Represented for the purpose of the present contract by (name above), duly authorized, hereinafter, the “CURATOR” AND Leamington Arts Centre
South Essex Arts Association hereinafter, the “LAC”
WHEREAS THE CURATOR, in his or her quality as a creator, is an artist in the sense of the Act Respecting the Professional Status of Artists in the Visual Arts, Arts and Crafts and Literature, and Their Contracts with Promoters and creator of an artistic work in the sense of the Copyright Act;
WHEREAS THE LAC is a promoter in the sense of the Act Respecting the Professional Status of Artists in the Visual Arts, Arts and Crafts and Literature, and Their Contracts with Promoters;
WHEREAS THE LAC wishes to exhibit in public the works chosen by the CURATOR;
WHEREAS THE LAC wishes to retain, if applicable, the ARTIST’s professional services as defined in Annex A; WHEREAS the preamble is an integral part of the present contract;
1.1 The CURATOR declares that:
1.1.1 He or she has the expertise, skills, and resources necessary to execute the tasks set out in Annex A, if applicable.
2.2 PUBLIC COMMUNICATION OF THE OBJECTS/WORKS FOR THE PURPOSE OF PROMOTING THE EXHIBITION:
2.2.1 The CURATOR shall not produce, or have produced, disseminate or propagate any promotional materials relating to the exhibit or the LAC without written pre-authorization. Use of the LAC logo and brand are governed by LAC policies and protected by copyright laws. Upon request, the LAC shall provide to the CURATOR copies of promotions, which may be used.
3.1 During the exhibition, the LAC will indicate the CURATOR's name in association with the selection of the OBJECTS/WORKS and ensure that these are clearly identifiable.
3.2 The LAC agrees to:
3.2.1 Exhibit the chosen OBJECTS/WORKS for the period defined in herein.
3.2.2 Reproduce the chosen OBJECTS/WORKS and communicate them to the public by telecommunication without or with as little cropping or modification as possible.
3.2.3 If applicable, put online low-resolution reproductions of the chosen OBJECTS/WORKS for the purpose of promotion.
4.1 EXHIBITION proposals will be approved at the discretion of the LAC.
5.1 The LAC is a category 1 institution per the CARFAC fee schedule.
5.2 The present license to curate is granted by the CURATOR in consideration for the remuneration by the LAC according to the CARFAC fee schedule for the exhibition year, or the agreed sum of: $689
6.1 The CURATOR may advise or assist the LAC; however the LAC assumes ALL final curatorial decisions, installation and de-installation of the OBJECTS/WORKS in the exhibition.
6.2 The CURATOR’s will adhere to all federal, provincial and municipal laws regulating or affecting the content of the EXHIBITION. The LAC reserves the right to restrict the display of and/or remove any particular piece of artwork that, in its sole discretion, does not conform community values or interests and/or is in any way defamatory or overtly sexualized.
7.1 The LAC undertakes to promote the EXHIBITION at its expense within its standard policies and practices.
7.2 The CURATOR shall disseminate and use only LAC approved promotional materials, both in print and online media, including but not limited to: invitations, posters, flyers, wall labels, media releases. Furthermore, the CURATOR shall not use the LAC logo without the LAC’s authorized and explicit approval.
7.3 If applicable, the CURATOR will provide to the LAC with the following as soon as possible, no less than 8 weeks prior to the exhibit commencement date:
7.3.1 A curriculum vitae
7.3.2 Artist's statement or biography
7.6 Food costs associated with hosting the reception will be that of the LAC. Any travel or accommodation cost for the CURATOR to attend shall be at the CURATOR’s expense.
7.7 The LAC will provide a cash bar with alcoholic and non-alcoholic beverage options. The selection of beverage will be at the discretion of the LAC. All proceeds from the sale of beverages will be retained by the LAC.
7.8 The LAC may provide live or recorded music. Expenses associated with this shall be to the LAC, unless otherwise agreed upon.
7.9 All caterers, equipment rental companies or other third parties utilized by the CURATOR during the exhibit must be pre-approved by the LAC. All delivery, set-up and pick up times MUST be pre-approved by LAC in consideration of hours of operation, installation times and other scheduled events and programs at the LAC.
8.1 The CURATOR grants continued access of the exhibition space to the LAC for the purpose of public and private events within the time period of the exhibition.
8.2 The CURATOR acknowledges that depending on the nature and type of event, there may be no or limited public access to the exhibition space during an event.
9.1 The present contract constitutes the totality of the agreement entered into between the parties covering the CURATOR’s work in the context of the EXHIBITION, as well as the conditions with regard to his or her professional services, if applicable. It replaces any previous agreement covering the same objects.
9.2 The contract is formed when the parties have signed it.
9.3 Two copies of the contract are produced. The CURATOR is held to execute his or her obligations only from the moment when he or she is in possession of a copy of the contract.
9.4 Only the acts set out in the contract are authorized. Acts that are not specified in the present contract must be the object of an agreement between the CURATOR and the LAC before their execution.
10.1 The parties acknowledge, but are not limited to, the following interpretation rules.
10.2 Unless the context dictates otherwise, the singular includes the plural and vice versa.
10.3 The contract is governed by and interpreted according to the statutes in force in the province of Ontario.
10.4 The rules and the different clauses of the agreement are interpreted in light of each other in such a way as to give them their full scope.
10.5 If one provision of the present contract is invalidated due to a statute or a regulation of public order, this does not invalidate the other articles in the contract.
10.6 The fact that one of the parties has not insisted on full execution of one or another obligation or did not exercise a right that it can execute must not be considered a renunciation of this right or of the full execution of this obligation in the future.
11.1 The present contract is terminated:
11.1.1 When the parties agree to this in writing
11.1.2 When the obligations that are the object of the present contract cannot be executed due to force majeure.
11.1.3 When one of the parties, although notified, does not execute an obligation set out in the present contract. In this case, notification is transmitted by the creditor of the obligation, with mention of the non-compliances observed. The party at fault must remedy said non-compliances within ten (10) working days of the date of receipt of the notification, or the contract is terminated at the end of this period.
11.1.4 When an event, provided for in a legislative provision of public order providing for termination of the contract, occurs.
12.1 The parties agree to make every possible reasonable effort to try to resolve any dispute regarding the present contract or resulting from its interpretation or application through mediation.
13.1 The notifications required under the present contract are sent by mail or email, to the respective addresses indicated in the preamble.
I/we hereby agrees to hold the South Essex Arts Association/Leamington Arts Centre, their officers, directors, employees and volunteers, and the Corporation of the Municipality of Leamington, harmless from any and all damage, expense or liability from any injury or damage to any person, including the general public, the artist, its agents or employees or to the property of the exhibitor arising out of the artist’s exhibition.
Chad Riley, Director/Curator Leamington Arts Centre
The LAC retains the services of the CURATOR, on a non-exclusive basis, to execute the tasks set out in clause 2, in compliance with the specifications set out there.
