Prairie Village Arts Council Exhibition Loan Agreement 

This Exhibition Loan Agreement is made and entered into by the City of Prairie Village (the “City”), and the artist listed on the attached form (“Artist/Owner”), as of the dates shown below (the “Agreement”). Whereas the City is sponsoring an art exhibition in the Prairie Village Municipal Offices’ R. G. Endres Gallery, 7700 Mission Road, Prairie Village, KS 66208 (“the Gallery”), under the exhibition title: Prairie Village Arts Council’s State of the Arts 2025, for the previously agreed upon dates (the “Exhibition”). Whereas the Artist/Owner desires to display artwork(s) at the Exhibition described as on the attached form with the following title(s) given to such work(s) by the Artist/Owner: as shown on the attached form (collectively,  “Artwork”). Now therefore, the City and the Artist/Owner agree to the following Terms and Conditions: 

1. The Artwork listed and described above is hereby consigned by the Artist/Owner for the Exhibition at the Gallery and is warranted by the Artist/Owner to be his/her own original creation.
2. The Artist/Owner agrees to clearly and accurately complete an Accepted Artwork Form and deliver to the Prairie Village Municipal Offices, 7700 Mission Road, Prairie Village, KS 66208. The Accepted Artwork Form must be delivered prior to the Artwork being displayed.
3. The Artist/Owner represents that the title, medium, dimensions, sale price, and insurance value contained in the Accepted Artwork Form are accurate and correct.
4. The Artist/Owner agrees to deliver the Artwork to the Gallery at the Artist/Owner’s expense between 9:00 a.m. and 9:30 a.m. on Saturday, as indicated in the Call. If Artist/Owner is unable to deliver the Artwork at this prescribed time, the Exhibition curator may, in their sole discretion, agree to other arrangements for timing and/or location of delivery of the Artwork.
5. The Artist/Owner agrees to have a copy of their Accepted Artwork Form attached to the back of their Artwork at the time of delivery to the Gallery.
6. The Artist/Owner agrees to have the Artwork properly framed, with wire (not string) attached to 1/4" D-ring hooks* (or larger) on each side 10 % down from the top. The Artwork’s framing and hanging hardware shall be of sufficient structural integrity to be installed and displayed for the duration of the Exhibition.
7. If the Artwork is not labeled or ready for installation during the time of delivery identified in Section 4, it will not be included in the Exhibition.
8. The City agrees to acknowledge receipt of the Artwork to the Artist/Owner in writing and to exhibit the Artwork at the Gallery as a part of the Exhibition, and for the duration of the Exhibition.
9. The City will take the greatest care in handling all Artwork; however, neither the City nor its directors, officers, employees, or volunteers (including the Exhibit curator) are responsible for loss or damage to Artwork, regardless of the cause of such loss or damage, including without limitation loss or damage caused by negligence of the City or its director, officers, employees,  or volunteers (including the Exhibit curator). The Exhibit is in a public building which is generally accessible, and therefore the City cannot and does not guarantee the Artwork will be insulated from loss, damage, and/or theft.
10. The City is not responsible for damage of Artwork in transit to and from the Gallery or if Artwork is left after designated pick up date identified in Section 16.
11. Artist/Owner shall maintain their own insurance during the period of the Exhibition loan, and shall supply the City with a certificate of insurance naming the City as an additional insured or waiving subrogation against the City. The City accepts no responsibility for any error or deficiency of information to the Artist/Owner’s insurers or for lapses in coverage. If Artist/Owner fails to have a proper policy in effect during the Exhibition loan, Artist/Owner specifically agrees and acknowledges that this Agreement shall constitute a release of the City and its assigns from any liability in connection with the loaned Artwork. If the Artwork in its totality is valued by Artist/Owner to be less than $5,000.00, Artist/Owner may choose not to insure the Artwork; in the event that Artist/Owner does not maintain their own insurance covering the Artwork under the preceding, Artist/Owner specifically agrees and acknowledges that this Agreement shall constitute a release of the City and its assigns from any liability in connection with the loaned Artwork.
12. The Artist/Owner understands and agrees that all decisions regarding the display of the Artwork during the Exhibition are within the sole discretion of the City and its assigns.
13. The City agrees to provide reasonable publicity for the Exhibition. It is expected that the Artist/Owner will provide reciprocal publicity through their website, mailing list, social media, etc., for the Exhibition. Any such publicity provided by Artist/Owner shall not claim to be the views or opinions of the City.
14. The Artist/Owner agrees that during the Exhibition the City may either sell the Artwork or acquire it through a purchase award. If the Artwork is acquired by the City, the purchase price will be forty percent (10%) less than the sale price authorized by the Artist/Owner in their Accepted Artwork Form. If the Artwork is sold by the City, the Artist/Owner agrees the City will retain ten percent (10%) of the authorized sale price. Any purchaser award or balance of proceeds from the sale of the Artwork will be delivered to the Artist/Owner thirty (30) days after the close of the Exhibition. All sales will be supported with the appropriate documentation indicating the item sold, the purchase price, and the name and address of the purchaser.
15. The Artist/Owner represents and warrants that he/she owns the copyright to the Artwork including all rights to exhibit, reproduce, and sell the Artwork. The Artist/Owner consents to the imaging (including photographing) of the loaned Artwork and hereby grants the City an unrestricted perpetual royalty-free license to retain and use on a permanent basis for educational, instructional, demonstration, promotional (including advertising of any nature), or administrative purposes of the image(s) of the Artwork in any media at the discretion of the City. The City agrees, however, that it does not obtain any copyright interest in the Artwork.
16. The Artist/Owner agrees the Artwork will be picked up by the Artist/Owner or his/her agent between 8:30 a.m. and 9:00 a.m. on Saturday, as indicated in the Call. If Artist/Owner is unable to pick up the Artwork at this prescribed time, the Exhibition curator may, in their sole discretion, agree to other arrangements for timing and/or location of pickup of the Artwork. If the Artwork is not removed by 10:00 a.m., and other arrangements were not previously made, the Artist/Owner will be charged a storage fee of $10.00 per day until the Artwork is picked up. Any Artwork unclaimed thirty (30) days after the date of Exhibition closing will become property of the City at no cost to the City, to be used, sold, or otherwise disposed of in City’s sole and absolute discretion without any remuneration to Artist/Owner.
17. The duly authorized representative of the City signing the contract does so only in a representative capacity and does not assume any personal liability for meeting the terms of the Agreement.
18. All Artwork shall be appropriate for the many functions the Gallery and its surrounding building serve.
19. All Artwork shall be displayed in a manner that will not i) deface the Gallery or surrounding City property; ii) block entrances, exits and/or hallways of the Gallery or its surrounding building; iii) violate any City ordinance; or iv) impede working conditions or public meetings.
20. All Artwork shall be securely placed, to avoid injury to any persons present in the Gallery.
21. The Prairie Village Arts Council is authorized to remove any Artwork which is in violation of any part of this Agreement, including without limitation in Sections 18-20. Artist/Owner will release and hold harmless the City, its directors, officers, employees, and volunteers (including the Exhibit curator) for any and all claims resulting from the removal of Artwork pursuant to the Agreement.
22. This Agreement shall be governed by the laws of the State of Kansas.