Alden Art Walk Exhibition Agreement
This is an Agreement (“Agreement”) dated by and between (the “Artist”) and Alden Volunteers, a Michigan non-profit
corporation (“Alden Volunteers”). The Artist desires to display their sculpture in the Village of Alden (the “Village” or “Alden”) and Alden Volunteers desires the benefits of the displays within the Village. In consideration for the mutual promises in this Agreement, the parties agree to the following terms and conditions.
Alden Volunteers is seeking artists for original sculptures to display throughout the Village of
Alden. Selected pieces should showcase art and the natural environment.
As a precondition to displaying the Artist’s work, the Artist shall email digital images or sketches
of the proposed sculpture to (enter email address here) no later than (date). Sculptures for
exhibition will be selected by the Alden Art Walk committee, with final approval by the Alden
Volunteers Board of Directors.
Terms & Conditions for Exhibition
Sculptures will be on loan from the Artist to Alden Volunteers and the Artist retains ownership of the sculpture throughout the period of time it remains in Alden. All copyrights pertaining to the sculpture belong to the Artist except for certain rights provided to Alden Volunteers as noted in this Agreement. The Artist represents and warrants that he or she holds all rights, title and interests in the work of art and possesses all right of ownership and control of the sculpture. It is agreed that the sculpture will be on display continuously for one year. This loan period and this Agreement may be extended by mutual consent of the parties, which consent shall be made no less than 30 days prior to the expiration of the loan period. The loan period will begin on the date installation is completed. The location of the sculpture in Alden Michigan shall be a mutually acceptable site determined by Alden Volunteers and the Artist, and approved by Helena Township or the owner(s) of the property where the sculpture may be located. The Artist, working in cooperation with Alden Volunteers, is responsible for installation of the sculpture. The sculpture must be installed with sufficient anchoring, support and structure to prevent it from being removed, tipped, broken, overturned or cause personal injury and/or property damage. The Artist agrees the sculpture and installation will be completed so that it does not create a risk of personal injury or property damage. The Artist agrees to submit proposed installation plans to Alden Volunteers a minimum of ten (10) days before the sculpture is to be installed. Alden Volunteers will have the right to review and modify these plans if deemed appropriate. Although having no obligation to do so, Alden Volunteers may provide signage for the exhibit that discourages physical contact with the sculpture. However, it is further understood by the Artist that the sculpture will be open to the public during the loan period and will not be otherwise protected. It is understood that the sculpture will remain outside and uncovered throughout the loan period. Therefore, it will be made sufficiently durable to withstand exposure to the Northern Michigan weather conditions.
Maintenance, Risk of Loss and Insurance
The Artist acknowledges that their sculpture will be exposed to weather and may experience degradation from exposure to the elements. There is also a risk that the sculpture may be damaged by vandals or stolen. Artists may perform maintenance on the sculpture at any reasonable time. If Alden Volunteers determines, in its sole discretion, of maintenance or repair needs, it will request the Artist to complete needed repairs. Should the Artist fail to complete required maintenance within thirty (30) days, or other time period agreed to by Alden Volunteers, Alden Volunteers may implement the repairs of maintenance at the Artist ‘s expense and/or remove the exhibit from public viewing in accordance with the “Removal of Sculpture” paragraph below. The Artist and Alden Volunteers will make reasonable efforts to consult with each other before any maintenance or repairs are undertaken.
The Artist, at his or her sole expense, will bear the risk of loss or damage to the sculpture and/or its base. Alden Volunteers will not be responsible or otherwise financially liable for any accident, theft, vandalism or damage to the sculpture or its base from any cause. Alden Volunteers recommends that the Artist obtain and maintain insurance coverage pertaining to the sculpture and its base, at the Artist’s sole cost and expense. It is understood that the Alden Volunteers will not insure nor be expected to insure the sculpture for damage or loss or have any responsibility for such damage or loss.
Removal of Sculpture
The Artist agrees Alden Volunteers has the right to request the removal of the sculpture from the Village of Alden at any time for any reason; and the Artist shall do so within thirty (30) days of such a request. Should the Alden Volunteers deem the sculpture and/or its foundation to present an immediate risk of injury or property damage, they may remove or secure it at any time with notice to the Artist. At the end of the loan period, or sooner as agreed upon, the Artist shall remove the sculpture within thirty (30) days. In all situations discussed in this paragraph, the Artist is responsible for removal expenses. If the Artist does not remove the sculpture within thirty (30) days, Alden Volunteers may do so and all expenses incurred to remove and store the sculpture shall be paid by the Artist before the Artist may take possession of the sculpture. If Artist does not take possession of the sculpture within 120 days of its removal, the Artist agrees his or her full ownership of the sculpture shall be forfeited and transferred to the Alden Volunteers.
Release, Indemnity and Hold Harmless Provisions
The Artist agrees and understands that the Alden Volunteers, and its officers, directors and members, have no duty or obligation to protect any sculpture. The Artist agrees to release, indemnify, and hold harmless Alden Volunteers, and its officers, directors and members, for any and all claims, damages, liabilities, injuries to a person (including death), loss, expenses, costs,
and attorney fees incurred by one or more of them relating to or arising from this Agreement and/
or the Artist sculpture and/or the installation, display and/or removal thereof.
This Agreement contains the sole and entire agreement between the parties pertaining to the display of the art works and shall supersede any and all other agreements between the parties, oral or written, pertaining to the subject matter hereof. This Agreement may not be modified or amended except in writing and agreed upon by the Artist and Alden Volunteers. The Artist and Alden Volunteers agree Michigan law shall apply to the Agreement and that the proper jurisdiction and venue for any dispute shall be the Antrim County circuit Court. They further agree if any part of this Agreement is found to be null and void or otherwise
unenforceable, all other parts of the Agreement shall remain in full force and effect. The obligations under this agreement are personal to the Artist and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express
written consent of the Alden Volunteers.
Unless otherwise provided herein, all notices shall be given by e-mail and regular mail to:
If to Alden Volunteers: Alden Volunteers – P.O. Box 55, Alden, MI 49615
The Artist signature signifies acceptance of terms set forth in this agreement and consent to the use of photographs of the Artist displayed sculpture without any compensation from the Alden Volunteers for any promotional purposes.