SAMPLE EXHIBITION AGREEMENT

Transcription

1 SAMPLE EXHIBITION AGREEMENT The undersigned: 1 Name:... Address:... OR(*) of which the head office is domiciled in., registered in the Central Entreprise Databank with enterprise number..., VAT number..., (*) hereby represented by., hereafter called the artist; 2 Name:... Address:... OR(*) of which the head office is domiciled in., registered in the Central Entreprise Databank with enterprise number..., VAT number..., (*) hereby represented by., hereafter called the organizer have agreed the following Subject of the agreement 1. This agreement determines the rights and obligations of both parties relating to the exhibition organized by the organizer. (hereafter referred to as the exhibition). Work by the artist 2. The organizer agrees to exhibit work by the artist, under the conditions described below. 3. The work exhibited by the artist consists of: 1. the artworks described in Appendix A; 2. the artworks created by the artist on commission of the organizer for this exhibition, whether or not exclusively for the exhibition space.(*)1 (hereafter called the work) (*) Delete where non applicable 1 The production modalities are determined in art. 41 Description of the work on loan 4. The work that the artist and / or the owner of the art work (*) gives / give on loan to the organizer for the purpose of the exhibition, is described in the loan form, according to the template attached as Appendix B to this agreement. This loan form is drafted for the outward transport of the work and signed as correct by the artist and / or the owner of the artwork (*) and the organizer. Exhibition modalities Exhibition period 5. The work will be exhibited by the organizer from /./. until /./. The artist and the organizer may agree to alter the exhibition period. This agreement should be in writing. Exhibition venue 6. The work will be exhibited in the following location:.. The organizer shall inform the artist about the following physical features of the venue:......

2 7. During the exhibition, the exhibition venue is open to the public on the following days and hours: Monday from. h to. h Tuesday from. h to. h Wednesday from. h to. h Thursday from. h to. h Friday from. h to. h Saturday from. h to. h Sunday from. h to. h Description of the exhibition display 8. Type of exhibition: solo exhibition group exhibition (number of artists.) other: (specify) (*) 9. If it concerns a group exhibition: a list of the names of all other participants should be attached to this agreement, which can only be altered by mutual agreement; the organizer shall deliver the names of the other participants to the artist in writing, at the latest. days before the opening of the exhibition.(*) In case of a group exhibition, the organizer will determine, in consultation with the artist, which part of the exhibition space is allocated to the artist and provide him/her with a written description and/or plan of the whole exhibition, at the latest. days before the opening of the exhibition. Installation and dismantling of the exhibition 10. The exhibition will be installed on /./. from. h to.h (specify days and hours). The exhibition will be dismantled on /./. from. h to.h (specify days and hours). 11. The artist / the organizer / the artist and the organizer (*) is / are responsible for the installation of the exhibition. The artist / the organizer / the artist and the organizer (*) is / are responsible for the dismantling of the exhibition. 12. The organizer agrees to follow the technical guidelines provided by the artist for the assembling and / or installation of the work, as specified in the loan form. The artist, on his / her part, shall respect the practical guidelines issued by the organizer. The guidelines shall be: made known to the artist, at the latest. days before the installation; attached as an appendix to this agreement (*). The organizer shall provide all basic materials and personnel to assemble and install the work and to install and dismantle the exhibition. The organizer shall also provide the specialized equipment, which he has agreed to in the loan form. By request of the artist, the organizer shall provide. staff members to support the artist during the assembling and / or installation of the artworks and / or the installation and dismantling of the exhibition. 13. Once the exhibition has been set up, the work may only be repositioned with permission of the artist. 14. The costs of the installation and dismantling of the exhibition shall be met by the organizer. For his cooperation with the installation / dismantling or his required presence during the installation / dismantling (*) the artist will receive a fee of. euro per day / hour. The fee shall be paid: as a salary through a Social Bureau for Artists as an honorarium (*). The costs for framing and / or producing display stands for the work shall be met by the organizer / the artist (*) who will / will not (*) become the owner of these items afterwards. Transportation and delivery of the work 15. The artist is responsible for having the work ready for transport at the latest. days before the opening of the exhibition on the following address:.... In case the artist is not the owner of the work, the organizer / the artist (*) shall make sure that this third owner has arranged for the work to be ready for transport. The organizer shall return the work at the latest. days after the termination of the exhibition to the following address:......

3 16. The organizer is responsible for the transportation of the work. He is free to choose the transportation company; OR agrees to decide on the following transportation company:....(*). The organizer will bear the transportation costs. 17. The organizer agrees to return the work in the packaging used for the outward transportation. If the organizer is unable to do so, he must return the work in a packaging of a similar quality. The costs for this packaging are met by the organizer. 18. After the return transport, both parties shall make up a condition report of the work given in loan. This condition report is added to the loan form. Copyright and credits 19. The artist gives the organizer permission to display the work during the period agreed upon in art. 5. In return for this license, the artist shall receive a royalty fee of. euro. This fee will be paid at the latest on /./. to the following bank account number./ /. in the name of..., (holder). 20. The organizer shall clearly identify the work and its reproductions. The identification should mention by courtesy of, the name of the artist, the year in which it was produced and if necessary, the name of the lender. This identification shall be positioned close to the work (and the reproduction). OR The identification is positioned in the following place: Promotion and publicity 21. The organizer is responsible for the promotion and publicity of the exhibition through his regular promotion channels, and / or as follows:. (specify: e.g.. invitation, poster, flyer, newsletter, season brochure, advertisements, website(s), e-letter, calendars in newspapers and magazines, ) (*) The organizer shall bear the costs for the promotion and publicity. 22. For promotional purposes, the artist shall provide the organizer with his / her relevant personal information, as well as the following promotional material concerning the exhibited work:......(specify)(*). The organizer will / will not (*) become the owner of the promotion material and shall return it to the artist at the latest on /./.. OR De organizer may dispose of the promotion material for his archives and for consultation on site and educational purposes. (*) 23. The artist gives the organizer the permission to use the copyrights for the work / or the promotion material for the work / or the work and the promotion material for the work (*) in the manner described below: The organizer has the right to record, reproduce, disclose and distribute the work/ or the promotion material for the work / or the work and the promotion material for the work (*): entirely and / or partially on an analogue sound and / or image carrier:.. (specify: e.g. bundle of documents, book, brochure, flyer, verbal presentation, video) on a digital carrier: (specify: all forms of temporary or permanent information carriers, such as disc, CD-rom, DVD, hard disk, mini-disk, memory stick, internet) (*). The organizer agrees to exercise these rights solely for the promotion and publicity of the current exhibition. These licenses cannot be sublicensed to third parties without written consent of the artist. This exclusive / non exclusive (*) license is granted to the organizer during the following period: from /./. until /./. This license is valid worldwide / for the following countries:......: (*) 24. The artist shall protect the organizer from eventual claims by third parties relating to the use of the copyrights as granted. 25. The organizer shall submit a layout / proofing of the promotion and publicity material to the artist for approval, at the latest

4 . days before the publication date. The organizer shall provide the artist with. copies of the promotion and publicity material, free of cost. 26. In exchange for the license, the artist shall receive a royalty fee of. euro. This fee will be paid at the latest on /./. to bank account number./ /. in the name of..., (holder). 27. The organizer agrees / does not agree (*) to organize an opening for the exhibition on: /./. Both parties shall agree by mutual consent on the number of guests, organizations and / or authorities in function of the available funds. The artist agrees to provide a list of postal and addresses of the invited persons, organizations and / or authorities at the latest on /./. The costs of the opening are met by the organizer / other:.. Publication 28. Both parties agree / do not agree (*) to issue a publication about the work / the exhibition (*). 29. This publication shall consist of a catalogue / edition (*). The publication should meet the following requirements:. copies of this publication will be printed. 30. The artist gives the organizer the permission to record, reproduce and distribute the work in its entirety and / or partially for this one-off catalogue / edition (*). This exclusive / non exclusive (*) license is valid worldwide / for the following countries: (*). The organizer agrees to involve the artist with the creation of the publication (among others, in the choice of the texts and images, format, layout). The organizer shall submit a layout / proofing (*) of the publication to the artist for approval before it is published. 31. In exchange for the license, the artist shall receive: a royalty fee of. euro.. % of the gross income of the sales of the publication. (*) This fee shall be paid at the latest on /./. to bank account number./ /. in the name of..., (holder). The organizer shall remunerate the artist for his collaboration with the publication with a fee of. euro. This fee is to be paid: as a salary through a Social Bureau for Artists as an honorarium (*). 32. The organizer shall provide a budget of. euro for the realization of this publication. The selling price of the publication is estimated at. euro. 33. The organizer agrees to issue this publication at the latest by: /./. The organizer also agrees to distribute the publication through his customary channels, and / or as follows:......(*) at the latest by: /./. 34. The organizer shall provide the artist with. copies of the publication, free of cost. The artist can purchase additional copies at the production price, while supplies last. Conservation, security and maintenance 35. The organizer is responsible for the conservation, security and maintenance of the work. 36. The organizer agrees to conserve, secure and maintain the work, according to the artist s guidelines stipulated in the loan form. Claim settlement and insurance of the work 37. During period that the work is on loan the organizer is liable for damages, loss or theft of the work, including the outward and return transportation, this until and including the day the work is returned to the lender.

5 The organizer though is not liable for damage caused by normal use of the work on loan. The organizer is neither liable for damage resulting from hidden defects and construction errors in the work, nor for damage demonstrably caused by the artist. 38. If the organizer discovers that work is damaged, he shall immediately report these damages in writing to the artist. The damages are noted on the loan form duly signed by both parties. 39. In case of irreparable damage, loss or theft of the work, the organizer shall reimburse its value, as estimated in the loan form. In case of reparable damage, the organizer is responsible for the restoration within a reasonable period of time and shall reimburse the restoration costs. Restoration works shall be contracted out to a specialised firm, in consultation with the artist. The organizer is not allowed to execute the restoration works himself without the explicit permission of the artist. The restoration works should follow the artist s guidelines. In case of dispute whether or not the damage is reparable and / or the work has been properly restored, both parties shall appoint an expert. In case these experts cannot reach an agreement, a third expert will be appointed by the Court of First Appeal in These three experts shall decide by a majority of votes. 40. The organizer agrees to take out an all risks policy, common to the sector, for the total value of the work as estimated in the loan form. This policy should cover damage, loss or theft of the work and covers all liabilities of the organizer during the loan period. The costs of the policy shall be met by the organizer. The organizer shall provide the lender, at his request, with a copy of the insurance policy. The policy is assigned to the lender. Production modalities 41. If the work was made on commission of the organizer, he shall provide the artist with a production budget of. euro. This amount shall be paid: at the latest on the day this agreement is signed; in three installments: the first installment of. % on /./. the second installment of. % on /./. the third installment of. % on /./. (*) to be deposited on bank account number./ /. in the name of..., (account holder). Furthermore, the organizer will pay the artist a fee of. euro for the creation of this work. This fee shall be paid: as a salary through a Social Bureau for Artists as an honorarium (*). 42. The work remains the property of the artist unless and until it is sold. If the organizer purchases the work after the exhibition is closed, that segment of the production budget initially assigned for the realisation of the work shall be considered an advance on the purchase price. OR: In case the works are sold within. days / months after the exhibition, the production budget should be reimbursed to the organizer, without exceeding. % of the selling price (after the deduction of any commissions due by the artist to his gallery or other intermediaries, exclusive of VAT). Cancellation of the exhibition 43. In case the exhibition is cancelled, the organizer will cover all expenses the artist has incurred for the purpose of the exhibition. Additionally, the organizer shall pay the artist a fixed sum of. euro (guideline: 10% of the exhibition budget), with a minimum of 50% of the income the artist could have gained upon further execution of the agreement. Miscellaneous 44. During the exhibition period, the organizer shall report any buying interests directly to the artist or to his / her appointed representative... (*). 45. During the exhibition, the artist shall give the organizer the right of pre-emption on the following exhibited work: The law applicable to this agreement is the Belgian law. Any disputes will be settled exclusively by the courts of...

6 47. Under article 46 above the definition artist includes his/her heirs and legal right holders 48. The following appendixes are an integral part of this agreement:... [... p.]

7 This agreement is made available in.copies, including. appendices that form an integral part of each copy; each party receives one copy and approving and legalising the agreement including the appendices by initialling all pages and by signing below in..., on /./. signed on behalf of the artist:... signed on behalf of the organizer:...

8 Appendix A: Work.. Description of the work: Author: Owner of the artwork:... Title: Features (material, ): Technique: Number of copies / unicum: Numbered / not numbered: Size: Year of origin: Mode of disclosure: Presentation and installation of the work; Required space: Required playback equipment : Framed / with display stand: Special requirements: signed for the artist:... signed for the organizer:...