in advance.
This Exhibition Loan Agreement (“Agreement”) is made as on __________ (month/day), 20_____, between Front Porch Gallery (FPG), located at 2900 Carlsbad Blvd, Carlsbad, CA 92008, and _______________________ (“Artist”).
Whereas the Artist has created and owns the artwork(s) (the “Artwork”) listed in the Artwork List and agrees to exhibit the same; and whereas the FPG agrees to exhibit the Artwork in the Exhibition detailed in Section I below; the parties agree as follows:
I GENERAL INFORMATION – EXHIBITION
Exhibition Title: ________________________________________________________ Exhibition Dates: _______________________________________________________ Opening Reception: ____________________________________________________ Gallery Hours: Wednesday – Friday 10am - 5pm, and select Saturday or by appointment Exhibition Representative and Contact:
Cathy Carey Program Director
Office: 760-299-1360 Email: ccarey@frontporch.org
II ARTIST
Name: __________________________________________ Phone: ________________ Address: _______________________________________________________________ Email: _________________________________________________________________
III ARTWORK LIST AND DOCUMENTATION
Prior to the Exhibition, the Artist agrees to complete the Artwork List, attached hereto and made a part of this Agreement, for each artwork the Artist provides for the Exhibition. The Artist shall provide all applicable cataloging information for each artwork, including: title, media, date, edition size, height x width x depth of artwork noted in inches (if photography, note both the image size and sheet size, and framed size if framed), retail price (including frame if framed), and digital photographs of all artwork contributed to the Exhibition.
IV ARTWORK SELECTION
FPG’s curatorial team may accept or reject artworks at its discretion.
V SHIPPING
A. Delivery of Artwork: Artwork will be delivered or shipped to the Exhibition as follows: Receiving address Front Porch Gallery 2900 Carlsbad Blvd, Carlsbad, CA 92008 via ___________________________ (shipping agent) to arrive by __________ (date) before the Exhibition.
It is the responsibility of the Artist to ensure that the artwork is delivered to FPG by the date specified in Part A above. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of artworks from the Artist to the FPG, are the responsibility of the Artist.
B. Shipping and Packing Materials: Shipping crates, containers, boxes, and packing materials are the responsibility of the Artist. The shipping materials should be designed so that they can be reused for return shipping. FPG is responsible for storing the original shipping materials for repacking the Artwork. If the Artist or FPG has special packing and shipping requirements, such requirements should be communicated in advance to the other party.
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C. Return of Artwork: Artwork shall be returned to the Artist in the same manner as it was delivered to FPG as soon as is reasonably possible following the end of the Exhibition. It is the responsibility of FPG to return the Artwork to the Artist in good condition. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the return of artworks from the FPG to the Artist, are the responsibility of the FPG.
If the Artwork was personally delivered to FPG by Artist or a representative of the Artist, it is the responsibility of the Artist or the Artist’s representative to collect the Artwork at the conclusion of the Exhibition. FPG will facilitate the return of the Artwork to the Artist during gallery open hours. If the Artwork is not picked up within sixty (60) days after the conclusion of the exhibition, FPG may, at the Artist’s expense (1) deliver the work to an agreed third party to be stored and insured; (2) continue to retain the property for its own purposes; (3) otherwise store the Artwork in any manner FPG may elect; or (4) dispose of the Artwork as FPG sees fit. FPG reserves the right to bill the Artist or exhibition curator a daily storage fee at normal facility storage rates. It shall become the responsibility of the Artist or the Artist’s designee to request the return of the Artwork and pay any outstanding fees prior to its return.
If the Artwork was delivered to FPG by mail, Artwork will be repacked in the original packing materials and shipped to the Artist address specified above. If the Artist wants the Artwork to be shipped to any other location, then the Artist must provide the alternate address in writing to the FPG before the closing date of the Exhibition and obtain the written confirmation that FPG staff has modified the return shipment address in their records.
Upon return or delivery of the Artwork to the Artist, the Artist shall sign the Loan Return section at the bottom of the Artwork List and return it to FPG within thirty (30) days either by mail or email; otherwise FPG will consider that the condition of the Artwork is acceptable to the Artist and that the Artist has no claims for loss or damage.
D. Artwork Sales: If the artwork is for sale and sold during the term of this Agreement, Artist or Buyer will be responsible for all storage, customs, packing, and/or shipping charges incurred in connection with or caused by the sale, including all outgoing shipping costs, regardless of destination. FPG will facilitate the collection of the sold artwork by the Buyer from the gallery at 2900 Carlsbad Blvd, Carlsbad, CA 92008 during regular operation hours. If the Buyer is not able to collect the artwork, Artist is responsible for ensuring that the Artwork reaches the Buyer.
E. Undeliverable Shipments: If shipment of the Artwork to the Artist’s address fails to be delivered despite all reasonable efforts by FPG, and no alternate address or instructions are provided by the Artist, then FPG will place the Artwork in storage at the Artist’s risk and expense. It is then the responsibility of the Artist to collect the Artwork from FPG. Furthermore, FPG reserves the right to bill the Artist or exhibition curator a daily storage fee at normal facility storage rates.
VI CONDITION ASSESSMENT
The Condition Assessment section of the attached Artwork List is to be filled out by the Artist and accompany the Artwork before the Artwork is delivered from the Artist to FPG. FPG agrees to make an entry on the Condition Assessment section for each Artwork upon arrival to and at the close of the Exhibition before the artwork is returned.
If, at any time, the condition of the Artwork differs from the condition reported by the Artist on the Condition Report, FPG will document the current condition of the Artwork and will notify the Artist of the change in condition immediately.
VII LIABILITY AND INSURANCE; REPORTING OF LOSS OR DAMAGE
The Artist certifies that the Artwork is in such condition as to withstand the ordinary stress and strains of packing, transportation, installation and display. The Artist shall be responsible for all repairs to Artwork necessitated by Artist’s faulty workmanship. FPG shall not be liable for damages caused by or that resulted from the Artist shipping and delivering the Artwork to FPG.
FPG will insure the Artwork during the period in which the Artwork is in its voluntary possession up to the maximum of $10,000, subject to verification of value of the artwork through past sales. Artists must indicate the insurance value of the Artwork in the attached Artwork List. If no value is specified by the Artist, FPG will insure the artwork at FPG’s estimated valuation (maximum: $10,000), and, in such event, the Artist s to accept such valuation. Once insurance value is assigned, the artwork will be insured at the agreed value for the duration of the loan. If an artwork that has been industrially fabricated is damaged, FPG’s liability shall be limited to the cost of repair or replacement necessary to restore it to the condition in which it was received.
In case of loss or damage, the Artist will provide proof of previous sales of similar artworks to document the value placed on the Artwork in the Exhibition. Any loss or damage that occurs on the Exhibition premises will be reported within one week of the occurrence to the Artist. A written description of the loss or damage, with photographs and a statement of how it occurred must be sent by FPG to the Artist by mail or email.
No alteration, repair or restoration of the Artwork may be undertaken without written authorization from the Artist.
VIII PHOTOGRAPHY
FPG, participating organizations and curators may photograph, digitize, film, and broadcast the Artwork in the Exhibition for publicity, documentary, educational and archival purposes or to report damage or other such findings to the Artist. Visitors will be allowed to photograph the Artwork while on display at the Exhibition.
IX PROMOTION
A. Press and Marketing. FPG will, in the normal course of business, make reasonable and good faith efforts to promote exhibitions and artworks to buyers, but no specific marketing or promotional activities are promised as part of this Agreement, regardless of whether artworks are consigned for exhibition or general inventory.
At its own discretion, FPG may promote artworks in any number of ways including, but not limited to: website promotion, social media marketing, email campaigns, press releases, postcards, price lists, opening reception, providing customer interface. However, no guarantees or promises are made as to these efforts or results.
• Artist will provide a digital copy of the following materials:
• Artist Biography
• Artist Statement
• Description of the Artwork in the attached Artwork List
• Images of at least one artwork planned for the Exhibition. All images must be digital in JPG format and at 300dpi.
B. Gallery Events. FPG will host an opening reception event and, if applicable, a series of public programs to take place in conjunction with the exhibition that serve to provide opportunities for visitors to engage with the exhibition and promote the awareness of FPG’s work. The Artist is strongly encouraged to support FPG’s efforts and facilitating at least one of the following programs: workshop, demonstration, in-gallery lecture, speaker panel, community discussion, guided gallery tour, performance, presentation, film screening, or any other applicable program that creates an opportunity to engagement for FPG’s community. The Artist’s participation is to be determined on a case-by-case basis and to be agreed upon by both the Artist and FPG staff.
X INSTALLATION
It is the responsibility of the Artist to ensure that the artwork is delivered to FPG by the date specified in Section V, Part A above. All wall-mounted artwork, paintings and prints must be framed, wired and matted. Objects, sculpture and jewelry must be ready for installation. PLEASE NOTE: Two-dimensional work must be wired with sufficient gauge to support the weight of the work and be ready to hang. If your work requires atypical hanging, please contact the Gallery prior to delivery dates for clearance. Special hanging, display and/or lighting requirements will be at the discretion of the Front Porch Gallery (FPG) staff. No saw-tooth hangers.
FPG shall use reasonable efforts to present the Artwork in an appropriate and professional manner. FPG will provide light, power and installation infrastructure such as wall paint and simple hardware when possible. It is the responsibility of the Artist to provide specific display materials, including but not limited to tools, hardware and electronics. FPG has a limited supply of power chords and video (TV) monitors available upon request. Any special mounts or installation instructions, directions or illustrations should be put in writing and sent in advance to the Exhibition Representative.
It is a responsibility of FPG to install and uninstall all artworks during the predetermined times defined by the Exhibition Representative, but the Artist shall be notified of such times and is invited to be present to advise. The Artist may choose to install and uninstall the Artwork through a contractor of their choice at the Artist’s expense.
FPG will ensure the exhibition wall space is prepped and ready to hang the Artwork. Artist is not responsible for patching/painting walls after vacating the space.
The Artists cannot substitute or withdraw the Artwork from the Exhibition through the duration of the Exhibition without the approval of both parties.
XI SALE OF ARTWORK
A price list will be available during the Exhibition. FPG will sell the Artworks at the retail price specified in the attached Artwork List. Unless otherwise agreed upon and amended in writing, FPG and the Artist agree that the Artist will receive sixty (60) percent of the sale price and FPG will receive forty (40) percent. FPG will register the sale and agrees to pay the Artist within thirty (30) days of exhibit close. The Artist must provide a completed and signed W-9 Form for FPG to process the payment.
The Artwork purchased at the Exhibition is to remain on the walls until the end of the Exhibition.
XII COPYRIGHT
Artist grants to FPG: (a) the right to display the Artwork in the Exhibition; and (b) the irrevocable right to create and use images of the Artwork in materials about or relating to the exhibition of the Artwork, in all media now known or later developed and including the Internet, provided that such use shall not be for commercial purposes. This grant shall survive the termination of this Agreement. In every such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork.
FPG shall take reasonable steps to respect the Artist’s copyright for the Artwork, but under no circumstances shall FPG be liable for copyright infringement by third parties against the Artist in connection with the Artwork.
XIII TERM OF CONTRACT
The term of this contract is effective from the date signed and will expire thirty (30) days after the return delivery of the Artwork to the Artist. However, any claims against FPG for restoration or repairs shall survive until resolved and any claims against the Artist shall survive until settled.
XIV DISPUTE RESOLUTION
In the event a dispute arises between the parties over the interpretation and application of this Agreement, the parties shall attempt to settle such a dispute first by good faith negotiation and consultation between themselves. If a mutual agreement cannot be reached, all disputes arising under this Agreement shall be submitted to binding arbitration in San Francisco in accordance with the rules and procedures of JAMS Inc., a private mediation and arbitration facilitator. The parties further agree that the arbitration will be subject to the Federal Arbitration Act. Each party shall bear its own costs and fees in connection with the arbitration; however, the parties shall share the arbitrator's fee equally. This arbitration clause binds all parties to this Agreement and their heirs, representatives, officers, directors, executors, administrators, successors, and assigns, as applicable. After termination of this Agreement, this arbitration clause shall remain in effect for the resolution of all claims and disputes that are unresolved as of that date.
XV MISCELLANEOUS
A. Controlling Law: This Agreement shall be governed by the law of the State of California.
B. Entire Agreement, Modification and Amendment: This Agreement, including all attachments which are incorporated herein by reference, contains the complete understanding of the parties and supersedes all prior oral or written representations and statements between the parties. This Agreement may not be modified, amended or terminated except by mutual written agreement.
C. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument, binding on all parties to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date below.
FRONT PORCH GALLERY
______________________________ (Signature)
______________________________ (Name)
______________________________ (Date)
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