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HomeMy WebLinkAboutECAT C04-149 Artist/Gallery Agreement_ CONDITIONS GOVERNING ART LOANS TO THE EAGLE COUNTY AIR TERMINAL CORPORATION The Eagle County Air Terminal Corporation ("ECAT") desires to designate exhibition space at the Eagle County Air Terminal Building to showcase artists and galleries ("Artist/Gallery") whose works celebrate themes common to Eagle County and the Eagle County Regional Airport. WITNESSETH: WHEREAS, ECAT owns and operates the Eagle County Air Terminal Building located on the Eagle County Regional Airport in Eagle County, Colorado. WHEREAS, Artist/Gallery is desirous of loaning art to ECAT for display at the Air Terminal Building. WHEREAS, ECAT is willing to display such art pursuant to Artist/Gallery's agreement to the terms and conditions herein. CONDITIONS: 1. The location of display(s) shall be at the sole discretion of ECAT`and shall be subject to withdrawal or movement at any time. The display(s) allowed hereunder are non-exclusive and ECAT reserves the right to use and enjoy the location of the display(s) to the fullest possible extent without unreasonable interference with the display of ArtistlGallery. ~~ 2. The art shall be displayed until such time as either Artist/Gallery or ECAT notifies the other party of its desire to terminate the display. Upon termination for any reason, Artist/Gallery agrees to promptly remove all displays from the Air Terminal Building and restore the same to its condition preceding the ArtistlGallery's use, within seven (7) days of the termination, at Artist/Gallery's expense. Notwithstanding the foregoing, ECAT may at any time remove said displays and store the same. Artist/Gallery agrees to hold ECAT and Eagle County harmless for any damage to property caused by the removal and storage of the displays. If ArtistlGallery fails to pick up and remove stored or displayed exhibits within seven (7) days of the termination notice or upon another date specified by ECAT, Artist/Gallery agrees to be responsible for the cost of storage. Artist/Gallery agrees to be fully bound by all terms and conditions of this agreement during the time the displays are exhibited and/or stored by ECAT. 3. All displays shall be unattended and shall not contain lighting elements of any kind. There shall be no on-site sales of displays. ArtistlGallery may provide artist information, contact information, and business cards that identify off-site gallery and sales information. 4. The size and content of all displays must be submitted to ECAT for approval prior to exhibition. ECAT reserves the right to disapprove of submittals for any reason at its sole discretion. Special consideration may be given to displays that relate to one or more of Eagle County's priority agenda items (i.e. youth, education, safety, aviation, etc.). No approval given .~ by ECAT shall in any way reduce or eliminate the obligations of Artist/Gallery as set forth herein. ECAT reserves the right to approve, in its sole discretion, all art to be displayed to ensure that the displays are not deemed offensive, controversial, immoral or inappropriate for the display in a public building. 5. Artist/Gallery will not display art in any way that violates any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, State of Colorado, County of Eagle, or other municipal, governmental, or lawful authority whatsoever having jurisdiction. 6. Artist/Gallery shall be responsible for the installation of the art displays, at its sole expense. Such installation must be performed during off-peak hours at a reasonable time specified by ECAT. Artist/Gallery shall notify and coordinate with ECAT prior to installation to ensure proper location of the display(s) and to avoid disruption to operations at the Air Terminal Building. All installation and removal shall be supervised by ECAT personnel. Artist/Gallery is responsible for all maintenance and repairs of the art displays, including the regular cleaning of the displays. Artist/Gallery shall repair any damage made to the premises when installing, removing, or maintaining the art displays. 7. Artist/Gallery shall be fully liable for all injuries to persons or damage to property resulting from the installation, display, maintenance, and removal of the art, and shall indemnify and hold harmless SCAT and Eagle County, their commissioners, boards, employees, agents and insurers, from any and all claims, suits, costs, losses and expenses that may in any manner result from or arise out of such uses. ECAT shall not be liable for any loss of displays or for any damage to the displays resulting from any cause whatsoever, and Artist/Gallery agrees to make no claim for any such loss or damage against ECAT and Eagle County, their commissioners, boards, employees, agents and insurers, at any time. 8. ArtistlGallery is responsible for taking actions necessary to obtain copyright protection for any works which are loaned to SCAT for display. By executing this document, the signatory acknowledges that he or she is fully authorized to lend the display(s). Unless otherwise notified in writing by the Artist/Gallery, ECAT may photograph and reproduce the displays in its publications and for publicity purposes. 9. All notices to be given with respect to this Agreement shall be in writing. Each notice shall be sent first class mail, postage prepaid, to the party to be notified at the following address or at such other address as either party may from time to time designate in writing. ECAT Artist/Gallery ECAT Attn: Ovid Seifers Attn: P.O. Box 850 Eagle, CO 81631 With a copy to: 2