TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
1. Unless the Lender elects to maintain its own insurance coverage for the loan period, May 6th- June 1st 2019, the Every Woman Biennial will insure this Artwork under an all risk property insurance policy, for the amount indicated on the face of this agreement, against all risks of physical loss or damage from any external cause while on location during the period of the loan. The policy referred to contains limitations for acts of God and the usual exclusions for loss or damage due to wear and tear, gradual deterioration, moths, vermin, inherent vice or damage sustained due to and resulting from any authorized repairing, restoration or retouching process, or due to such causes as hostile or warlike action in time of peace or war, atomic, nuclear or radioactive force, reaction or contamination, insurrection, rebellion, civil war, usurped power, action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulation, confiscation by order of any governmental or public authority, or risks of contraband or illegal transportation or trade. The party that makes the transportation arrangements for the Artwork to or from the Exhibit must provide for appropriate insurance coverage as specified herein.
2. If the Lender elects to maintain its own insurance, the Lender's insurance shall be primary. Lender agrees to request a waiver of subrogation from its insurer in writing in favor of the Institution prior to the Exhibit. If the Lender fails to request the waiver of subrogation, the agreement shall constitute a release of the Institution from all liability in connection with the loan.
3. The work shall remain in the possession of the The Every Woman Biennial, in the Exhibition located at La Mama Galleria, 47 Great Jones Street, NY, NY 10003 OR 222 Bowery NY, NY 10012 for which it has been borrowed, for the time specified in this agreement, May 6th - June 1st, 2019.
4. Except in case of emergency to preserve the Artwork, the work of art will not be cleaned, restored, or otherwise altered without the written consent of the Lender except in an emergency, in which case the Lender will be notified by telephone and in writing.
5. Except as set forth by Lender above, Lender warrants that it has all right, title and ownership interest in the Artwork, and that the Artwork is not subject to any ownership, lien, encumbrance, copyright infringement or other claim by any other person or entity.
6. This Agreement shall be governed by and construed under the laws of the State of New York, which shall also be the forum for any litigation arising form or incident to this Agreement.
7. This Agreement and attachments referenced herein, if any, constitute the entire understanding between the parties with respect to the subject matter hereof and may be amended at any time only upon mutual written agreement of the parties. Any notice to the either party shall be sent to the parties at the addresses set forth above by email.
8. Pieces will remain for sale during the run of the show May 19th-May 29th 2019 If piece is for sale during this time, and it sells, payment will be made as follows: 70% to the artist, 30% to the Every Woman Biennial, a fiscally sponsored non-profit 501(c)3 via Fractured Atlas. All payments will be mailed out by June 30th, 2019.
I have read and agree to the attached Terms and Conditions governing the Artwork Loan Agreement and certify that I am the owner or the agent of the owner authorized to agree thereto. I understand that by electronically signing this Agreement, I agree to be bound by all of the provisions set forth herein.