FPAC Art Space
Curator Exhibition Agreement
Gallery Contact Person: Dorothea Van Camp, dorothea@fortpointarts.org,
Exhibitions and Art Lending Manager
Gallery Hours: 12-6pm Wednesday -Saturday (Holidays may be an exception)
Capacity: 50 people
ART CURATOR AGREEMENT FOR FPAC ART SPACE This Art Curator Agreement (the “Agreement”) is made effective on the date of the last signature below (the “Effective Date”), by and between the Fort Point Arts Community, Inc., a Massachusetts not-for-profit corporation, with a principal place of business at 70a Sleeper Street, Boston, MA, 02210 (“FPAC”), and the art curator enumerated in Exhibit A (“Curator”). FPAC and the Curator shall also herein be individually referred to as a “Party”, and collectively as the “Parties”.
AGREEMENT NOW, THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
ARTICLE I PERFORMANCE OF WORK
1. SCOPE. a) The proposed Exhibition at the FPAC Art Space at 70 Sleeper Street, Boston MA 02210 consists of those Curator selected works of art listed in Exhibit B (“Work” or “Works”). The Curator agrees to cause the Work(s) to be provided to FPAC in accordance with the schedule established in Exhibit A.
b) Curator agrees that he/she shall perform the services (the “Services”) in a timely, workmanlike, and professional manner, in accordance with the standards in the industry and all applicable laws and ordinances, and in compliance with the provisions of Exhibit A and Exhibit B, the List of Works, as incorporated herein by this reference. In the event of any conflicts between the Agreement and any of the terms of the attached Exhibits, the terms of this Agreement shall prevail.
2. RIGHT OF REFUSAL. FPAC reserves the right, not to accept a Work or Works,or to withdraw a Work or Works, or to substitute a Work of Works from the Exhibition for any reason.
3. TERM. The term of this Agreement shall commence on the Effective Date and terminate at the conclusion of the Exhibition Date as specified in Exhibit A, unless earlier terminated through the termination provisions provided herein.
4. TERMINATION. Either Party may terminate this Agreement at any time, upon presentation of a sixty (60) days’ notice given to the other Party. FPAC may terminate this Agreement upon breach of the terms of this Agreement by the Curator.
ARTICLE II ROLES AND RESPONSIBILITIES
5. FPAC will:
● Provide, outside of regular business hours, access to the Gallery, so long as forty-eight (48) hours’ prior written notice is provided to FPAC’s Program Manager.
● Subject to the terms and conditions of this Agreement, aid with the install and deinstallation of approved Works listed in Exhibit B.
● Provide $200 reimbursement towards food and non-alcoholic beverages for the Opening Reception. Alcohol is only allowed served by a licensed bartender (paid for by Curtator), and FPAC will not pay for the alcohol.
● Not pay a fee to curator at FPAC Art Space.
● Provide the vinyl for title wall and posters for sandwich boards.
● Provide staffing during our gallery hours, Wednesday-Saturday from 12pm to 6 pm.
● FPAC is not responsible for any costs or logistics of shipping Works to and from the Gallery or any storage of Works beyond one (1) working days’ after the end of the Exhibition.
6. The CURATOR shall:
● Ensure all Artists provide written concurrence to comply with the conditions of this Agreement. A link will be shared for the artist agreements. Artist agreements must be completed no later than 2 weeks before the exhibition start date.
- Ensure that participating artists submit work that is for sale.
- Provide 6 high-res images of the artwork no later than 8 weeks prior to the opening of the Exhibition to Media and Gallery Manager (aburke@fortpointarts.org)
- Any changes to the general concept of the Exhibition requires written approval by the Exhibitions Program Manager.
- A draft Press Release must be submitted 8 weeks prior to exhibition using FPAC’s Press Release Template.
- Ensure all arrangements, including decorations, are approved in advance by FPAC. Note: Permanent fixtures, architectural changes, and fixtures that cause damage to any surfaces, including but not limited to walls, floors, or windows are not permissible.
● Coordinate all logistics with Artist(s) regarding the times for drop off, installation, deinstallation, pick-up of Works, and within the established window of time provided by the FPAC Program Manager.
● Provide content for accompanying description labels as requested by FPAC for all Works 3 weeks prior to the opening of the Exhibition. FPAC will print and curator will place.
● Provide direction for the installation and de-installation of the Works with reasonable assistance from FPAC.
● Ensure the Exhibition is free and open to the public.
● Ensure all Works are removed from the Gallery within one (1) business days’ from the conclusion of the Exhibition or a storage fee of $25 per day per piece will be charged.
ARTICLE III ART SALES
7. FPAC will receive a commission of 40% of the Purchase Price of any Work sold during the Exhibition, and the Artist will receive 60%. FPAC will disperse funds within 30 days of receiving funds from the buyer(s). FPAC will invoice the buyer for the Purchase Price of the Work plus 6.25% Massachusetts sales tax.
ARTICLE IV FACILITY USE RESTRICTIONS
8. GALLERY USE RESTRICTIONS.
● Curators and Artists are prohibited from using adhesive materials or painting directly on the walls. Curators and Artists are required to refrain from using double-sided tape, foam tape, and mailing labels on any surface in the gallery.
● The Gallery may not be painted. The FPAC Program Manager shall be contacted if any part of the Gallery requires painting, patching, or touch-ups.
● Curators shall ensure the Gallery is returned in broom-swept and clean condition without damage to walls, windows, doors, bathrooms, or any part of the Gallery.
● Labels, hanging equipment, supplies, and trash shall be removed from the Gallery and Gallery walls upon completion of the de-installation by the Curator or Artists. Any changes to the space, including, but not limited to, installations, ceiling structure, lighting, and labeling, must be removed and returned to its original condition with patching and painting of gallery walls managed by FPAC.
ARTICLE V PUBLICITY
9. PUBLICITY.
● FPAC may take pictures of the Works and otherwise use information provided about the Curator and Artist(s) to promote the Exhibition.
● FPAC will use commercially reasonable efforts to send a press release to media contacts and promote the exhibition through online and social media channels and on their website and within FPAC’s discretion, may design and print one (1) vinyl wall decal, object labels, and on-site posters publicizing the event.
● Curator and Artists shall publicize the press release to their media contacts and actively promote the show on their individual websites and social media platforms with any publicity of the Exhibition crediting FPAC.
● Curator shall, at their sole discretion, hire and pay for documentary photography of the Exhibition if desired.
ARTICLE VI LIMITATION ON LIABILITY 10. INDEMNIFICATION: CURATORS SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS, FPAC, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES AND REPRESENTATIVES OF EACH OF THEM (INDIVIDUALLY, “INDEMNITEE” AND COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL THIRD-PARTY (INCLUDING, WITHOUT LIMITATION, THOSE BY EMPLOYEES AND AGENTS OF CURATOR AND/OR SUBCONTRACTORS OF CURATOR) SUITS, ACTIONS, LEGAL OR ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) OF ANY NATURE FOR BODILY INJURY OR DEATH OR PHYSICAL DAMAGE TO PROPERTY OF ANY OF THE INDEMNITEES OR THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION, HOWEVER, TO ANY SUIT, ACTION, PROCEEDING, CLAIM, DEMAND, COST OR EXPENSE WHERE SUCH INJURY, DEATH, OR DAMAGE RESULTS FROM THE NEGLIGENCE, EITHER ACTIVE OR PASSIVE, AND/OR SOLE OR CONTRIBUTORY, OR THE WILLFUL MISCONDUCT OF FPAC.
● Limitations of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT SHALL FPAC BE LIABLE TO THE CURATOR OR ANY THIRD PARTY FOR ANY 3 SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT, EVEN IF FPAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
● THE TOTAL LIABILITY OF FPAC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED $10.
● Neither FPAC nor its officers, directors, employees, or agents, shall be responsible for any damage to or theft of Works while in FPAC’s possession. This includes but is not limited to damage caused during hanging of Works, handling, and transportation and sending through the mail (as applicable).
11. INSURANCE. FPAC shall carry the types and amounts of insurance specified below:
● Comprehensive General Liability Insurance for operations and contractual liability adequate to cover the liability assumed hereunder with limits of not less than $350,000 on account of any one person and $1,000,000 for each occurrence of property damage and personal injury: and
● Standard Workers’ Compensation as required by law in the Commonwealth of Massachusetts; and
● Art and Collectibles insurance sufficient to cover losses caused by theft, fire, and water and a value sufficient to cover the value of curated works as specified in Exhibit B.
● FPAC is not responsible for Work transported to or from the gallery.
ARTICLE VII MISCELLANEOUS
12. FORCE MAJEURE. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either Party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a Party’s financial inability to perform its obligations hereunder.
13. GOVERNING LAW. This Agreement shall be governed by and construed, enforced, and performed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of law principles.
14. NOTICES. Any notices or communications required or permitted to be given hereunder may be delivered by hand, deposited with a nationally recognized overnight carrier, electronic-mail, or mailed by certified mail, postage prepaid, in each case, to the address of the other Party first indicated above 4 (or such other addressee as may be furnished by a party in accordance with this Agreement). All such notices or communications shall be deemed to have been given and received (a) in the case of personal delivery or electronic-mail, on the date of such delivery, (b) in the case of delivery by a nationally recognized overnight carrier, on the third business day following dispatch and (c) in the case of mailing, on the seventh business day following such mailing.
15. ENTIRE AGREEMENT; AMENDMENTS. This Agreement and its Attachments constitute the entire understanding between FPAC and the Curator with respect to the Exhibition. This Agreement supersedes and replaces any previous documents, correspondence, conversations, and other written or oral understandings related to this Agreement. This Agreement may not be amended or modified except by means of a written document, signed by both Parties and no waiver of the terms hereof shall be in effect unless in writing and signed by the party making such waiver.
16. DISPUTES. Both FPAC and Curator agree to use their best efforts to resolve through discussion and negotiation to their mutual satisfaction any disagreement arising out of or under the terms of this Agreement. The Parties shall each bear their own costs, attorneys’ fees, and other fees incurred in connection with the preparation of this Agreement and as to any disputes. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard for choice-of-law provisions. Any controversy or dispute between the Parties shall by subject to arbitration, and any enforcement or related judicial proceedings must be brought solely in courts sitting in Boston, Suffolk County, Massachusetts. The Parties waive objections to jurisdiction and the doctrine of forum non conveniens.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written below.
Publicity/Promotional credit of FPAC shall indicate: Tagging @fortpointarts on TikTok, @fortpointartscommunity on Instagram.
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