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HomeMy WebLinkAboutBEDFORD GALLERY; 2011-10-20;10/20/2011 THU 10s02 PAX 0001/002 CONTACT; CARWE LBDBRBR, CURATOR „ , , , , T: 925/295*141 5» E l> V 0 R l» f n M « r p p. 925/295-1486 Email: lederer(§Jb6.dfordeallery.org Website: www.bedfordgallery.org EXHIBITION CONTRACT ... . , • Contract Date; November 17,2010 The borrowing institution, thVILLIAM D. CANNON ART GALLERY (hereafter referred to as "Borrower") requests to borrow from Bedford Gallery, and agrees to show the exhibition entitled Full Deck: A Short History of Skate Arno be exhibited at William D. Cannon Art Gallery for an Exhibition Participation Fee of Six Thousand Dollars (US $6,000.00), Said Exhibition shall be on loan for the period October 8, 2012 to December 30, 2012, and will be transported to be received no later than September 24, 2012. Arrival dates, public opening and closing dates of the Exhibition, and departure dates are specified in the addendum, attached to this contract and incorporated herein. ' Venue Contract Terminology - The terminology used in this document includes: "BG" used to designate Bedford Gallery, a program of the City of Walnul Creek, CA; "Exhibition" used to designate the works of art & artifacts; crates & packing material; installation furniture, structures & equipment, educational signage and all other components provided by Bedford Gallery; "Borrower" used to designate the borrowing institution that is responsible for the Exhibition provided by Bedford Gallery; "Contract" referring solely to this agreement labeled Vei^o- Contract, and to such addenda as have been mutually agreed upon, in writing and added to this document, and signed byWh partie \ The Borrower agrees to accept the loan of this Exhibition subject to the specific requirements delineated below: 1. USES, BG exhibitions are for educational purposes. This Exhibition cannot be presented solely for commercial purposes, except as may be directly associated with its educational function. Entrance fees may be charged or supporting materials may be sold, as relates to the educational function of the Exhibition and contingent upon copyright obligations. Partisan political use may not be made of any BO exhibition. Borrowing the Exhibition does not constitute an endorsement of the Borrower or its facilities by BG or by the owners/lenders of the works in the Exhibition, nor does it constitute an endorsement by BG of the Borrower's policies or sponsors. Access to all BG exhibitions shall not be denied to anyone on the basis of race, color, creed, national origin, physical disability, sex, gender preference or age, No component may be omitted from the Exhibition without prior written permission from BG. BG must be informed exactly where the Exhibition (and each of its components) is at all times. Prior written permission must be given by BG to show the Exhibition at more than one location. 2. BOOKINGS & RESERVATIONS. Proposal dates for booking should be made directly with BG. BG will not accept preliminary reservations for an exhibition without a mutually agreed upon signed document and deposit Following preliminary discussion about available dates, BG will send two copies of this Contract to the Borrower. The Borrower then returns the two identical signed and completed copies of this Contract with a deposit check to BG. BG will then return a single counter-signed copy of the Contract to the Borrower. Once this transaction has been completed, BG considers the Exhibition booked and reserved for the Borrower for period designated in the Contract. This Contract must be returned with a deposit by the due date listed below in order to secure the Borrower's preferred dates. Once the due date has past, and the Contract and deposit have not been returned, BG will actively solicit alternative venues to nil those dates, unless otherwise agreed to in writing. 3. DEPOSIT & EXHIBITION PARTICIPATION FEE. The Exhibition Participation Fee is to be made in Two (2) payments, in the following amounts and due to be received by the following dates: this signed Contract and a $3,000.00 payment will be submitted by December 17, 2010, followed by a final payment of $3,000,00 to be received by June 17, 2011. The Exhibition Participation Pee is equivalent to a rental or loan fee for the use of the Exhibition for a specific period of time. Unless specifically designated to the contrary, the first payment (which is the initial deposit) must accompany the signed copies of the completed Contract when submitted to BG to secure the booking and dates in this contract. All subsequent payments are du& to be received on or before the specified dates designated, and the Borrower will be invoiced accordingly, 30 days in advance of each due date. All Exhibition Participation Pees are in US dollars. If an invoice or purchase order reference number is required, the request for same or the purchase order must be attached to the signed returned Contract. Late charges are assessed at 1% per 30 days beginning 5 days after payment is due. Page 1 of 4 Bedford Gallery, City of Walnut Creek 1601 Civic Dr., Walnut Creek, CA 94596 10/20/2011 THUlOiOS FAX 0002/002 CONTACT: CARRIE LBDBRSR, CURATOR F; 925/295-1486 Email: lederertg>bedfofd pallejy.org Website: www.bedfordgallery.org Arrangements for variations in payment schedule may be requested and must be agreed upon and signed by both parties, as an addendum to this Contract. 4. EXHIBITION CONTENTS. 4. EXHIBITION CONTENTS. The Exhibition includes 331 objects as listed in the attached FULL DECK Traveling Exhibition Checklist (Addendum B). The Borrower understands that there may be circumstances beyond BG's control in which withdrawal of certain works may be necessary. Works not displayed must be stored under appropriate secure conditions. . . 5, INSURANCE & PROTECTION. The Borrower is responsible for the well-being of the Exhibition in its storage and on its site and is responsible and liable for. any damage, destruction, theft, or other harm that may be suffered by. the Exhibition or any part of the Exhibition while the Exhibition is in Borrower's storage or on its site. The Borrower must provide complete insurance coverage in the amount of $1,000,000.00 while tlje Exhibition, is in the Borrower's possession. Borrower is also responsible to fully insure the Exhibition when the Exhibition is being shipped to and/or from the Borrower's facilities, at such times as when the Borrower is in charge of the full or partial cost of a specific segment or segments of shipping. The Borrower agrees to notify BG immediately of any (heft, damage, alteration, or loss occurring while Ihe Exhibition is in the Borrower's possession or charge. The Borrower assumes responsibility for any and all liabilities, which may arise because of the Borrower's failure to give such notice. The Bonrower agrees to provide: all fire precautions as required by law or local ordinances, safe handling, unpacking and repackaging of the Exhibition under professional supervision; strict protection against theft, vandalism, and all required security measures and environmental conditions as stipulated below. Unless specifically approved by BC in writing, the Exhibition cannot be exhibited in open- air or temporary structures. Under no circumstances may the Borrower remove any of the Art or Artifacts of the Exhibition from the designated exhibition space (indicated on Page One of this Contract) without prior written authorization from BG, unless to prevent imminent damage to tha objects due to an emergency situation (e.g. flood or fire.) In such case the •Borrower will act to move the objects to a safe Ideation and then immediately call BO. A certificate of insurance must be provided to BG filter a final checklist is established no later than December 17, 2010. 6. SECURITY & ENVIRONMENTAL REQUIREMENTS. The security for the Exhibition is to be handled and protected by the Borrower as requiring Moderate-High Level of Security At all times, «$ defined below. In addition to the conditions specified in Section 5 (above), the Borrower agrees to provide the Security for the Exhibition at all times at the Level of Security indicated above and underlined. A current facility report must be returned with signed contract Said Level of Security is to be interpreted as being within normal museum standards and practices, except as specified by the terms defined as follows; Moderate-High Security; 1) a limited access museum gallery space, 2) continuous surveillance by staff in each room or area of the exhibition during public hours, 3) electronic alarm system at all other times, 4) installation designed to protect each exhibition component from physical contact, 5) locked end secured exhibition cases, as determined by the artist, 6) constant temperature of 68-72 degrees Fahrenheit, 7) constant relative humidity of 45-50%, 8) No food or drink permitted in the exhibition space, 9) Photography is not permitted in the exhibition space unless supervised by museum staff. 7, CANCELLATIONS, a. Cancellation by Borrower, by Action or Default. The Borrower must notify BG in writing of any need to cancel this Contract. The Exhibition Participation Fee represents all direct and indirect expenses for the production and maintenance of the Exhibition, therefore the Borrower is required to pay to BG the full Exhibition Participation Fee. However in the event that an alternate venue is secured for the specific scheduled time originally secured by the Borrower, the Borrower will be required to forgo any payments made by the date of the cancellation at minimum, plus any additional expenses such as materials, outside services, and BG time related to the cancellation, plus any amounts required for BO to collect the originally contracted full Exhibition Participation Fee, if the full amount is not covered by the alternate venue. If the Borrower fails to meet the terms of this Contract, BG reserves the right to cancel the booking, and consider the Contract cancelled by the Borrower by default and the same aforementioned cosls and penalties will apply, b. Cancellation by BG. In the unlikely event that BG must cancel the Exhibition for any other reason BO will refund the full Exhibition Participation Fee to the Borrower, but will not be responsible for any damages or other costs of the Borrower arising from such a cancellation. Page 2 of 4 Bedford Gallery, City of Walnut Creek 1601 Civic Dr., Walnut Creek, CA 94596 10/20/2011 THU 10:05 PAX 0001/001 D B D F 0 R 1) g * 1 I * t jr p CONTACT: CARME LEDERER, CURATOR Ernail: lederer@bedfordgallerv.org Website: www.bedfordgallery.org 8. RECEIPT, HANDLING & CONDITION REPORT, a. Receipt of Exhibition. The Borrower must accept delivery of the Exhibition upon arrival, and all objects and crates must be placed in a secured climate controlled area prior to unpacking, b. Handling. The Borrower must provide an adequate number of trained personnel to safely handle the exhibition, All handling of art objects must be done according to accepted museum standards, c, Condition Report. A Condition Report Book accompanies the exhibition. It is the Borrower's responsibility to follow installation instructions precisely and completely as they are critical to protecting and maintaining the contents of the exhibition. No substitutions in installation methods and materials may be made without the consent of BO. The Borrower shall make an immediate report upon arrival and unpacking of the exhibition and upon de-installation and repacking of the exhibition in the Condition Report Book, noting changes of condition to BG within 48 hours of unpacking and repacking. Packing materials must be stored in museum quality storage facility and retained for repacking in the manner in which they were received. The Borrower must contact BG immediately if any damage ia noted. Under no circumstances may any alteration or repair to the materials or objects of the Exhibition be undertaken without prior explicit written permission from BG. 9. SHIPPING COSTS. The Borrower shall be responsible for arrangements and costs related to packing, transportation or Standard shipping from the previous venue to Borrower's venue including arrival date. The cost of shipping this Exhibition is covered in the following manner: "Standard" shipping indicates that the Borrower directly pays all costs related to shipping to tho Borrower's location. Shipping costs may include one or more of the following: ground transportation, air freight, freight-forwarding, customs, and courier costs. BO assumes no responsibility for disputes between the Borrower and shipper. Non-compliance with BO shipping instructions will result in the Borrower bearing financial responsibility for all costs incurred in the timely delivery of the Exhibition to the next venue. 10. ADVANCE MATERIALS. BG will provide the Borrower with sample publicity and educational materials prior to the Exhibition booking period. Included are a CD of high resolution .jpg images, a label database, sample labels, introductory wall text, and an exhibition guide in .doc and .pdf formats. The Borrower may purchase vinyl graphics including title wail, borrower names and skateboard graphics at an additional charge. 11. CREDITS & SIGNAGE. All designs for, or changes to, any publications and text are subject to the written and advance approval of BG, such approval not to be unreasonably withheld or delayed. The Borrower must give printed credit to BG and to any lenders or sponsors designated by BG, in a mutually agreed upon manner, in all acknowledgments, printed materials, publicity, press releases, invitations, website and catalogues related to the Exhibition and produced by or on behalf of the Borrower. The Borrower will make every effort to provide a reciprocal link from their website to BG's website while the exhibition is listed on the Borrowers webpage. Any images used in publications must be properly credited, in a mutually agreed upon manner. Copyright for all works shall be properly acknowledged in all instances. Any materials produced by, for and in conjunction with (including but not limited to, all press, promotional and educational material) the Borrower shall clearly and prominently note the Bedford Gallery logo (to be provided as a digital file) and the following text; Full Deck: A Short History of Skate Art was organized by Bedford Oallery, Lesher Center for the Arts, Walnut Creek, CA. The Borrower agrees to provide BO with one (1) copy of all press clippings and public announcements and installation photographs for the exhibition. Any publications, text, press, promotion, or educational material produced by BG in which The Borrower is referenced must be approved in advance by BG. 12. DISPUTES, a. It is the intention of both BO and the Borrower to uphold the agreement made in this Contract, however, should a dispute arise in the course of this Exhibition solely between the parties, both parties agree to negotiate in good faith to settle any claims, disputes, or controversies arising out of or relating to this contract for a period not to exceed sixty (60) days from the receipt of written notification by either party, b, Should such negotiations fail to result in a resolution agreeable to both parties, the parties will submit the dispute to mediation, to be initiated within thirty (30) days, before a single mediator, c. Should such mediation not produce a resolution agreeable to both parties, the dispute shall be submitted to appropriate court's jurisdiction within the State of California. Page 3 of 4 Bedfprd Gallery, City of Walnut Creek 1601 Civic Dr., Walnut Creek, CA 94596 10/20/2011 THU 10! 06 PAX 0001/001 II E D K 0 R 0 K 1 I CONTACT; CARRIE LEDERER, CURATOR 1:925/295-1415 F: 925/295-148$ Email: lcd.eref@bedfordgallerv.org Website: www.bedfordgallery.org 13. INDEMNIFICATION. The Borrower shall indemnity and hold harmless the City of Walnut Creek, its officials, employees, agents, and volunteers, the Bedford Gallery, and the artiste for any end all claims for liability and/or damages, including claims for personal injury or property damage, that arise out of the Borrower's performance of this Agreement, or out of the operations conducted by Borrower, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City, 14. FORCE MAJEURE. To the extent that circumstances beyond the reasonable control of a party, including weather or other acts of God, war, terrorism or threats of terrorism, governmental actions, labor strife, conduct by third parties, or curtailment of transportation facilities, prevent, delay, or make commercially impractical performance by that party, in whole or in part, then such performance shall be excused. 15. MODIFICATION. This document shall not be modified in any way without the prior written consent of both parties. IMPORTANT: This Contract, when signed below by both parties, constitutes n binding Agreement between (he Borrower and BG. / affirm that I havefoN authority to sign on behalf of the Borrower, that the terms of this Contract are understood, and that alt terms and conditions will be met Name & Title Cwibwti Arts 'ery, City of Wafnut Creek; lory Curator of ExHttJitibns and P?t>f»ams Date AffftOVtDASTOFOftM~ */'/"Date1 Shipping and Billing Information: Melanic Chang, Assistant to the Curator Bedford Gallery 160) Civic Drive, Walnut Creek, CA 94596 925-295-1423 meJiang@bedfordeallerv.org Sorrowing Institution Contact Information Karen McGuire, Curator of Exhibitions William D, Cannon Art Gallery 1775 Dove Lane Carlsbad, CA 92011 760-602-202) karen.mceuirflfSicarlsbadca. go v Page 4 of4 Bedford Gallery, City of W»lout Creek 1601 Civic Dr., Walnut Creek, CA 94596