INSTRUCTIONS This agreement is entered into by Tyler Art Lift and the Lender, subject to the Terms and Conditions Governing Loan Agreement. AASH shall retain this agreement in file for the duration of the show. TERMS&CONDITIONS GOVERNING LOAN AGREEMENT 1. Alteration or Change of Agreement The conditions set forth on this form apply to all work(s) loaned to the Tyler Art Lift and cannot be altered, changed, waived or otherwise amended except as agreed upon in writing. 2. Acceptance, Delivery and Return All accepted work is to be hand-delivered to the Arcadia Theater at the Tyler Art Lift calendar take-in date and time. Artists will pick up work at the designated calendar take-down date. 3. Gallery’s Possession and Exhibition of Work(s) Any object loaned to the Tyler Art Lift for exhibition shall remain in its possession, or the possession of other Borrowers participating in the exhibition for which it has been borrowed, for the time specified on the face of this form. If the legal ownership of an object changes while the object is held by the Tyler Art Lift, the new owner will be required to establish his or her legal right to the object in a manner satisfactory to the Tyler Art Lift. It is incumbent upon the LENDER to notify the Tyler Art Lift of any change of address. Tyler Art Lift has sole discretion as to whether, for how long, and in what manner works loaned to it shall be exhibited, if at all. The Tyler Art Lift also has the right to determine which written and interpretive materials will accompany the exhibition. 4. Removal of Work & Penalties Works may not be removed from the exhibit until the finish date of the show unless otherwise agreed. A ten ($10) dollar per day fee will be imposed on all work not picked up after the scheduled take-down date. If work is not claimed within two (2) weeks of that date, it will become property of Tyler Art Lift. 5. Insurance & Care of Work(s) All reasonable care will be taken in the handling of the works. The LENDER will provide Tyler Art Lift with an itemized schedule of all items in the show and the declared value of each item. Tyler Art Lift is not responsible for any damage or loss of the artwork during the show. 6. LENDER’S Own Insurance If preferred, the LENDER may continue its own insurance for the period of the loan. However, the Tyler Art Lift will not accept responsibility for any errors or deficiencies in information furnished to or by the LENDER’S insurers nor for any lapses in coverage. Prior to the installation of the work, the Tyler Art Lift must be supplied with a certificate of insurance providing evidence of coverage for items loaned to the Tyler Art Lift for exhibition. It is understood that any LENDER insuring his or her own loan automatically waives right of subrogation unless information to the contrary is received in writing before the loan leaves the possession of the LENDER. 7. Copyright The Artist reserves all rights to the reproduction of the Work(s) except as noted in writing to the contrary. 8. Reproduction in Promotional Materials Tyler Art Lift, for the purpose of promoting the works of art and exhibition, reproduce loaned works for promotional materials so long as, in each instance, the Artist is credited as the creator of the work(s) and the holder of the copyright. Such promotion of the work(s) and exhibition may include, but not be limited to, posters, flyers, prospectuses, postcards, invitations, e-mails and web-site postings. 9. Venue This agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought to enforce or interpret this agreement shall lie exclusively in a court of competent jurisdiction in Smith County, Texas for actions in state court, and in the Eastern District of Texas, Tyler Division, for actions in federal court. The aforesaid conditions shall apply to all work(s) received by Tyler Art Lift on loan and cannot be altered, changed, waived or otherwise affected except by written agreement of both parties. In signing this agreement, the undersigned warrants, represents, and certifies that he or she is the legal owner or authorized agent of the legal owner of the property described on this form. I understand that failure to meet the requirements of this agreement may result in the cancellation of the loan and/or exhibition.