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 305-09 Exhibitor/Gallery Agreement 03/01/2011 1 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. 305-09 Exhibitor/Gallery Agreement 03/01/2011 2 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 305-09 Exhibitor/Gallery Agreement 03/01/2011 3 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 4