Exhibit Agreement
All sculpture will be installed on Town of Sidney property. Artists will be obliged to enter into a standard licensing agreement prior to undertaking any work on the designated site.
The following is a SAMPLE AGREEMENT.
PUBLIC ART FOR
SIDNEY SEASIDE SCULPTURE WALK
AGREEMENT
THIS AGREEMENT made this _________ day of ______________2011.
BETWEEN:
(the “Artist”)
AND
TOWN OF SIDNEY
2440 Sidney Avenue
Sidney, BC, V8L 1Y7
(the “Town”)
WHEREAS:
A. Sidney Seaside Sculpture Walk Agreement is a license to exhibit the Artist’s work (Artwork) on Town of Sidney property;
B. The Town wishes to accept the Artwork for public display in the locations shown on Appendix A.
C. The Artist has submitted a proposal to the Town to exhibit the Artwork on Town property.
THE PARTIES AGREE AS FOLLOWS:
1. The Artist agrees to design, fabricate and work with the TOWN OF SIDNEY for installation of the art piece which:
(a) Shall be prepared according to the Artist’s proposal dated _________, attached as Appendix B.
(b) Shall conform to the design, composition and all additional details as outlined in the Artist’s proposal attached as Appendix B.
2. The Artist warrants that any work submitted is the original work of the Artist and the Artist shall retain full ownership for the entire period of the installation of their work.
3. The Artist agrees to apply best efforts towards completing and installing the Artwork by (date).
4. The Artist will provide the Artwork for public exhibit for two years from the date of installation (above date).
5. The Artist will remove the Artwork from the Town property at his/her expense within two years and one month from the date of installation (above date).
6. The Term of the license to exhibit the Artwork on Town property may be extended by agreement of both parties and can also be reduced at the request of the Artist if the Artwork is sold.
7. The Artist agrees to pay a commission to the Town of 10% of the sale price of any Artwork sold while the work is on display on Town property.
8. The Town reserves the right to reject any work that differs markedly from the submitted proposal.
9. The Town will provide a standard base foundation for the Artwork at the Town’s expense.
10. The Artist shall be responsible for the fabrication, delivery and the installation of the Artwork.
11. In advance of installation the Artist shall submit shop drawings showing the detailed plan of installation and securing of the Artwork to the base provided by the Town. The design shall comply with all current codes and shall be approved by the Town’s Director of Engineering and Works and Director of Development Services.
12. The Town reserves the right, at its sole discretion to relocate the Artwork to an alternate location during the term of the display.
13. The Town agrees to notify the Artist in the event that the Artwork is moved to another location.
14. No additions or modifications will be made to the Artwork by the Town or by the Artist.
15. Copyright of the Artwork and the Proposal, including all drawings, designs, images, specifications, photographs and documents incidental thereto, is the property of the Artist.
16. The Artist will repair and maintain the Artwork during the term of the loan. Notwithstanding the above, the Artist will not be responsible to repair any damage resulting from relocation of the Artwork by the Town.
17. Whenever in this Agreement it is required or permitted that notice be given or served by either party to or on the other, such notice or demand will be in writing and will be validly given or sufficiently communicated if personally delivered, or sent by courier, priority post or registered mail, return receipt requested, to the Artist or the Town, as appropriate, at their respective addresses which appear on page 1 of this Agreement.
Either party by giving notice to the other as noted above may change such addresses from time to time.
Notices as noted above will be deemed to be given to the Artist or the Town on the date upon which they are personally delivered or, if mailed, three days after mailing.
18. If the Artist dies or becomes incapacitated and unable to complete the work, the Agreement is terminated with effect from the date of said death or incapacity.
19. The Appendices hereto shall form part of this agreement.
20. This Agreement shall be binding upon the Artist and his/her heirs, executors, administrators, successors and assigns.
21. This Agreement may not be assigned or transferred.
22. Time is of the essence in this Agreement.
23. This Agreement constitutes the sole and entire agreement between the parties.
EXECUTED by the parties as at the date first written above.
TOWN OF SIDNEY:
_________________________
Larry Cross
Mayor
_________________________
Murray Clarke
Chief Administrative Officer/
Corporate Administrator
ARTIST:
_________________________
Artist
_________________________
Print Name here
_________________________
Witness
________________________
Print Name Here
