Terms & Conditions

BAA Biennial: Showing Up, 2018

ARTIST EXHIBITION AGREEMENT
for the Lichtenstein Center for the Arts
 
AGREEMENT made this ________day of ___________________, 2018   by Artist_______________________________,  the Berkshire Art Association (BAA), and the City of Pittsfield, by and through its Office of Cultural Development;
WHEREAS, the Lichtenstein Center, owned and operated by the City of Pittsfield, by and through its Office of Cultural Development, desires to provide gallery space for the exhibition of works of art by the Artist; and
WHEREAS, the Artist desires to exhibit his or her works of art at the Lichtenstein Center,
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1.               EXHIBITION DATES. October 5 through November 16, 2018;
Awards Reception and First Friday Artswalk Opening, October 5, 2018, 5 - 8 pm.
 
2.               ARTIST OBLIGATIONS. The Artist agrees that:
  1. work delivered for exhibition will be professionally presented, ready to hang;
  2. each piece will be labeled with title, date of execution, artists name; and
  3. via the on-line registration at <baashowingup2018.artcall.org>, the Artist will provide the BAA/Office of Cultural Development a listing of works, including title, date, medium, price/NFS, and an artist statement.
3.               COMMISSION: The Artist agrees that the Berkshire Art Association will handle the sale of any works sold and will charge a commission of 20% on the sale of each work of art sold during the exhibition. The BAA will include a MA sales tax of 6.25% and will pay the State.
4.               PREPARATION AND HANGING OF EXHIBITION.  The Artist agrees that the BAA and City of Pittsfield will be responsible for hanging the Exhibition and that the Artist will neither hang nor take down the exhibition.
5.               DELIVERY/PICK-UP OF WORK. The Artist agrees to deliver his/her artwork to the Lichtenstein Gallery, 28 Renne Avenue, Pittsfield, Massachusetts, on September 27 through Sept 29 (Thurs, Fri, Sat, noon - 4pm); October 1 and October  2 (Mon-Tues, noon - 4pm) or by prior special arrangement; and to pick up artwork on November 17 (Sat, 4 - 6 pm) through November 20 (Tues, noon - 4pm), or by prior arrangement. If art will be shipped, return pre-paid shipping labels must be included; work must be packed in Air Float or similar box that may be used for return with no styrofoam peanuts; work should be insured for its full value. BAA will handle return shipping and notify artist when art has been shipped for return.
6.               RIGHT OF REFUSAL.  It is not the function of the City of Pittsfield to serve as arbiters of taste, and within broad limits each artist is entitled to determine his or her own portrayal of particular scenes, characters, and ideas.  However, the City of Pittsfield shall have the unrestricted right to refuse to display any and all works of art which depicts, portrays or references illegal conduct and /or is determined by the City of Pittsfield in its sole and unfettered discretion to be obscene.
7.               STORAGE OF ART.  If the Artist fails to pick up the artwork within three (3) days after the stated pickup dates, the BAA will remove the artwork for pick up by special arrangement with the BAA.  The City of Pittsfield has no storage room and shall not be responsible for loss, damage, or other casualty to artwork which is not claimed on the agreed pickup date.
8.               RISK OF LOSS. The Artist or his servant, employee, and/or agent shall deliver or ship, at his/her/their sole cost and expense, the artwork to the Lichtenstein Center located at 28 Renne Avenue, Pittsfield, MA  01201. The Artist assumes the risk of loss due to any and all damage to his/her/their artwork during the course of shipment. The Artist also assumes the risk of loss due to any and all damage to his/her/their artwork for the duration of the artwork’s exhibition at the Lichtenstein Center.
9.               PUBLIC RECEPTION. The BAA will provide refreshments for the Awards Reception at an opening on the First Friday Artswalk, October 5th, Friday, 5-8 pm.
10.            NON-ASSIGNABLE. This agreement is not assignable.
11.            INDEMNIFICATION. The Artist agrees to forever release, indemnify and hold harmless the Berkshire Art Association and City of Pittsfield, its agents, employees, successors, and assigns, from and against any and all loss, damage, claims, demands, and liability of every nature, including reasonable attorney's fees, arising directly or indirectly from or in connection with the possession, handling, and exhibition of the subject works of art from the opening date to the closing date, during the time of preparation and the time of taking down the exhibition, any necessary storage time, and any shipping and transportation to and from the gallery.
12.            GOVERNING LAW. This agreement shall be governed by the laws of the Commonwealth of Massachusetts.
13.            NOTICE.  Any and all notices shall be sufficient if furnished in writing and mailed/emailed to such party at the following address:
                  To the City of Pittsfield                    
Shiobbean Lemme, Gallery Manager                  <cultural@pittsfieldch.com>
Office of Cultural Development, City of Pittsfield
28 Renne Avenue, Pittsfield, Massachusetts 01201
                    To the Berkshire Art Association
MaryBeth Eldridge, President       <president@berkshireartassociation.org>
P.O. Box 385, Pittsfield, MA 01202
                       To the Artist                                   
Name:                                                  Email:                                                                Phone:                                                 
 
14.            SEVERABILITY. Should any singular condition or term of this Agreement be held invalid by action of law or courts, then the Agreement, as a whole, shall be held in full force with the exception of the singular condition.
15            FURTHER ACTIONS. Each of the parties agree that it shall hereafter execute and deliver such further instruments and do such further acts and things as may be required or useful to carry out the intent and purpose of this Agreement and as are consistent with the terms hereof.
16.            WAIVER. No waiver of any breach of any of the terms of this Agreement shall be construed or held to be a waiver of any such breach, or a waiver of, or acquiescence or consent to, any future or succeeding breach thereof.
17.            COMPLIANCE WITH APPLICABLE LAWS. The Artist agrees to comply with all applicable laws, regulations and ordinances of Federal, State, and local governments.
18.            AMENDMENT. No alteration or modification of this Agreement shall be valid unless made in writing and executed by each of the parties hereto.
19.            TERMINATION. This Agreement may be terminated by Lichtenstein Center at any time with or without cause and upon immediate notice to the Artist.
20.            ENTIRE AGREEMENT. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreements, whether oral or written, between the parties with respect to the subject matters hereof. 
                  IN WITNESS WHEREOF. The parties hereunto have signed this Agreement as a sealed 
instrument on the day and year first above written,
 
ARTIST    By:                                                                  Name printed:_____________________________

LICHTENSTEIN CENTER      By:                                                           Shiobbean Lemme, Gallery Director

BERKSHIRE ART ASSOCIATION    By:                                                          MaryBeth Eldridge, President