This agreement is entered into by and between the above-named Lender (hereafter referred to as “Lender”) and the Workhouse Arts Foundation, Inc. (hereafter referred to as the “Foundation”).
Lender agrees to loan artwork to the Foundation for the exhibition listed above. Lender provides the Foundation artwork information, in the form above, before the opening of the exhibit.
Artwork will be installed by the Foundation (and the Lender if they so choose). All hanging fixtures must be concealed behind the Work(s)-of-art to maintain gallery standards.
Installation may take place on Mondays and Tuesdays during Workhouse administrative hours 9am – 5pm. Access to space is contingent on the preceding exhibit.
Rights and Reproduction
Lender verifies he/she owns the Work(s)-of-art being loaned, or certifies that he/she represents the owner and therefore warrants that the Work(s)-of-art are free from all claims, demands, and liens and is subject only to his/her orders and directions. The Lender verifies that he/she has copyright(s) to all Work(s)-of-art lent for the Exhibition.
Lender agrees to allow display of Work(s)-art in the Foundation galleries at Workhouse Arts Center during the exhibition dates listed in this document. The Foundation retains the right to remove the Work(s)-of-art or cancel the Exhibit in the event of an unexpected circumstance or act of God. In this case, the Work(s)-of-art will be held in trust and will not be subject to claim or creditor of the Foundation. This agreement terminates immediately upon the death of the Curator, or bankruptcy of Curator or the Foundation.
Lender grants permission to the Foundation to photograph or use images of the Work(s)-of-art for advertising purposes including online and in print. The Foundation may retain images of the Work(s)-of-art and use them as records or in future publications. Credits in any publication will be included. The Lender agrees to allow the Foundation use of images of the Work(s)-of-art without monetary compensation. Images of Work(s)-of-art may be cropped to fit advertisements. The Work(s)-of-art may be photographed and videotaped by the public.
The Foundation will give credit to Lender as the owner or representative of the Work(s)-of-art on any publicity material or catalog produced and/or distributed by Foundation that displays the Work(s)-of-art, except when the Object appears incidentally.
The Foundation agrees to try to sell ownership of the Work(s)-of-art on the Lender’s behalf if this is desired, and the Lender authorizes the Foundation to sell the Work(s)-of-art, listed for sale at the price listed on the artwork information form. The Foundation will not sell the Work(s)-of-art if listed “not for sale,” “NFS” or if no price is listed on the artwork information form.
The Foundation is a 501 (c)(3) organization and will retain a 30% commission on sales. All sold Work(s)-of-art become the property of the purchaser and will be removed from the Exhibition after its closing. The Foundation will facilitate shipment or pick up of sold Work(s)-of-art.
If the Work(s)-of-art are sold the Lender must include a W-9 Federal Government tax form. A W-9 Federal Government tax form will only be requested if the Work(s)-of-Art is sold. If the Work(s)-of-art is/are sold during the Exhibition, the Foundation will send the Lender a check within 30 days of the end of the Exhibition.
The Foundation insures the Work(s)-of-art while in the custody of the Foundation up to the sales commission price due the Lender for a sale or, if not for sale, the insurance value listed on the artwork information form. The Foundation does not guarantee insurer will agree with the value assigned by the Lender. Lender may be asked to provide proof of past sales to quantify and prove the specified insurance value. The Foundation does not insure the Work(s)-of-art in transit (being shipped) or off the Workhouse campus.
If not sold, all Work(s)-of-art must be picked up or returned, within 30 days after the last day of the Exhibition.
The Lender is responsible for delivering the Work(s)-of-art. Lender is responsible for pickup and/or the return of the Work(s)-of-art.
If Lender decides to use a shipping company for the pickup and delivery of the Work(s)-of-art, the Lender recognizes the risk of damage during transit. If the Lender requests to have the Work(s)-of-art shipped back, Lender must provide pre-paid shipping label for UPS, FedEx or DHL. This return label must be included in the original shipping. Lender must ship the Work(s)-of-art in a re-usable shipping container(s). The Foundation is not responsible for damage occurred in shipping to or from the Foundation because of poorly crafted packages.
This Agreement shall be binding on all Parties, as well as the respective Parties’ personal representatives, agents, attorneys, heirs, assigns, or successors in interest. This Agreement constitutes the Parties’ entire agreement with respect to the subject matter. Any amendment to the Agreement must be in writing and signed by Lender and the Foundation.
Each of the Parties, by the execution of this Agreement, acknowledges that it has had a fair and adequate opportunity to read and understand all the provisions of this Agreement and has signed the same freely and willingly.