Upon acceptance of the terms referred to on the face of this contract, as evidenced by the signature of an authorized representative of the Huntington Beach Art Center (referred to herein as HBAC and/or the Center) and the Lender on the document, the following terms and conditions will apply:
Work received after the dates set forth in this agreement or not brought in a usable condition will not be accepted into the exhibition thus voiding this agreement. The HBAC Director reserves the right to refuse to exhibit artwork in unstable or unsatisfactory condition. Should damage occur in transit or while in the custody of HBAC, the Lender will immediately be notified.
HBAC will exercise only such care and safekeeping in respect to loans as it does with comparable property of its own.
Unless stated in writing and attached to this agreement, it is understood that the work on loan may be photographed and reproduced for publicity purposes, for illustration in a catalogue or other publication by or about HBAC, and that slides may be made and distributed for educational use.
The Lender hereby warrants that he/she is the owner or authorized possessor of work being loaned with the authority to execute this agreement and that the work has not been previously subject to copyright and that if it has been copyrighted that no actions herein contemplated by HBAC will infringe on the copyright. The loaned work may be withdrawn or removed from the exhibition at any time by HBAC. The Lender agrees that he/she cannot withdraw loan during the period of this agreement.
HBAC assumes the right, unless specifically denied by the Lender, to examine the work by all photographic and scientific means available.It is understood that HBAC will not clean, restore, conserve, or otherwise alter the work without the written consent of the Lender.
Unless otherwise agreed upon in writing, loans are to be returned to the Lender or his/her duly authorized agent appointed in writing within the dates and times described as Retrieval of WorkThe Center's right to return work shall accrue absolutely at the termination of the loan. If the Center, after making all reasonable efforts and through no fault of its own, shall be unable to return the work within two (2) days after such termination, the Center shall have the absolute right to place the work in storage, to charge regular storage fees, and to have and enforce a lien for such fees and costs. If after thirty (30) days, the work shall not have been reclaimed, then, and in consideration of its storage, and safeguarding during such period, the work shall be conclusively deemed to be an unrestricted gift to the Center and the Lender hereby authorizes HBAC to so proceed in accordance herewith, without order of or report to any court or agency.
The prevailing laws of the State of California and the United States of America shall govern this contract exclusively. In witness hereof, the parties have signed the agreement the day and year hereinafter stated on the reverse.
The foregoing constitutes the entire agreement of the parties and neither this clause, nor this agreement, nor any subsequent modification may be made except in writing signed by both parties hereto. Any changes herein of printed text or written additions must bear the initials of the parties hereto.