HomeMy WebLinkAboutSmith Kramer Inc; 2008-10-10;PORTRAITS FROM THE GOLDEN AGE OF JAZZ
Photographs by William P. Gottlieb (1917-2006)
EXHIBITION CONTRACT/AGREEMENT PLEASE READ THOROUGHLY
This agreement made this Octnher 10, 2008 by and between Smith Kramer, Inc.. a Missouri corporation (hereinafter "Smith
Kramer"), and the City of Carlsbad Arts Office, William D. Cannon Art Gallery, Carlsbad, California (hereinafter
"Sponsor").
WTTNF.SSP.TR- That whereas Smith Kramer wishes to make available to Sponsor a visual arts project by cooperative activity
for sharing resources with Delia Gottlieb (hereinafter "Lender"), and whereas Sponsor wishes to share such project with its
community by sharing costs, it is hereby agreed:
1. F.-vhihition Calendar: Sponsor agrees to exhibit Portraits from the. Golden Age of .Tasg (hereinafter referred to as
"Exhibition") coordinated and available through Smith Kramer for the period of July 11-August 29,2010
and to accept and exhibit the Exhibition under the conditions stated herein. Smith Kramer shall provide, upon request of
the Sponsor, evidence satisfactory to Sponsor and its counsel that Smith Kramer is authorized by Lender to contract in
regard to the Exhibition.
2. Exhibition CnstT Exhibition Contract Payment!
(a) Sponsor shall pay to Smith Kramer as the Exhibition Contract Payment the total sum of $3,500.00 which is
composed of the rental fee cost in the amount of $2,000.00 which includes, wall-to-wall fine arts insurance,
publicity materials, and the estimated prorated transportation charges of $1,500.00
(b) Exhibition Contract Payment is payable to Smith Kramer as follows: An advance deposit of 50% or
$1,750.00 and the signed exhibition contract is due within 30 days of the date noted at the top of the
Exhibition Contract The remaining 50% or $1/750.00 of the Exhibition Contract Payment is payable and due
to Smith Kramer five days prior to the opening date of the Exhibition.
(c) If for any reason Smith Kramer does not receive from the Lender, works sufficient, in its opinion, to properly
mount the Exhibition, Smith Kramer shall have the right to terminate this agreement. Smith Kramer agrees that
the Sponsor shall be entitled to the full refund of any amount paid in regard to the Exhibition and shall not be
entitled to any other funds or damages due to the termination of the contract.
3. Supportive and Promotional Materials:
(a) Smith Kramer agrees to provide Sponsor with general promotional materials for the Exhibition which material
shall be selected and provided by Smith Kramer and at their discretion.
(b) Other supportive materials are: one copy of The Golden Age nf Jarr tn he se.nt to Sponsor by Delia Gottlieb
(c) Sponsor agrees to clearly acknowledge support for the Exhibition in all publications, broadcasts, and publicity
as follows: "This exhibition is on loan from the Edward J. Gottlieb Collection."
SMITH KRAMER INC.
1622 WESTPORT ROAD, KANSAS CITY, MISSOURI 6411
(816) 756-3777 (800) 222-7522
Exhibition Contract
Page 2 of 3
4. Tnsiirancer Security Precautions:
(a) Smith Kramer agrees to provide insurance coverage through AXA Art Insurance Corporation on the entire
contents of the Exhibition for its duration including transit, unpacking, installation, display, storage,
dismantling and repacking. Smith Kramer shall provide Sponsor a bona fide certificate of insurance coverage
through AXA Art Insurance Corporation. Sponsor shall keep the contents of the insurance certificate, and the
facts included therein, confidential and shall not reveal them to anyone who is not bound by a similar
confidentiality agreement.
(b) Sponsor agrees to provide adequate security for the Exhibition at its own cost, which shall include at least the
following:
1. A limited access gallery type area. An open mallr hallway, or lounge area is not acceptable
2. A minimum of one gallery attendant whose duty is to observe the exhibit area must be present during
all viewing hours of the Exhibition.
3. The Exhibit area must be locked and secured during all closed hours during the Exhibition. A
minimum of one qualified security guard or a fully certified and operative burglar alarm system of
high professional standards is required during all closed hours.
4. Heating and air conditioning must be set to maintain a temperature of 65-70 degrees Fahrenheit.
Humidity levels are preferred to be set at 50-55%. No direct sunlight may strike any part of the
Exhibition; no fluorescent light without filters.
5. Institutions must be equipped with certified fire protection in accordance with local ordinances.
5. Shipping,. HanHlingr Condition Repnrtsr Damages
(a) Smith Kramer agrees to arrange for transportation of the Exhibition to and from the Sponsor.
(b) Smith Kramer will select a carrier who shall load and unload the Exhibition at the time of delivery and pickup
to within 20 feet of the loading dock. Unless otherwise agreed upon in writing by Smith Kramer and Sponsor,
Sponsor shall be responsible for unpacking, installation and storage. Smith Kramer agrees to provide notice of
the approximate arrival date to Sponsor a minimum of 15 days prior to arrival of the Exhibition.
(c) Sponsor must provide experienced art handlers for unpacking, installing and repacking the Exhibition.
(d) Sponsor shall examine each photograph at the time of unpacking the Exhibition and shall reexamine each
photograph prior to repacking the Exhibition. Failure to do so may result in a claim against said Sponsor.
(e) Sponsor shall report any and all damages or losses to the Exhibition while in Sponsor's custody immediately by
telephone to Smith Kramer. Within 24 hours of discovery of damage or loss, Sponsor shall send a full written
statement to Smith Kramer detailing the extent, time, place and circumstances of the damages or loss
describing the affected Exhibition contents. All damaged materials shall be left as discovered unless Sponsor is
instructed by Smith Kramer to proceed otherwise or unless emergency measures are necessary to prevent
further damage. Smith Kramer shall respond with handling instructions for damaged materials within 24 hours
following telephone notification from Sponsor of such damage.
Exhibition Contract
Page 3 of 3
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6.
Sponsor shall have the Exhibition packed within 72 hours after the last date of the Exhibition and ready for
pickup. Smith Kramer will provide Sponsor with information regarding transfer to the next location.
Responsibility, Liability: Sponsor is liable for the first $500.00 in damages per occurrence on their premises if such
damages or losses are the result of:
1. Sponsor's noncompliance with stipulated security precautions as outlined on paragraph 4 hereof or;
2. The negligence of personnel selected by Sponsor to assist in unpacking, installing or repacking the
Exhibition; or
3. Sponsor's negligence in any respect to provide for and ensure the safety and protection of the
Exhibition.
4. Sponsor does not adhere to the damage reporting procedures identified in paragraph 5 hereof.
7. Photographs- Photographs of the Exhibition are prohibited unless specifically and solely for Sponsor's reasonable
publicity and promotional purposes for this showing of the Exhibition.
8. Technical Assistance: Smith Kramer shall furnish, to the extent possible, assistance reasonably requested by Sponsor
for the development, organization and planning of the Exhibition.
9. "Force Majenre." In the event of a "Force Majeure" or other peril, which prevents the fulfillment of the articles of this
agreement, neither Smith Kramer nor Sponsor shall be held liable. This agreement shall become null and void, and
Sponsor shall be issued an immediate refund of all monies paid in respect to this agreement.
10. Cancellation: Cancellation of the Exhibition shall result in the following:
(a) In the event that an Exhibition is cancelled by Sponsor after a contract is signed, the Sponsor is responsible for
fifty percent (50%) of the contract fee.
(b) If the contract is cancelled within twelve (12) months before the scheduled opening, the Sponsor is responsible
for the entire contract fee.
11. Binding Effect; This agreement sets forth the full and complete understanding by and between Smith Kramer and
Sponsor and shall be binding upon Smith Kramer and Sponsor as well as their respective successors and assigns. This
agreement may be altered only in writing, signed by Smith Kramer and Sponsor.
The persons signing below, in witness where the parties hereto have executed this agreement the day, month and year above
written:
SMITH KRAMER, INC.
Name;.
Anne C. Jones
Title: Director nf F.xhihitinn De.ve.lnpmRnt
Date:
CITY OF CA
WILLIAM D.
By:.
Title:.
Date:_li