ARTFIELDS 2016 Artist and Venue Hosting Agreement This Artist and Venue Hosting Agreement, dated, 2016, is by and between ( Artist ) and ( Venue name) located at ( Venue physical address). Artist and Venue have each registered with Lake City Partnership Council ( LCPC ) to participate in ArtFields 2016. Artist and Venue s participation in ArtFields is governed by the respective ArtFields 2016 Competition Rules and Eligibility for Artists and the Venue Registration and Agreement for Venues, as applicable, together with other rules, policies, and procedures established or that may be established by LCPC, and more particularly described at www.artfieldssc.org. Artist and Venue agree to the following terms and conditions regarding Artist s display of a work of art ( Entry ) at Venue in connection with ArtFields : 1. ENTRY: The Artist will display the following Entry at Venue s location ( the Location ): Title: Medium: Dimensions (height x width x depth): Year: (artwork completed): Sale Price: (dollar amount if artist is offering artwork for sale. refer to Sections 7 and 9) OR Value: (dollar amount if artwork is Not for Sale (NFS). refer to Sections 7 and 9) 2. SHIPPING OR HAND- DELIVERY AND RETURN OF ARTWORK: a. Artist and Venue are expected to coordinate with each other for the shipment or hand- delivery of Entry to the designated Location. Shipment or hand- delivery of artwork must arrive no earlier than Wednesday, March 23, 2016, and no later than Saturday, March 26, 2016. Site- Specific and Installations must be delivered, installed and removed by the artist upon appointment with ArtFields Art Team and Venue. Installation begins no earlier than Monday, March 28, 2016 and must be completed no later than Monday, April 11, 2016. 1
b. Artist is responsible for identifying Entry and packaging material with artist name. c. Artist is responsible for the shipment and all related costs of Entry to the designated Location. d. Artist is responsible for including a PREPAID RETURN SHIPPING label with shipment of Entry. e. Artist is responsible for coordinating with designated Venue for hand- delivery to designated Location. f. Venue is responsible for coordinating the pick- up of Entry with the shipping agency or artist for return of Entry to the Artist. g. Entry must remain on display Wednesday, April 13, 2016 through Sunday, May 1, 2016. Artwork cannot be removed from designated Venue until Sunday, May 1, 2016 at 1:00 pm and no later than Saturday, May 8 2016 at 6:00 pm.* All removals must be coordinated with designated Venue. *Entries remaining after 6:00 p.m. on May 23, 2016, will be disposed of by Lake City Partnership Council, in its absolute and exclusive discretion, with no recourse or remedy available to the artist. 3. INSTALLATION OF ARTWORK: a. Entry will be installed no earlier than Wednesday, March 23 and no later than Monday, April 11, 2016. Artist and Venue have agreed that the ArtFields team will install the Entry using a trained art- handling team. * Site- Specific and Installations must be delivered, installed and removed by the artist upon appointment with ArtFields Art Team and Venue. Installation will begin no earlier than Monday, March 28, 2016 and must be completed no later than Monday, April 11, 2016. b. Artist must send Entry hang- ready. 2- D pieces must be wired and 3- D pieces must arrive with installation instructions if Entry cannot be displayed on a sculpture stand or other level, secure surface. Entry must be identified with Artist name. c. Venue agrees to the following standards for the security and longevity of Entry: i. The Location will maintain a temperature of 72 degrees Fahrenheit or lower for the duration of Entry s display. ii. iii. Entry will not be displayed in direct sunlight. Entry will not be displayed near harmful chemicals, including, but not limited to, those found in household cleaning products. 4. LOCATION: Artist agrees that Entry will be displayed only at the Location during the entire ArtFields exhibition and event, which begins on April 13, 2016, and ends on May 1, 2016 ( ArtFields period ). 2
5. PUBLIC ACCESS: Venue shall not charge an admission fee to the public to view the Entry during the ArtFields period. The portion of the Venue in which the Entry will be displayed must be available for public access during normal working hours AND the required days and times during the ArtFields period in the chart below: ArtFields Required Viewing Times for Competition Artwork Date Time Friday, April 22, 2016 11:00 a.m. - 8:00 p.m. Saturday, April 23, 2016 10:00 a.m. - 7:00 p.m. Sunday, April 24, 2016 1:00 p.m. - 6:00 p.m. Monday, April 25, 2016 Tuesday, April 26, 2016 Wednesday, April 27, 2016 Thursday, April 28, 2016 Friday, April 29, 2016 Saturday, April 30, 2016 *Sunday, May 1, 2016 for Removal of Artwork 1:00 p.m.- 6:00 p. m. 6. COSTS: a. Production Costs: Artist is responsible for all costs relating to production of Entry. b. Transportation Costs: Artist is responsible for all costs relating to transporting Entry to and from the designated Location. c. Installation Costs: Artist is responsible for the cost of installation materials for Entry if Entry cannot be installed using a standard picture hanger nail and hook. d. Promotional Materials Costs: Venue is responsible for displaying promotional materials provided and paid for by LCPC during this ArtFields period. Artist is responsible for any additional promotional materials, other than those provided by LCPC, to display during the ArtFields period. e. Utility Costs: Venue is responsible for all utility costs relating to display of the Entry at the Venue 3
7. SALE OF ENTRY a. Artist and Venue agree as follows: CHOOSE ONLY ONE. Artist will NOT offer Entry for sale. Please note the following: The winners of the Top Prize and Juried Panel Prize agree to transfer all ownership and reproduction rights of the artwork to the Lake City Partnership Council on April 30, 2016. Artist initials Venue initials OR Venue will make Entry available for purchase through Venue during the ArtFields period. Venue is responsible for processing payment of the Entry and for collecting, reporting, and remitting applicable state and local sales taxes. Sales and other taxes must be collected at the time of the sales transaction. In exchange for processing the transaction, Vendor may retain 20% of the sales price, less applicable taxes. Artist will receive payment of the remaining 80% of the sales price, less applicable taxes, not later than Monday, June 9, 2016. Artist initials Venue initials 8. ACKNOWLEDGEMENTS: Artist shall acknowledge Venue in all written references to the Entry s exhibition in Lake City, South Carolina. Artist will be recognized as the creator of the Entry in the display and in all references to the Entry in formal materials and official online representations. Venue will be recognized on the ArtFields website as a Venue and will be listed in official materials detailing the events. Artist acknowledges that Venue may host other Artists and other Entries in connection with ArtFields and that this Agreement is not to be construed as an exclusive hosting arrangement. 9. TITLE: As between Artist and Venue, title and ownership of the Entry shall remain with the Artist; provided, however, that the Top Prize and Juried Panel Prize winning Entries shall be owned by LCPC. Venue will not permit any third party to assert any liens against the Entry. 10. COMPLIANCE WITH LAWS: Each party will comply with all applicable federal, state and local laws and regulations applicable to such party with respect to the Entry and the display of the Entry. 11. INSURANCE: Artist will obtain and maintain insurance relating to the Entry at its own cost and expense, or otherwise be liable for risks relating to the Entry s display and public exhibition in connection with ArtFields. 4
12. SECURITY: a. Venue is responsible to secure and safeguard the Entry throughout the ArtFields period and during installation and removal. Entry. b. Venue is responsible for providing the public with a safe and accessible location to view the 13. ARTIST TALK: Artist may provide one Artist Talk during the ArtFields period. It is the responsibility of the artist to contact the ArtFields Art team to schedule Artist Talk. 14. VENUE PROMOTION: Venue will have the option to promote Venue s business and the Location and produce events associated with its display of the Entry at its reasonable discretion during the ArtFields period. 15. MUTUAL INDEMNIFICATION: Artist and Venue will indemnify, hold harmless and defend the other from and against any and all liability, claims, suits, actions, losses and expenses, including costs and attorney fees, relating to or arising out of a breach of this Agreement by the indemnifying party. 16. INDEMNIFICATION OF LCPC AND CMS: Artist and Venue agree that in no instance will LCPC or Community Museum Society, Inc. (CMS) be liable to Artist or Venue for any claim, suit, action, loss, expense or liability relating to or arising from ArtFields or their respective participation in ArtFields. Artist and Venue shall defend, indemnify and hold harmless LCPC and CMS and their respective directors, officers, affiliates, agents, and employees, from and against any and all liability, claims, suits, actions, losses and expenses, including costs and attorney fees, relating to or arising out of any claim or demand of any kind or nature which any person or party may make against LCPC or CMS based upon or arising out of the Entry, the Location, or any other claim or demand relating to ArtFields. LCPC and CMS are intended third- party beneficiaries under this Section. The obligations of Artist and Venue under this Section shall be joint and several. 17. GENERAL: This Agreement and all rights and duties under this Agreement shall be governed by, and construed in accordance with, the laws of the State of South Carolina. This Agreement may be amended, modified, superseded or cancelled only by written agreement of Artist and Venue; provided, however, that Section 16 may not be modified without prior written consent of LCPC. This Agreement may be executed in counterparts, by facsimile or e- mailed signature pages or otherwise, each of which when so executed will be deemed to be an original and such counterparts will together constitute one and the same Agreement Neither party may assign this Agreement or delegate any rights to duties without the prior written consent of the other party. 5
Agreed and Accepted: ARTIST: (print artist name) Signature: Date: Mailing Address: VENUE: (print name of venue) (print name of venue contact) Signature: Date: Mailing Address: 6