2024 Walk of Art Sculpture Application
Rules and Terms to Apply
Art Rapids recognizes some changes may occur during the process of creating the finished sculpture. If, in the reasonable judgment and opinion of Art Rapids jurors, the finished sculpture is materially different from the concept presented and accepted during the selection process, Art Rapids reserves the right to refuse the finished sculpture for exhibit. It is the responsibility of the Artist to discuss with Art Rapids any changes during the creative process that could be considered materially different.
Agreements & Conditions for Exhibition
The sculpture will be on loan from the Artist to Art Rapids and the Antrim County Day Park in Elk Rapids. The Artist retains ownership of the sculpture throughout the period it remains in the Park. All copyrights pertaining to the sculpture belong to the Artist except for certain rights provided to Art Rapids, which are noted in this Agreement.
The sculpture will be on display continuously for a minimum of one year and a maximum of three years, and will be subject to the sale rights of the Artist explained in this Agreement. The loan period will begin on the date installation is completed, and may be extended beyond three years upon mutual agreement, or terminated at any time at the sole discretion of Art Rapids.
The location of the sculpture in the Park shall be determined by Art Rapids in cooperation with the Artist and approved by Antrim County. The installation period is annually between May 1st and May 20th. Sculptures installed after this period will not be included in the seasonal park map, but will be included on the Art Rapids website. The Artist, working in cooperation with Art Rapids personnel, is responsible for the installation of the sculpture. Upon successful installation, Art Rapids will pay the Artist a stipend of $600.
The sculpture must be installed in a workmanlike manner with sufficient anchoring to prevent the sculpture from being removed, tipped, broken, or overturned. The Artist agrees the sculpture and installation will be completed so that it does not create any known risk to the public. Art Rapids has the right to review the Artist’s proposed installation plans and to modify them to address safety concerns of Art Rapids and/or Park officials.
The sculpture will remain outside and uncovered throughout the loan period, therefore it must be sufficiently durable to withstand exposure to the Northern Michigan weather conditions. Art Rapids will provide signage to prohibit and discourage physical contact with the sculpture by visitors and users in the Park; however the park is not staffed nor patrolled; it is open to the public and the sculpture will not be protected by a barricade, fence or enclosure.
Maintenance and Insurance
Artists are to be aware their sculpture will be exposed to weather and may experience degradation from exposure to the elements and may be damaged by vandals or stolen. Artist may perform maintenance on the sculpture at any reasonable time. If Art Rapids becomes aware of maintenance or repair needs, it will request Artist to complete needed repairs. Should the Artist fail to complete required maintenance within thirty days (or other agreed upon time period), Art Rapids may implement the repairs or maintenance at the Artist’s expense. The Artist and Art Rapids will make reasonable efforts to consult with each other before any maintenance or repairs are undertaken. Neither Art Rapids nor Antrim County will insure the sculpture for damage or loss. The Artist may do so at his or her expense.
Promotional Rights
The Artist grants Art Rapids and Antrim County the right to use any images or portrayals of the accepted sculpture in brochures and advertising for the Park without compensation. The Art Rapids website will include Artist’s bio and statement about the sculpture. Each sculpture will have signage and a QR code directing visitors to the Artist’s personal page on artrapids.net. Art Rapids will request information from Artist for their personal page, including an artist statement and bio.
No royalties or other fees beyond the agreed-upon stipend will be due to or paid to Artist by Art Rapids or Antrim County.
The Artist will seek advanced approval for any organized activity he or she wishes to conduct in the Park relating to the sculpture or Walk of Art exhibit.
Removal of Sculpture
The Artist agrees that Art Rapids and/or Antrim County have the right to request the removal of the sculpture from the Park by the Artist at any time for any reason; the Artist shall do so within thirty days of such a request. At the end of the loan period, or sooner as described in this Agreement, the Artist shall remove the sculpture within thirty days; the Artist is responsible for removal expenses. If the Artist does not remove the sculpture within thirty days, Art Rapids and/or Antrim County may do so and all expenses incurred by Art Rapids or Antrim County to remove and store the sculpture shall be paid by the Artist when he or she requests possession of the sculpture. If Artist does not take possession of the sculpture within 120 days of its removal by Art Rapids, the Artist agrees his or her full ownership of the sculpture shall be forfeited and transferred to Art Rapids.
Sale of the Sculpture
Unless the Artist and Art Rapids otherwise agree in writing, the sculpture shall be for sale during the entire loan period. In the event of a sale, the sculpture shall remain in the Park until it has been on display for one full year, beginning with the date of the loan period. The Artist agrees to notify Art Rapids immediately if the sculpture is sold and the intended removal date. The Artist agrees to pay a commission sum equal to 20% of the gross sale price to Art Rapids upon completion of the sale.
Release, Indemnity and Hold Harmless Provisions
The Artist agrees and understands that neither Antrim County nor Art Rapids has any duty to protect any sculpture, and that the Artist retains full responsibility for any and all loss of or damage to the sculpture and agrees to hold Antrim County and Art Rapids harmless for any and all damage to or loss of the sculpture. The Artist agrees to release, indemnify, and hold harmless Art Rapids and its members and agents, and Antrim County Michigan for any and all damages, liabilities, costs, and attorney fees incurred by one or more of them relating to or arising from this Agreement and/or the Artist’s sculpture and installation thereof in the Park.
In Closing
The Artist and Art Rapids agree Michigan law shall apply to this Agreement. 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.
Artist agrees to abide by all applicable rules and regulations of the Elk Rapids Day Park and Art Rapids. Please sign and submit this agreement with the Artist’s Application.
My signature signifies acceptance of the terms set forth in this agreement and further, my consent to the use of photographs of my work (if accepted for Walk of Art), without compensation, by Antrim County and Art Rapids for any Walk of Art promotional purposes.
