TERMS AND CONDITIONS
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 while in the custody of HBAC, the Lender will immediately be notified. HBAC will exercise 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 including but not limited to the Huntington Beach Art Center's Website and social media pages.
HBAC will arrange Lender is responsible for artwork delivery and pick up. Shipped artworks must include paid return postage.
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The loaned work may be withdrawn or removed from the exhibition at any time by HBAC.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 Work. The 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 here in after stated.
Insurance Provisions
HBAC will insure the load property wall-to-wall (while in transit and on location during the prior of this loan) under its fine arts policy for the amount specified by the Organizer on the face of this Agreement against all risks of physical loss or damage from any external cause except the usual standard exclusions such as wear and tear, gradual deterioration, insects, vermin, inherent vice or damage sustained due to or resulting from any repairing, restoration or retouching process; nuclear reaction or radiation; risks of war, hostile or warlike action, insurrection, rebellion, civil war; and seizure or destruction under quarantine or customs regulations, confiscation, illegal transportation or trade.
If loaned property which has been industrially fabricated is damaged or lost and can be repaired or replaced to the artist’s specifications, HBAC’s liability shall be limited to the cost of such repair or replacement. If no amount has been specified by the Organizer, the Organizer understands and agrees that HBAC will insure the property at its own estimated valuation. Such valuation shall not, however, be construed to be an appraisal by HBAC.
The Lender agrees that, in the event of loss or damage, recovery shall be limited to such amount, if any, as may be paid by the insurer. If Lender chooses to maintain their own insurance, HBAC must be supplied with a certificate of insurance naming HBAC and each participating location as additional insured and waiving subrogation against HBAC and each participating location/museum. Lender’s coverage shall be primary and any coverage maintained by or available to HBAC shall not contribute. If the Organizer fails to supply HBAC with such a certificate, this document shall constitute a release of HBAC and each participating location from any liability in connection with the loaned property. HBAC shall not be responsible for any error or deficiency in information furnished to the Organizer’s insurers or for any lapse in coverage.
Hold Harmless
Lender hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with Lender’s negligent (or alleged negligent) performance of this agreement or its failure to comply with any of its obligations contained in this agreement by Lender, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City.
Lender will conduct all defense at its sole cost and expense and City shall approve selection of Lender's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Lender.
If the Lender chooses to waive insurance, this waiver constitutes a release of HBAC and each of the participating museums form any liability in connection with the loaned property.
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.
WAIVER
Every precaution is taken to ensure the safety of your artwork or objects at the Huntington Beach Art Center during the exhibition and installation. Artists or others loaning or exhibiting accept full responsibility by signing this waiver. The undersigned has read this waiver and accepts the conditions stated without reservations. This loan is subject to the conditions printed in the Terms and Conditions.
Please complete and sign the loan agreement to the Huntington Beach Art Center. You will receive a copy after signature by an HBAC representative. Failure to follow the above agreement terms may result in expulsion from future HBAC exhibitions.