TRANSPORTATION AND PACKING
The lender certifies that the objects are in good condition and will withstand ordinary strains of packing and transportation. Artwork transported by the lender will be at the expense of the lender. Artwork will be returned packed in the same or similar materials received. Artwork transported by the Fine Arts Program will be returned to the pick-up location. Any changes in location resulting in additional cost will be borne by the lender. Any object loaned to the Fine Arts Program will be returned to the lender within 30 days or upon a reasonable notice after the close of the exhibition. Reasonable notice is considered seven to 30 days. If work cannot be delivered or is not picked up within 30 days through no fault of the Fine Arts Program, the work shall be deemed an unrestricted gift to the Fine Arts Program.
Artwork transported by the lender is insured from the time of arrival at the Irvine Fine Arts Center and/or Great Park Gallery until the time of pick-up by the lender. Artwork transported by the Fine Arts Program is insured wall-to-wall. While insurance will be based on the amount indicated on the loan agreement, the Fine Arts Program’s liability is limited to the fair market value, which must be demonstrated by the lender. The lender agrees that, in the event of loss or damage, recovery shall be limited to such amount, if any, as may be paid by the insurer, hereby releasing the Fine Arts Program and its employees from liability for any and all claims arising out of such loss or damage. In the event of partial loss or damage, the Fine Arts Program’s liability shall be limited to the cost of repair or restoration or any resulting loss in fair market value.
Trained preparators will place, install, light, and provide signage for the artwork. Artists may choose to or be asked to assist in the event of unusual or complex installations. Supplies, equipment, or props not part of the Fine Arts Program’s regular inventory must be supplied by the artist.
Artists, lenders, and other individuals who enter into this agreement (and their employees, agents, or contractors) agree to release, indemnify, defend, and hold harmless the City of Irvine and its officers, clients, agents, and employees from and against any and all liabilities, claims, penalties, losses, or expenses incurred (including attorney’s fees), of any kind or nature whatsoever, whether related to bodily injury, property damage, or any other form of injury or loss whether or not caused by any negligent act or omission of the City of Irvine and its officers, clients, agents, or employees, arising out of or in any way related to participation in activities related to this agreement.
The Irvine Fine Arts Center maintains a motion sensor detection security system throughout all exhibitions areas. The Great Park Gallery does not maintain a security system.
Objects will be visually inspected upon receipt and any noticeable damage will be documented on the shipping receipt. Evidence of damage to objects while in the Fine Arts Program’s custody will be reported immediately to the lender.
The Fine Arts Program assumes the right to photograph and reproduce photographs of the loan for educational and publicity purposes and for use in any printed material produced related to the exhibition.
Artwork cannot be withdrawn from an exhibition by the lender at any time during its exhibition.
In the event of a sale, the Fine Arts Program requires the return of a 25% commission. Commission received by the artist from gallery sales will be considered taxable income by the City of Irvine and all income tax laws apply. W-9 form is required for payment.
The lender acknowledges that she/she has the full power to make this loan and has read the conditions above and agrees to abide by said conditions. Any arrangements other than the above must be agreed to in writing at the time of the contract performance.
I certify I have read and understand the Loan Agreement, Liability Waiver as it applies and comply with the conditions stated therein.