R. G. Endres Gallery, State of the Arts Art and Exhibition Loan Agreement This agreement is made and entered into by the City of Prairie Village, hereinafter called “The City”, and the artist, hereafter called “Artist/Owner”, as of the dates shown below. 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 hereafter called “the Gallery”. Exhibition Title: Prairie Village State of the Arts 2019 Exhibition Dates: September 30th 2019 through November 1st 2019 Whereas the Artist/Owner desires to display the preceding artwork at the Exhibition, hereafter called “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 represents that the title, medium, dimensions, price (for sale) and insurance value contained in the Agreement are accurate and correct. 3. The Artist/Owner agrees to clearly and accurately complete an Accepted Artwork Form to the Prairie Village Municipal Offices, 7700 Mission Road, Prairie Village, KS 66208. 4. The Artist/Owner agrees to deliver the artwork to the Gallery at the Artist/Owner’s expense between noon and 3:00 pm on Saturday, September 28th, 2019. If you are unable to bring your work on this day, please make arrangements to have it delivered. Shipped pieces will require a $10 processing fee for unpacking and repacking of the work. (Fee is waved if work sells) All shipped work must have a prepaid return label included in packaging. Failure to deliver Artwork during this specified time may result in the cancellation of the Artist/Owner’s participation in the Exhibition. The decision to cancel the Artist/Owner’s participation in the Exhibition is at the sole discretion of the City. 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 one 1/4" hook (or larger) on each side 10 % down from the top, smaller pieces may be hung by wire, and/or otherwise in a condition to ensure the Artwork is ready for wall-mounted installation upon delivery to the Gallery. The Artwork shall be of the structural integrity to be installed and displayed for the duration of the Exhibition. 7. If the Artwork is not labeled or ready for installation, 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 from September 28th, 2019 through November 1st, 2019 as part 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 are responsible for loss or damage to artwork, regardless of the cause of such loss or damage (including loss or damage caused by negligence of The City or its director, curator or anyone under the employ or volunteer of The City. The City cannot and does not guarantee the art piece(s) will be insulated from loss, damage and/or theft. 10. The City is not responsible for damage of art work in transit to and from the gallery or if art work is left after designated pick up date.". 11. If the Artist/Owner elects to maintain his/her own insurance during the period of the loan, the City shall be supplied with a certificate of insurance naming the City as an additional insured or waiving subrogation against the City. Otherwise, this Agreement shall constitute a release of the City and its assigns from any liability in connection with the loaned Artwork. The City accepts no responsibility for any error or deficiency of information to the Artist/Owner’s insurers or for lapses in coverage. 12. The Artist/Owner understands and agrees that all decisions regarding the display of the Artwork during the Exhibition is within the sole discretion of the City and its assigns. 13. The City agrees to provide publicity for the Exhibition. It is expected that the artist provide reciprocal publicity though their website, mailing list, social media, etc. for the Exhibition. 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 40% less than the Sales Value authorized by the Artist/Owner above. If the Artwork is sold by the City, the Artist/Owner agrees the City will retain 40% 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 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 and 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 9AM and noon on Saturday, November 2nd, 2019. If the Artwork is not removed by noon, the Artist/Owner will be charged a storage fee of $10.00 per day until the Artwork is picked up. 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 contract. 18. All art piece(s) shall be appropriate for the many functions the Building serves. 19.All art piece(s) shall be displayed in a manner that will not: 1. deface the Building or surrounding City property: 2. block Building entrances, exits and/or hallways: 3. violate any City ordinance: or 4. impede working conditions or public meetings. 20. All art piece(s) shall be securlely placed, to avoid injury to any persons present in the Building. 21. The Prairie Village Arts Council is authorized to remove any art piece(s) in violation of: Paragraphs 18, 19, or 20 above. The City nor its directors, officers, employees or volunteers wil be held harmless for any and all claims resulting from the removal of artwork pursuant to paragraphs 18, 19, or 20 above. 22. This agreement shall be governed by the laws of the State of Kansas.