2nd Annual Coastal Colors Paint Out Waiver

  • 2nd Annual Coastal Colors Paint Out Waiver

    1. HSMC agrees to display Artwork and will make every attempt to obtain the retail price set by the Artist for the Artwork exhibited, of which the HSMC will retain no more than 35% of the purchase price, and pay any fees related to selling the Artwork (i.e. credit card fees, etc.)
    2. If a sale is effectuated, HSMC shall pay the Artist by check 65% of the retail purchase price at the end of the exhibit. The Artist will provide HSMC with complete IRS Form W-9 and request for payment.
    3. HSMC represents that it maintains insurance for theft and damage. If the consigned Artwork is damaged while in the HSMC’s possession through fault of the HSMC or a guest of the HSMC, the HSMC will make an attempt to repair the Artwork to the condition in which it was received or better. If repair is not possible, the Artist will be compensated up to the percentage due the Artist had the Artwork been sold, and the damaged Artwork becomes the property of the HSMC to do with as it will, and that no further compensation or commission from any sale of the Artwork will be due the Artist.
    4. That the Artist agrees to leave the Artwork with the HSMC for the entire period of the publicized exhibit.
    5. That the Artwork will not be removed from the museum for any reason during the exhibit period unless agreed upon in writing by both parties and attached hereto.
    6. That should the Artwork remain unsold at the end of the exhibit period and an election be made by the Artist to remove said Artwork from the museum, the Artist is responsible for transporting the artwork safely, and any costs incurred by the delivery of same to Artist shall be borne by Artist. The HSMC will not be responsible for damage to the Artwork once it has been safely and satisfactorily returned to the Artist.
    7. That the Artwork is the personal property of the Artist until sold by the HSMC, and that any defect appearing or occurring in the Artwork (the artwork becomes unsalable through no fault of the HSMC) while in possession of the HSMC shall be made right by the Artist, either by repairing the Artwork or by paying the HSMC for work done to repair the Artwork to return it toa salable condition.
    8. That the HSMC recognizes and respects the Artist’s copyrights of original Artworks and will relay this information to the Purchaser as relayed to HSMC.
    9. That any original work consigned to the HSMC by the Artist is the Artist’s original design and does not violate any other copyrights. This includes work copied from magazines, newspapers, or any other published media that is not the original design of the Artist; classroom work; work copied from photographs in total or in part that were not the original photographs taken by the Artist, etc. Any work found to have been in violation of copyrights as decided by the HSMC shall be removed.
    10. That the Artist gives permission to the HSMC to use the Artwork image(s) in advertising and to list the Artist’s work as available through the museum.
    11. That the retail price stated by the Artist for the Artwork is the normal retail price the Artist asks for the Artwork, and that the Artist will not offer to sell the Artwork for a lower price after the exhibit period.
    12. Work left beyond the agreed-upon and listed term of Exhibition 15 days beyond the official notification of pick-up becomes the property of the HSMC to do with as it will.

  • By Signing this waiver, I affirm that I have read and understand it and agree with its contents.

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