AGREEMENT made as of the 20th day of March,2015 between Deborah Bright ( hereinafter referred to as the "Artist , and the Northcutt Steele Gallery, Montana State University Billings (hereinafter referred to as the "Exhibitor").
The AGREEMENT as is follows:
WHEREAS, the Artist is a recognized professional artist who creates artworks for sale and exhibition:and
WHEREAS, the Exhibitor admires and wishes to exhibit the work of the Artist: and
WHEREAS, the parties wish to have the exhibition governed by the mutual obligations, covenants, and condition
NOW THEREFORE, in considerations of the foregoing premises and the mutual covenants hereinafter set forth valuable considerations, the parties hereto agree as follows:
1. Creation and Title, The Artist hereby warrants that the Artist created and possesses unencumbered title of works( to be sent to the gallery six weeks in advance of the opening of the show) and has the rights to loan these works for the purpose of the exhibition " Concepts"
2. Duration of Loan,Manner of Exhibition, and Fee. The Artist hereby agrees to loan the Exhibitor the works listed on the Gallery Schedule beginning August 26,2015 and ending October 31,2015. The Exhibitor agrees to exhibit these works for no less than 20 days as part of the exhibition titled: "Concepts"with operating hours of Monday through Friday, eight am til four pm.
3. Delivery, Condition, and Care. Delivery, including packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of the Works from the Artist to the Gallery and from the Gallery to the Artist shall be the responsibility of the Artist. Similiarly, any unsold Work shall be removed by the Artist, at the expense of the Artist.
4. Loss or Damage and Insurance. Exhibitor shall be responsible for the loss or damage of artwork for the duration of the exhibition. Insurance during transportation is to the exhibitor and back to the Artist shall be the Artist's responsibility.
5.Use of work. The Exhibitor hereby agrees that the loan of the works under this Agreement is solely for purposes of 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. The Exhibitor further agrees that the works shall be kept at the following location: Northcutt Steele Gallery at MSUBillings, and shall not be moved or displayed elsewhere without the express, written consent of the Artist
6.Condition of Work( FRaming, Installation, Cleaning, and Repairs). The Artist shall be responsible for delivering undamaged, ready for display artwork to the Exhibitor by the agreed delivery date. The Exhibitor shall not be responsible for proper installation of work that is not properly framed, wired, mounted, etc. All framed artwork must have a secure wire on the back and all three-dimensional work should have a sound base. In the event special installation is required for the display of any work, the labor and equipment involved shall be outlined in the Schedule of Artworks and paid for by the Artist. Exhibitor agrees that the Artist shall have sole authority to determine when cleaning or repairs are necessary and to perform them him/herself.
7.Prices and Commissions. The Gallery shall receive a commission of 25 percent of the retail price of each Work sold. Artist is responsible for collecting all funds for Works sold and paying commission to Gallery. Gallery shall not collect funds from customer for Work sold. Where discount sales are approved by the Artist, the discount shall be treated as a reduction in the price, and the Gallery’s commission shall be computed on the discounted price.
8.Payments. The Artist shall pay the Gallery commissions due within thirty (30) days of sale.
9.Copyright, Reproduction, and Promotion. The Exhibitor will provide an exhibition postcard. The Artist should provide an acceptable digital image (300 dpi, 5”x7”, jpeg or jpeg with longest dimensions between 2100 and 3500 pixels) for reproduction at least 6 weeks before the opening of the show. The Exhibitor will make every effort to provide color postcards for the Artist. The Artist is also responsible for providing the Exhibitor two (2) copies of an Inventory List of the artworks that will be shown, including title, medium, price (for insurance purposes), and dimensions. 6 weeks before the exhibition opening, the Artist shall also provide the Exhibitor with a short Biography paragraph, Artist Statement, and Resume for exhibition and promotional purposes. If desired, the Artist may provide the Exhibitor with a list of 25 names (already printed on mailing labels) to be included within the mailing of the announcement postcards. The Exhibitor will also provide 25 cards to the Artist prior to the opening that the Artist may choose to mail. The Artist will note that the bulk mailing label located on the postcard that says “postage paid” is a bulk mailing label that is used by the school and will affix postage.
10. Modifications. All modifications of this Agreement must be in writing and signed by both parties. This Agreement constitutes the entire understanding between parties hereto.
11. Warranty. Artist hereby warrants that the Artist possesses sole unencumbered title to the Works, that the Works are original and do not infringe upon the work of any other person, that the Works are free of all liens, and that their descriptions are true and accurate. This warranty will survive termination of this Agreement and the Artist agrees to hold the Gallery harmless against any cost resulting from a breach of this warranty. Furthermore, the Artist warrants to the Gallery that the Artist shall not, during the term of this Agreement, grant any lien or security interest in the Work to any other person or entity or encumber the Work manner, or permit or allow such lien, security interest, or encumbrance to remain against the Work.
12. Right to Refuse works not listed in the schedule. The exhibitor shall retain the right to refuse for inclusion in this exhibition any work that has not been listed in the schedule of artworks.
Artist and Northcutt Steele Gallery, Department of Art agree to the
terms of this contract
____________________________________ _______________________________
NAME
OF ARTIST Date YOUR
NAME Date
Artist Northcutt
Steele Gallery
Exhibition
Loan Agreement
Northcutt Steele
Gallery, Department of Art, Montana
State University Billings
Exhibition
Loan Agreement
Exhibition:
Dates:
Artist Contact information:
Name:
Address:
Telephone: Cell:
Email:
The
artist assumes the responsibility of updating the gallery in a timely manner
regarding any and all changes to contact information.
Artwork(s) List (Will likely be longer than
2 works considering the amount of space available, etc.)
1. Title:
Dimensions:
Medium/Media:
Price: NFS/ Insurance value: $
2. Title:
Dimensions:
Medium/Media:
Price: NFS/ Insurance value:
Lender Contact Information (Lender’s contact
information is necessary if the artwork is part of a gallery/museum or private collection.)
Address _________________________________________Telephone
#_________________________
Email____________________________________________
Credit
(Exact form in which Lender’s name should appear for labels/publicity):
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