LOAN CONDITIONS
LENDER AGREES TO HAVE KSW PRESENT LOANED ITEM(S), AS DESCRIBED BELOW, IN KSW’S APAture 2024 (“Exhibition”) WHICH RUNS October 12 - November 9, 2023 AT Arc Studios & Gallery (“Venue”).
THE LENDER AGREES TO DELIVER LOANED ITEM(S) AND TO ASSIST IN ANY NECESSARY INSTALLATION WORK THAT IS REQUIRED BY October 9-10, 2024.
THE LENDER AGREES TO UNINSTALL AND PICK UP LOANED ITEM(S) AFTER THE CLOSING RECEPTION ON November 9, 2024.
THE LENDER UNDERSTANDS THAT LOANED ITEM(S), AS DESCRIBED BELOW, WILL BE INSURED BY KSW UP TO $500 PER ITEM (“Insurance Amount”). THE INSURANCE AMOUNT IS NOT AN APPRAISAL BY KSW OR ITS INSURANCE CARRIER.
IF A LOANED ITEM IS SOLD DURING THE EXHIBITION, KSW RECEIVES A 30% COMMISSION FROM LENDER AND THE ARTIST WILL RETAIN 70%.
OTHER CONDITIONS
Insurance
1. KSW will insure Loaned Item(s) from the later of the Delivery Date or the actual date upon which Lender delivers item(s) through the earlier of the Retrieval Deadline or the date upon which Lender retrieves Loaned Item(s). KSW is not liable for loss or damage that occurs at any other time.
2. The Insurance Amount payable by the insurance policy is the sole recovery available to the Lender in event of loss or damage of a Loaned Item. Any potential liability by KSW for loss or damage of a Loaned Item is limited to the conditions of this document and the conditions under the insurance policy procured by KSW for the Loaned Item pursuant to this agreement.
3. KSW is not liable for any damage to Loaned Item(s) caused by installation or deinstallation of Loaned Item(s) by Lender or Lender’s agents.
4. KSW is not liable for any injury or damage to Lender or Lender’s agents that occurs during installation or deinstallation of Loaned Item(s).
Reproduction and Credit
1. Unless otherwise notified in writing by the Lender, KSW may photograph, telecast, display on a website, and reproduce Loaned Item(s) for any publicity, catalog/publication purposes, and educational uses connected with the Exhibition. Lender will be appropriately credited and retain copyright of their work.
Ownership
1. The Lender warrants full title as the sole owner of the Loaned Item(s) listed in this Loan Agreement.
2. It is the responsibility of the Lender to give prompt notice to KSW if there is a change in ownership of a Loaned Item or if there is a change in the Lender’s provided information in this Loan Agreement.
3. The Lender will retain copyright of the Loaned Item(s).
4. Unless otherwise notified in writing, KSW will release Loaned Item(s) only to the Lender or Lender’s Agent.
5. If the Lender does not retrieve Loaned Item(s) by Retrieval Date, and attempts by KSW to contact Lender regarding Loaned Item(s) are unsuccessful, then the Lender may lose rights to the Loaned Item(s). KSW follows the precepts of California’s Unclaimed Property Law.
Severability and Entire Agreement
1. Any term or provision of this Loan Agreement that is invalid or unenforceable in any situation in any jurisdiction will not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
2. This Loan Agreement, together with the attachments delivered hereunder or in accordance herewith, embodies the entire agreement and understanding of the Lender and KSW with respect to the loan contemplated by this Loan Agreement.
3. This Loan Agreement supersedes all prior agreements and understandings between Lender and KSW with respect to the Loaned Item(s).
Description of Loaned Item(s)
If the work being submitted is a series, this counts as one item.