Residency Release of Liability
Event: ECOCA AIR
Friends of John Slade Ely House of Contemporary Art, Inc.
DBA Ely Center of Contemporary Art
In care of Jeanne Criscola, Chair
1477 Ridge Road, North Haven, CT 06473
The Artist/Curator/Exhibitor/Performer (A/C/E/P), its employees, agents, successors and assigns (identified above) grants permission to the Friends of John Slade Ely House of Contemporary Art, Inc., (Friends) its officers, directors, employees, agents and assigns (“Ely Center”) to reproduce his/her/they names, information describing the A/C/E/P’s objects/artworks/performance, representations of the A/C/E/P’s objects/artwork/performance and any other information the A/C/E/P has provided for the purpose of display, promotion, marketing, and publicity either now or in the future on the terms and conditions set forth below (“Agreement”).
The A/C/E/P agrees to display, pack, transport and provide for the return of the all objects/artworks/equipment at the sole risk, cost and expense of the A/C/E/P.
If the A/C/E/P is not available on-site at the appropriate time to display, unpack, re-pack or re-transport the A/C/E/P’s objects/artwork, the A/C/E/P hereby gives permission to the Ely Center to undertake any or all such activities on the A/C/E/P’s behalf and the A/C/E/P agrees to pay or reimburse the Ely Center for the reasonable value of the services rendered. Objects/artworks left over 30 days after the date for final removal shall be kept in storage at the A/C/E/P’s sole risk, with storage fees of $5 per day applied and if left over 60 days shall become the property of the Ely Center, without compensation being due.
The Friends shall not be liable for any injury to the A/C/E/P’s objects/artworks/equipment or other personal property arising out of the above exhibitions/displays/performances, the mounting and/or any other activities involved in the preparation and/or presentation of the exhibitions/displays/performances and the A/C/E/P agrees to assume all risk of damage to or loss of the A/C/E/P’s objects/artwork/equipment from whatever cause. The A/C/E/P shall indemnify, save, and hold harmless the Ely Center and any participating venues exhibiting, displaying the A/C/E/P’s objects/artworks/equipment as a result of this Agreement from any and all claims, demands, causes of action, judgments, liens, losses, costs and expenses, including but not limited to reasonable attorney’s fees, arising from the negligence of the Ely Center. This paragraph shall survive the completion of this Agreement or the earlier termination thereof.
The A/C/E/P shall be solely and exclusively responsible to insure properly and adequately their objects/artwork/equipment and personal property.
Neither Party shall assign nor transfer any of its respective rights or obligations under this Agreement without the express prior written consent of the other Party and any attempt to do so shall be void and of no effect.
Waiver by either party of any provision of this Agreement at any one time shall not operate or be construed as a waiver of any provision by such party at any time thereafter. The nullity of any provision hereunder shall not affect the validity or enforceability of the remaining provisions hereunder of the Agreement, which shall survive. Any dispute that arises hereunder, if it cannot be resolved by informal mediation, shall be resolved in a court having jurisdiction in New Haven County, Connecticut.
I agree to the terms outlined in this statement of agreement.
Ely Center of Contemporary Art
51 Trumbull Street
New Haven CT 06510