Exhibitor/Artist/Curator/Event: Johanna Bresnick on behalf of ACES/ECA
Duration: January 10- 16, 2018
Release of Liability Form
Artist/Curator (Exhibitor), its employees, agents, successors and assigns (identified below) (“Artist”) 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 name, information describing the Exhibitor’s, work, representations of the Exhibitor’s work and any other information the Exhibitor has provided for the purpose of display, promotion and publicity either now or in the future on the terms and conditions set forth below (“Agreement”).
The Artist agrees to display, pack, transport and provide for the return of the Artist’s artwork at the Artist’s sole risk, cost and expense.
If the Exhibitor is not available on-site at the appropriate time to display, unpack, re-pack or re-transport the Exhibitor’s artwork, the Exhibitor hereby gives permission to the Ely Center to undertake any or all such activities on the Exhibitor’s behalf and the Exhibitor agrees to pay or reimburse the Ely Center for the reasonable value of the services rendered. Artworks left over 30 days after the date for final removal shall be kept in storage at the Exhibitor’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 Exhibitor’s artwork, equipment or other personal property arising out of the above exhibitions/displays, the mounting and/or any other activities involved in the preparation and/or presentation of the exhibitions/displays and the Exhibitor agrees to assume all risk of damage to or loss of the Exhibitor’s artwork from whatever cause. The Exhibitor shall indemnify, save and hold harmless the Ely Center and any participating exhibition venues exhibiting or displaying the Exhibitor’s artwork 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 Exhibitor shall be solely and exclusively responsible to insure properly and adequately their artwork 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.
No artwork will be considered for display without this signed form.