Legal Agreement

• If accepted, I agree to loan the Center for Arts & Community Enrichment (CACE) and Morgan Community College the artwork associated with my submission at no cost to CACE and the college. I understand that I will be required to sign CACE’s exhibition contract and will be responsible to uphold the terms and conditions identified in that contract.

• CACE Gallery shall retain a 10% commission from the sale of artwork in the exhibition, including sales that occur as a direct result of the exhibition for up to 30 days following the close of the exhibit.

• In exchange for CACE’s exhibition of the artist’s work, the artist grants CACE the right to represent the artist in the sale of the artwork by CACE Gallery. Retail sales price for each artwork will be established by the artist. The artist is to include gallery commission in the price listed. CACE will exert all reasonable efforts to close sales of represented artwork. CACE reserves the right to determine the terms of payment (cash, credit card, deferred or installment payments).

• I certify that the loaned property is in such condition as to withstand ordinary strains of packing and transportation and handling. CACE Gallery is not responsible for any damage, breakage, replacement or cost associated with any damage or breakage that may have occurred during transport or unpacking. Every precaution will be taken in handling the entries, but CACE Gallery assumes no liability for any loss or damage to any artist’s work while in our care, custody, or control, before, during, or after the exhibition. Each artist, if they wish, needs to provide their own insurance.

• I am responsible for delivering the artwork to the CACE Gallery no later than 24 hours prior to the exhibit opening. I am responsible for removing the artwork from CACE Gallery within 24 hours of the exhibit closing as specified in the contract. Any work left at CACE Gallery 14 days after the close of the exhibition will be subject to a $5.00 per day storage fee. Any work left at CACE Gallery for more than one month is subject to sale or disposal without notification.

• If shipped, I understand that CACE representatives will unload and unpack the artwork and it will be handled by CACE personnel. I further understand and agree that CACE or Morgan Community College will not clean, restore, reframe or otherwise alter the loaned property unless agreed upon in writing by me. While every effort will be made to incorporate my display recommendations, I understand the CACE personnel is ultimately responsible for hanging artwork, preparing for display, and deciding the appropriateness of the pieces once delivered to the gallery.

• If unable to be present at the conclusion of the exhibit, the artist will provide CACE written packing instructions, cases, and a case list. Additionally, the artist agrees to provide return postage or prepaid shipping. CACE shall repack and reload the artwork at the conclusion of the exhibition on behalf of the artist if the artist or his/her representative is unable to provide these services.

• I understand that CACE will give prompt notice to me in writing in the case of damage and/or loss to the loaned property at the time of receipt or while in the custody of CACE.

• I understand that CACE shall not make any alterations or repairs to the loaned property without prior written approval from me unless the artwork has become a health or safety hazard.

• CACE and Morgan Community College shall be permitted to photograph, film and videotape the artwork for reproduction in its publications, for advertising, and for publicity purposes connected with the Exhibition, gallery, and future calls for artwork. Photographs may be made and retained on a permanent basis by CACE and Morgan Community College for educational, historical reference, and instructional purposes and the photographs may be used for non-commercial programs and purposes by Morgan Community College.

• It is understood that the exhibition may be photographed by the general public.

• CACE and Morgan Community College are not required to maintain insurance on the artwork.

• I agree to and shall defend, save, hold and keep harmless and indemnify CACE and Morgan Community College and its employees, agents, officers, directors and students from and for any and all claims and liability for losses of or damage to property or injuries to persons including claims, demands, judgments, costs, damages, reasonable attorney’s fees, and expenses of any nature whatsoever occasioned wholly or in part by or resulting from any acts or omissions by me or my agent(s), arising out of the activities connected with the Exhibition, except to the extent that such loss or damage was caused by the negligence or willful misconduct of CACE, Morgan Community College, its employees or agents.

• If the Exhibition cannot take place, in whole or in part, because of an Act of God, National Emergency, war, labor dispute, fire, casualty or other unforeseen occurrence or any other cause beyond the control of CACE or Morgan Community College or which these two identified parties are unable to avoid by exercise of due diligence, CACE and Morgan Community College shall have no obligation or liability whatsoever to me as a result thereof.