Terms & Conditions

Front Porch Gallery EXHIBITION LOAN AGREEMENT 

This is a copy of the contract you will be asked to fill out at the gallery upon delivering your artwork. You can also print and fill out in advance.

This Exhibition Loan Agreement (“Agreement”) is made as on __________ (month/day), 2024,  between Front Porch Gallery (FPG), located at 2900 Carlsbad Blvd, Carlsbad, CA 92008, and _______________________ (“Artist”). 

Whereas the Artist has created and owns the artwork(s) (the “Artwork”) listed in the Artwork List and  agrees to exhibit the same; and whereas the FPG agrees to exhibit the Artwork in the Exhibition detailed in  Section I below; the parties agree as follows:  

I GENERAL INFORMATION – EXHIBITION  

Exhibition Title: "Mentors: Collaboration and Inspiration"  Exhibition Dates : August 14 - October 9, 2024   Opening Reception: August 17, 2024  Gallery Hours: Wednesday – Friday 11am - 5pm, and Saturday11-4 or by appointment  Exhibition Representative and Contact:  Cathy Carey Program Director  Office: 760-299-1360 Email: ccarey@frontporch.org  

II ARTIST 

Name: __________________________________________ Phone: ________________ Address: _______________________________________________________________  Email: _________________________________________________________________ 

III ARTWORK LIST AND DOCUMENTATION 

Prior to the Exhibition, the Artist agrees to complete the Artwork List, attached hereto and made a  part of this Agreement, for each artwork the Artist provides for the Exhibition. The Artist shall provide  all applicable cataloging information for each artwork, including: title, media, date, edition size,  height x width x depth of artwork noted in inches (if photography, note both the image size and sheet  size, and framed size if framed), retail price (including frame if framed), and digital photographs of all  artwork contributed to the Exhibition.  

IV ARTWORK SELECTION 

FPG’s curatorial team may accept or reject artworks at its discretion.  

V SHIPPING 

A. Delivery of Artwork: Artwork will be delivered or shipped to the Exhibition as follows: Receiving address  Front Porch Gallery 2900 Carlsbad Blvd, Carlsbad, CA 92008 via ___________________________ (shipping agent) to arrive by __________ (date) before the Exhibition. 

It is the responsibility of the Artist to ensure that the artwork is delivered to FPG by the date specified in Part A above. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of artworks from the Artist to the FPG, are the responsibility of the Artist. 

B. Shipping and Packing Materials: Shipping crates, containers, boxes, and packing materials are the responsibility of the Artist. The shipping materials should be designed so that they can be reused for return shipping. FPG is responsible for storing the original shipping materials for repacking the Artwork. If the Artist or FPG has special packing and shipping requirements, such requirements should be communicated in advance to the other party.

C. Return of Artwork: Artwork shall be returned to the Artist in the same manner as it was delivered  to FPG as soon as is reasonably possible following the end of the Exhibition. It is the responsibility  of FPG to return the Artwork to the Artist in good condition. Packing and shipping charges,  insurance costs, other handling expenses, and risk of loss or damage incurred in the return of  artworks from the FPG to the Artist, are the responsibility of the FPG. 

If the Artwork was personally delivered to FPG by Artist or a representative of the Artist, it is the  responsibility of the Artist or the Artist’s representative to collect the Artwork at the conclusion of  the Exhibition. FPG will facilitate the return of the Artwork to the Artist during gallery open hours. If  the Artwork is not picked up within sixty (60) days after the conclusion of the exhibition, FPG may,  at the Artist’s expense (1) deliver the work to an agreed third party to be stored and insured; (2)  continue to retain the property for its own purposes; (3) otherwise store the Artwork in any  manner FPG may elect; or (4) dispose of the Artwork as FPG sees fit. FPG reserves the right to bill  the Artist or exhibition curator a daily storage fee at normal facility storage rates. It shall become  the responsibility of the Artist or the Artist’s designee to request the return of the Artwork and pay any outstanding fees prior to its return.  

If the Artwork was delivered to FPG by mail, Artwork will be repacked in the original packing  materials and shipped to the Artist address specified above. If the Artist wants the Artwork to be  shipped to any other location, then the Artist must provide the alternate address in writing to the  FPG before the closing date of the Exhibition and obtain the written confirmation that FPG staff has  modified the return shipment address in their records.  

Upon return or delivery of the Artwork to the Artist, the Artist shall sign the Loan Return section at  the bottom of the Artwork List and return it to FPG within thirty (30) days either by mail or email;  otherwise FPG will consider that the condition of the Artwork is acceptable to the Artist and that the  Artist has no claims for loss or damage.  

D. Artwork Sales: If the artwork is for sale and sold during the term of this Agreement, Artist or  Buyer will be responsible for all storage, customs, packing, and/or shipping charges incurred in  connection with or caused by the sale, including all outgoing shipping costs, regardless of  destination. FPG will facilitate the collection of the sold artwork by the Buyer from the gallery at   2900 Carlsbad Blvd, Carlsbad, CA 92008 during regular operation hours. If the Buyer is not able to collect the artwork,  Artist is responsible for ensuring that the Artwork reaches the Buyer.  

E. Undeliverable Shipments: If shipment of the Artwork to the Artist’s address fails to be delivered despite all reasonable efforts by FPG, and no alternate address or instructions are provided by the  Artist, then FPG will place the Artwork in storage at the Artist’s risk and expense. It is then the  responsibility of the Artist to collect the Artwork from FPG. Furthermore, FPG reserves the right to bill  the Artist or exhibition curator a daily storage fee at normal facility storage rates.    

VI CONDITION ASSESSMENT  

The Condition Assessment section of the attached Artwork List is to be filled out by the Artist and  accompany the Artwork before the Artwork is delivered from the Artist to FPG. FPG agrees to make an  entry on the Condition Assessment section for each Artwork upon arrival to and at the close of the  Exhibition before the artwork is returned. 

If, at any time, the condition of the Artwork differs from the condition reported by the Artist on the  Condition Report, FPG will document the current condition of the Artwork and will notify the Artist of the  change in condition immediately. 

VII LIABILITY AND INSURANCE; REPORTING OF LOSS OR DAMAGE 

The Artist certifies that the Artwork is in such condition as to withstand the ordinary stress and strains  of packing, transportation, installation and display. The Artist shall be responsible for all repairs to  Artwork necessitated by Artist’s faulty workmanship. FPG shall not be liable for damages caused by or  that resulted from the Artist shipping and delivering the Artwork to FPG.  

FPG will insure the Artwork during the period in which the Artwork is in its voluntary possession up to  the maximum of $10,000, subject to verification of value of the artwork through past sales. Artists  must indicate the insurance value of the Artwork in the attached Artwork List. If no value is specified  by the Artist, FPG will insure the artwork at FPG’s estimated valuation (maximum: $10,000), and, in such  event, the Artist s to accept such valuation. Once insurance value is assigned, the artwork will be  insured at the agreed value for the duration of the loan. If an artwork that has been industrially  fabricated is damaged, FPG’s liability shall be limited to the cost of repair or replacement necessary to  restore it to the condition in which it was received.  

In case of loss or damage, the Artist will provide proof of previous sales of similar artworks to  document the value placed on the Artwork in the Exhibition. Any loss or damage that occurs on the  Exhibition premises will be reported within one week of the occurrence to the Artist. A written  description of the loss or damage, with photographs and a statement of how it occurred must be sent  by FPG to the Artist by mail or email.  

No alteration, repair or restoration of the Artwork may be undertaken without written authorization  from the Artist.  

VIII PHOTOGRAPHY 

FPG, participating organizations and curators may photograph, digitize, film, and broadcast the  Artwork in the Exhibition for publicity, documentary, educational and archival purposes or to report  damage or other such findings to the Artist. Visitors will be allowed to photograph the Artwork while  on display at the Exhibition.  

IX PROMOTION 

A. Press and Marketing. FPG will, in the normal course of business, make reasonable and good faith  efforts to promote exhibitions and artworks to buyers, but no specific marketing or promotional  activities are promised as part of this Agreement, regardless of whether artworks are consigned  for exhibition or general inventory.  

At its own discretion, FPG may promote artworks in any number of ways including, but not limited  to: website promotion, social media marketing, email campaigns, press releases, postcards, price  lists, opening reception, providing customer interface. However, no guarantees or promises are  made as to these efforts or results.  

• Artist will provide a digital copy of the following materials:  

• Artist Biography 

• Artist Statement of Collaboration and Inspiration

• Description of the Artwork in the attached Artwork List  

• Images of at least one artwork planned for the Exhibition. All images must be digital in  JPG  format and at 300dpi. 

B. Gallery Events. FPG will host an opening reception event and, if applicable, a series of public  programs to take place in conjunction with the exhibition that serve to provide opportunities for  visitors to engage with the exhibition and promote the awareness of FPG’s work. The Artist is strongly encouraged to support FPG’s efforts and facilitating at least one of the following programs:  workshop, demonstration, in-gallery lecture, speaker panel, community discussion, guided gallery tour, performance, presentation, film screening, or any other applicable program that creates an  opportunity to engagement for FPG’s community. The Artist’s participation is to be determined on a  case-by-case basis and to be agreed upon by both the Artist and FPG staff.  

X INSTALLATION 

It is the responsibility of the Artist to ensure that the artwork is delivered to FPG by the date  specified in Section V, Part A above. All wall-mounted artwork, paintings and prints must be framed,  wired and matted. Objects, sculpture and jewelry must be ready for installation.  PLEASE NOTE: Two-dimensional work must be wired with sufficient gauge to support the weight of the work and be ready to hang. If your work requires atypical hanging, please contact the Gallery prior to delivery dates for clearance. Special hanging, display and/or lighting requirements will be at the discretion of the Front Porch Gallery (FPG) staff. No saw-tooth hangers

FPG shall use reasonable efforts to present the Artwork in an appropriate and professional manner. FPG will provide light, power and installation infrastructure such as wall paint and simple hardware when  possible. It is the responsibility of the Artist to provide specific display materials, including but not  limited to tools, hardware and electronics. FPG has a limited supply of power chords and video (TV)  monitors available upon request. Any special mounts or installation instructions, directions or  illustrations should be put in writing and sent in advance to the Exhibition Representative. 

It is a responsibility of FPG to install and uninstall all artworks during the predetermined times  defined by the Exhibition Representative, but the Artist shall be notified of such times and is invited to be  present to advise. The Artist may choose to install and uninstall the Artwork through a contractor of their  choice at the Artist’s expense.  

FPG will ensure the exhibition wall space is prepped and ready to hang the Artwork. Artist is not  responsible for patching/painting walls after vacating the space.  

The Artists cannot substitute or withdraw the Artwork from the Exhibition through the duration of the  Exhibition without the approval of both parties.  

XI SALE OF ARTWORK  

A price list will be available during the Exhibition. FPG will sell the Artworks at the retail price specified  in the attached Artwork List. Unless otherwise agreed upon and amended in writing, FPG and the Artist  agree that the Artist will receive sixty (60) percent of the sale price and FPG will receive forty (40)  percent. FPG will register the sale and agrees to pay the Artist within thirty (30) days of exhibit close. The Artist  must provide a completed and signed W-9 Form for FPG to process the payment.  

The Artwork purchased at the Exhibition is to remain on the walls until the end of the Exhibition.  

XII COPYRIGHT  

Artist grants to FPG: (a) the right to display the Artwork in the Exhibition; and (b) the irrevocable right to  create and use images of the Artwork in materials about or relating to the exhibition of the Artwork, in  all media now known or later developed and including the Internet, provided that such use shall not  be for commercial purposes. This grant shall survive the termination of this Agreement. In every such  use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork.  

FPG shall take reasonable steps to respect the Artist’s copyright for the Artwork, but under no  circumstances shall FPG be liable for copyright infringement by third parties against the Artist in  connection with the Artwork.  

XIII TERM OF CONTRACT  

The term of this contract is effective from the date signed and will expire thirty (30) days after the  return delivery of the Artwork to the Artist. However, any claims against FPG for restoration or repairs shall survive until resolved and any claims against the Artist shall survive until settled.

XIV DISPUTE RESOLUTION  

In the event a dispute arises between the parties over the interpretation and application of this  Agreement, the parties shall attempt to settle such a dispute first by good faith negotiation and  consultation between themselves. If a mutual agreement cannot be reached, all disputes arising  under this Agreement shall be submitted to binding arbitration in San Francisco in accordance with  the rules and procedures of JAMS Inc., a private mediation and arbitration facilitator. The parties further agree that the arbitration will be subject to the Federal Arbitration Act. Each party shall bear its  own costs and fees in connection with the arbitration; however, the parties shall share the arbitrator's  fee equally. This arbitration clause binds all parties to this Agreement and their heirs, representatives,  officers, directors, executors, administrators, successors, and assigns, as applicable. After  termination of this Agreement, this arbitration clause shall remain in effect for the resolution of all  claims and disputes that are unresolved as of that date.  

XV MISCELLANEOUS 

A. Controlling Law: This Agreement shall be governed by the law of the State of California. 

B. Entire Agreement, Modification and Amendment: This Agreement, including all attachments which are incorporated herein by reference, contains the complete understanding of the parties and supersedes all prior oral or written representations and statements between the parties. This Agreement may not be modified, amended or terminated except by mutual written agreement. 

C. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument, binding on all parties to this Agreement. 

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date below.  

FRONT PORCH GALLERY  

______________________________  (Signature)  

______________________________  (Name) 

______________________________  (Date) 

______________________________ 

 (Signature)  

______________________________ 

 (Name) 

______________________________ 

 (Date)

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