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Artist's Agreement by Pil02H6X

VIEWS: 28 PAGES: 4

									                                          ARTIST’S AGREEMENT

         This Artist's Agreement ("Agreement") is entered into on _______________ by and between Mad
Art Gallery, L.L.C., a Missouri limited liability company ("Mad Art") and ________________ ("Artist").

                                             WITNESSETH
                                                                                           th
        WHEREAS, Mad Art Gallery is an art gallery located at 2727 South 12                     Street, St. Louis,
Missouri 63118 (the "Gallery"); and

        WHEREAS, the Artist and Mad Art desire to display Artist's artwork at the gallery.

        NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties, Mad Art and the Artist agree as follows:

          1.      Artwork. Mad Art and the Artist shall display at the Gallery, the artwork described on
Exhibit A, attached hereto and made a part hereof (collectively the "Artwork"). The Artist hereby
represents and warrants to Mad Art that: (a) the Artist has all right, title and interest in the Artwork; (b) the
Artist is authorized to enter into this Agreement; (c) the material included in the Artwork is the original
artwork of the Artist; (d) the Artist has obtained permission to include the material in the Artwork or that
such permission is not required; and (e) the Artwork does not violate or infringe upon the rights of others,
including but not limited to, copyrights and rights of privacy.

          2.      Term. The Artwork shall be displayed at the Gallery commencing on
and ending                        (the "Term"). Either party may earlier terminate this Agreement with 30
days' written notice to the other party at the addresses listed below. Each party shall give written
notification of any change of address prior to the date of the change. Upon the termination of the Term of
this Agreement, the Artist shall promptly remove the Artwork from the Gallery at the sole expense of the
Artist. Any artwork that remains in excess of 30 days without Mad Art’s written permission shall be come
the sole property of Mad Art.

        3.       Artist's Responsibilities and Expenses. Artist shall be solely responsible for the handling,
wrapping, packing, transit, delivery, set up, lighting, cleaning, repair and removal (collectively the "Artist's
Responsibilities) of the Artwork and all costs and expenses associated with the Artist's Responsibilities.
The Artist's Responsibilities shall also include the costs and arrangements for the opening party and all
advertising related thereto. Mad Art recommends following the Curator’s advice concerning securing
artwork to walls. Mad Art shall be solely responsible for installation and lighting of all artwork unless Mad
Art approves the artist to install and remove their work themselves. This is only to be done under the
supervision of Mad Art’s Curator or designated staff member. All lighting and sound requirements will
remain the sole responsibility of the Mad Art staff. It is completely understood by all artists that Mad Art
has absolutely NO storage space available at any time for artist’s work. Mad Art shall not be responsible
for any of the Artist's Responsibilities and the Artist hereby releases Mad Art from any and all liability in
connection with the Artist's Responsibilities.




                                2727 S. 12th Street St. Louis, MO 63118
                                              314-771-8230
                                                                                                        Rev 01-2012
           4.   Insurance. Check the applicable box:
                Mad Art Insurance. Mad Art shall insure the Artwork for physical loss and damage while
the Artwork is being displayed at the Gallery during the Term for thirty percent of the Retail Value,
however such insurance coverage shall be subject to and may be limited by usual exclusions for such
insurance policy.

               Artist's Insurance. The Artist shall maintain its own insurance. The Artist hereby releases
Mad Art from any and all liability in connection with the display of the Artwork.

        5.      Fee. Mad Art shall receive $0.00 for displaying the Artwork during the Term. The Artist
shall pay such amount prior to or on the first day of the Term.

        6.       Gallery Building. Artist acknowledges that the Gallery is not a public building and that
viewing of the Artwork is by appointment only. Mad Art shall approve in advance all appointment times for
the viewing of the Artwork as well as the timing of the opening party. Mad Art in its sole judgment
reserves the right to remove the artwork from the Gallery at any time dependant upon the scope of events
occurring in the Gallery. Artist acknowledges that Mad Art is a gallery but secondary to that it is an event
venue. Often an event may require the lighting to be altered or the artwork to be moved or the artwork to
be secondary to the usage of the space.

         7.      Advertising and Reproduction. Mad Art shall not be required to advertise information
about the Artwork or Artist to the public or otherwise during the Term. Should Mad Art, determine in its
sole discretion, to use the Artwork for the marketing of the Gallery, the Artist grants Mad Art the right to
photograph the Artwork and authorizes Mad Art to use the Artist’s name and biographical materials solely
in connection with the marketing of the Gallery, provided however, that the Artist shall have the right to
approve Mad Art's written materials containing the Artwork for marketing of the Gallery and such approval
shall not be unreasonably withheld.

        8.      Retail Value. The Gallery shall offer to sell the Artwork at the Retail Value. The Retail
Value is described in Exhibit A and represents the retail value and sale price of the Artwork. If there is
more than one piece of Artwork, the Retail Value for each piece shall be listed with the description of the
Artwork on Exhibit A and made a part hereof.

        9.        Indemnity. The Artist shall indemnify and hold Mad Art harmless from and against any
and all liabilities, losses, damages, costs, and expenses of any kind (including, without limitation,
reasonable legal fees and expenses) which may be suffered by, incurred by or threatened against Mad
Art on account of or resulting from the Artist's breach and/or failure to perform the terms, covenants,
conditions and agreements provided in this Agreement and/or from the Artist's breach of the
representations and warranties contained in this Agreement.

         10.     Miscellaneous. This Agreement shall not be assigned by either party without the prior
written consent of the other party. All amendments or modifications to this Agreement must be in writing,
signed by Mad Art and the Artist. Waiver of any breach of any of the provisions of this Agreement shall
not be construed as a continuing waiver or other breach of the same or other provisions hereof. This
Agreement constitutes the entire understanding between the parties hereto. This Agreement shall be
governed by the laws of the State of Missouri. This Agreement shall be binding upon the parties, and
their respective heirs, successors, and permitted assigns.

           IN WITNESS WHEREAS, the parties execute this Agreement as of the date and year first above
written.

Mad Art, L.L.C, a Missouri Limited Liability               Artist:________________________________
Company


By:



                                                 Page 2 of 4
                                        th
                            2727 S. 12 Street St. Louis, MO 63118
                                           314-771-8230
                                                                                                  Rev 01-2012
Address for Notice                                      Address for Notice
               th
2727 South 12 Street
St. Louis, Missouri 63118




                                              Page 3 of 4
                                     th
                            2727 S. 12 Street St. Louis, MO 63118
                                           314-771-8230
                                                                             Rev 01-2012
                                  Exhibit A
 (Please attach or complete a listing including values of your artwork here).

Title                            Description                         Retail Value




                                                           Attach continuation if necessary.




                                  Page 4 of 4
                        th
            2727 S. 12 Street St. Louis, MO 63118
                           314-771-8230
                                                                                    Rev 01-2012

								
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