Exhibitor/Gallery Contract

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EXHIBITOR/GALLERY AGREEMENT
Campus Name Campus Gallery
Florida State College at Jacksonville
Campus Street Address
City, Florida 322zip
This Agreement is made as of Month and Day, 20Year, (“Effective Date) by and between Florida State
College at Jacksonville, (the “College”) for the benefit of its Name of Gallery Campus Gallery located at
the address set forth above (the “Campus Gallery”) and Legal Name of Exhibitor (the “Exhibitor”).
Whereas, College and Exhibitor desire to exhibit certain artworks owned by Exhibitor at the Campus
Gallery.
Now, therefore, in consideration of the recitals and the mutual promises contained herein, the parties
hereby agree as follows:
Authorization
The Exhibitor hereby authorizes the Campus Gallery to exhibit his or her works in a show. Exhibitor
represents and warrants that it owns the copyright of the works of art to be exhibited by the Campus
Gallery.
Title of exhibit: Title
Brief description of artworks: Description
Exhibit Dates: Dates
Upon the conclusion of the show and return and/or abandonment of the artworks, this Agreement shall
terminate.
Deadlines
The Exhibitor agrees to adhere to the deadlines set forth in this Agreement. Failure to supply requested
documents or to complete agreed upon tasks may result in cancellation of the exhibition by the Campus
Gallery, in its sole discretion, and will also relieve the Campus Gallery of responsibility to provide
services contingent on requested information and exhibitor involvement.
Exhibit Content and Installation
The Campus Gallery and College have complete discretion over the content and the arrangement of the
exhibit. This includes the right to remove works or restrict access in any way they see fit. The Campus
Gallery is responsible for installing the exhibit, however the Exhibitor may be required to assist or
provide additional instruction in regards to special installation concerns.
Responsibility for Loss or Damage
No less than Number of Type Days or Weeks before the work arrives at the Campus Gallery, the
Exhibitor must supply a completed insurance form listing all work to be delivered for all work that is
valued at $10,000 or less. For works that are valued at $10,000 or more Exhibitor must supply the
completed insurance form no less than two weeks before the work arrives at the Campus Gallery. The list
should include the title, dimension, medium, description and value of each piece of work. If the form is
not supplied on time it is assumed that the Exhibitor does not expect the Campus Gallery to insure the
works and waives all liability for loss or damage to those works. If the Exhibitor chooses to make last
minute additions to the insurance form or delivers additional work not listed on the form it is assumed
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that the Campus Gallery will not be responsible for these particular works. To the extent that Exhibitor is
maintaining any insurance on the artwork(s) College shall be supplied with a certificate of insurance
naming the College as an additional insured. To the extent that Exhibitor fails to supply such evidence of
insurance then College shall be deemed to be released from any liability in connection with the artworks.
College accepts no responsibility for any error or deficiency of information to the Exhibitor’s insurers or
lapses of coverage.
All reasonable and appropriate efforts will be made to secure and mount works safely, however the
Campus Gallery will not assume responsibility for any damage incurred during installation due to
improper construction or framing. The Campus Gallery will not assume liability for works that arrive
damaged or broken.
Proof of Value in the Case of a Loss
Exhibitor must furnish the following documentation for proof of value in the case of a loss to a work of
art;
 A written appraisal by an accredited art appraiser is required for any artwork which is valued at
$10,000 or greater.
 Professional artists and art collectors must furnish proof of previous sales of similar works, or
appraisals in order to document the value of a loss.
 Non-professional artists or art students must furnish receipts or evidence of previous sales, proof
of the cost of time and materials, photographs of the artwork, appraisals of remaining works, or
evidence satisfactory to College, in its sole discretion, to substantiate the value of their artwork at
the time of the loss.
In the event that Exhibitor does not furnish proof of value as set forth above, then the value, if any, will be
determined by the Campus Gallery, in its sole discretion.
Publicity
Exhibitor agrees that the Campus Gallery has the right to promote and publicize the exhibition through
press releases, advertisements, web media and mailings at its sole discretion. Exhibitor agrees to
coordinate any and all publicity through the Campus Gallery. Any additional publicity efforts on the part
of the Exhibitor must be done with the full knowledge and consent of the Campus Gallery and at the
expense of the Exhibitor.
Appropriate imagery in the form of slides, photographs or digital images must be supplied to the Campus
Gallery no less than Number of days prior to the opening of the exhibit. If images are not supplied in a
timely manner the Campus Gallery may produce advertising without images or decline to provide any
advertising.
Photographic, Digital and/or Film Imagery of Artworks
Unless Exhibitor specify some restrictions and conditions under which photographic, digital and/or film
imagery related to the exhibit can be recorded and used, then College may take any images of the works,
the exhibit, the related events such and lectures and studio visits, and the Exhibitor. Notwithstanding any
restrictions and conditions set forth below, imagery may be used to record and document the exhibit, to
create educational tools for College use, and to create promotional materials for College related purposes.
All imagery created by the Campus Gallery is the property of College and may be used for its purposes
without compensation to the Exhibitor. The Exhibitor may obtain copies and use these materials at the
discretion of the Campus Gallery and with certain written stipulations.
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Receptions
The Campus Gallery may coordinate and fund a reception for the exhibit in its sole discretion.
Sales
The Campus Gallery will forward to the Exhibitor any names of patrons interested in purchasing
exhibited works. It is understood that the Exhibitor operates independently of the Campus Gallery and is
solely responsible for any sales made during or as a result of the exhibit. This includes coordination of
the sale, delivery of the artwork to the patron, receipt of payment and remittance of taxes. The Campus
Gallery will not take commissions for the sale of work.
Packaging and Transport of Work- Check one box only (If not checked then No. 1 shall be deemed
to be the choice)
__1. The Exhibitor is solely responsible for the delivery and return of work to and from the Campus
Gallery. The Campus Gallery will not accept responsibility for any costs incurred by the Exhibitor or any
damages sustained during the delivery and return of work. All work must be picked up by the Exhibitor
between the close of the exhibition and End Date of Exhibit. If the Exhibitor does not pick up the work in
a timely manner and attempts by the Campus Gallery to make alternative arrangements are not successful,
the Campus Gallery will consider the work abandoned. Abandoned work will become the property of the
College and may be exhibited, sold or disposed of as it sees fit.
__2. The Exhibitor is responsible for the delivery of work and all costs incurred in that process. Work
must be packed in or delivered with appropriate packing materials, sturdy boxes and/or crates to insure a
safe return. The Campus Gallery will not be responsible for any work that arrives damaged and will not
accept liability until the work has been unpacked and examined. The Campus Gallery is responsible for
the return of the work and all costs incurred in that process. The choice of shipping method is at the
discretion of the Campus Gallery.
__3. The Campus Gallery is responsible for the delivery and return of work and all costs incurred in that
process. The Exhibitor is responsible for insuring that the work is packed securely and adhering to all
packing regulations mandated by the shipper. The choice of shipping method is at the discretion of the
Campus Gallery.
Notifications
If to College:
Gallery Coordinator Name
Campus Name
Florida State College at Jacksonville
Mailing Street Address
City, State and Zip
Gallery Coordinator's Phone Number
with a copy to:
General Counsel
Florida State College at Jacksonville
501 West State Street, Suite 403
Jacksonville, FL 32202
If to Exhibitor:
Exhibitor's Legal Name
Mailing Street Address
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City, State and Zip
Exhibitor's Phone Number
Entire Agreement; Modifications
This represents the entire Agreement between the Exhibitor and College and supersedes all prior
negotiations, whether oral or written. Amendments to this Agreement must be in writing and signed by
both the Exhibitor and College.
General Provisions
1. The parties hereto acknowledge and agree that College is a political subdivision of the State of Florida.
As such College’s performance under this Agreement and any amendments hereto or attachments
herewith, shall at all times be subject to any and all Florida laws, Florida regulations and District Board of
Trustees Rules which are applicable to the College’s operations, commitments and/or activities in
furtherance of any terms specified herein. The parties acknowledge the performance of the Campus
Gallery under this Agreement is subject to the limitations and provisions of Section 768.28, Florida
Statutes regarding sovereign immunity (the limitation and provisions of which are not waived, altered, or
expanded by anything herein).
2. Exhibitor acknowledges that College, as a political subdivision of the State of Florida is subject to the
provisions of Chapter 119, Florida Statutes regarding public access to records.
3. The validity, interpretation and enforcement of this Agreement shall be governed by the laws of the
State of Florida. Venue for any cause of action shall be in a court of competent jurisdiction in Duval
County, Florida.
4. A delay in or failure of performance of either party that is caused by occurrences beyond the control of
either party shall not constitute a default hereunder, or give rise to any claim for damages.
In witness whereof, the undersigned have executed this Agreement as of the Effective Date with the
intention to be bound by the provisions hereof.
Exhibitor's Legal Name
Florida State College at Jacksonville
By: ______________________________
Printed Name of Signer if an organization
By: __________________________
Printed Name of Signer
Title of Signer for organization
Federal ID #
305-09 Exhibitor/Gallery Agreement 03/01/2011
Title of Signer
Federal ID # 59-1149317
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