Represented for the purpose of the present contract by (name above), duly authorized, hereinafter, the “INSTRUCTOR” AND Leamington Arts Centre/ South Essex Arts Association hereinafter, the “LAC”
WHEREAS THE INSTRUCTOR, 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;
AND WHEREAS is it considered mutually desirable to set out the term, responsibilities and duties of the LAC and the INSTRUCTOR with respect to the workshops;
NOW THEREFORE, in exchange for the mutual covenants contained herein, the sufficiency of which is deemed satisfactory by the parties to found the consideration for this Agreement the LAC and the INSTRUCTOR AGREE AS FOLLOWS:
1.1 The INSTRUCTOR 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.
1.2. The INSTRUCTOR 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 INSTRUCTOR copies of promotions, which may be used.
2.1 During the workshop, the LAC will indicate the INSTRUCTOR's name in association with the workshop and ensure that these are clearly identifiable.
3.3 The use of the LAC shall consist only of the floor space and wall space in the designated class area and shall not include the use of the LAC’s office or any other area of the LAC without prior consent of the LAC.
3.4 During the term of this Agreement, the INSTRUCTOR shall be solely responsible for his or her artwork, student artwork, art supplies and the LAC assumes no responsibility whatsoever for any lost or stolen articles during for the use of its premise.
3.5 The LAC shall provide an adequate and suitable teaching area. The INSTRUCTOR shall maintain a clean and orderly teaching area whereby, the INSTRUCTOR shall return the premise to the condition it was in prior to each class.
3.6 The INSTRUCTOR shall be solely responsible for returning the premises to the condition it was in at the commencement of this term. The LAC reserves the right to make necessary repairs upon removal of the INSTRUCTOR's contents to restore space to its previous condition. The cost associated with such restoration or any damage incurred shall be payable by the INSTRUCTOR to the LAC.
3.7 INSTRUCTOR contents such as artwork, materials and supplies not picked up by the INSTRUCTOR within 4 months from the termination of this agreement shall become the property of the SEAA/LAC.
3.8 The INSTRUCTOR must comply with and adhere to all federal, provincial and municipal laws regulating or affecting the use of the premise.
4.1 The LAC is a category 1 institution per the CARFAC fee schedule.
5.1 The LAC undertakes to promote the workshop at its expense within its standard policies and practices.
5.2 The LAC shall handle all class registrations and collect all registration fees for the period set out herein.
5.2.1 The INSTRUCTOR shall not collect any registration fees or handle any registrations outside of the LAC, this includes offering discounts or other incentives.
5.3 The INSTRUCTOR 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 INSTRUCTOR shall not use the LAC logo without the LAC’s authorized and explicit approval.
5.5 LAC reserves the right to have student artwork photographed for educational and promotional purposes only.
5.5.1 The INSTRUCTOR shall have each parent/guardian or of age student sign a photo consent release form
5.5.2 The INSTRUCTOR may take photographs of students and work for the purpose of promotion and shall supply photographs to the LAC
7.1 The present contract constitutes the totality of the agreement entered into between the parties covering the INSTRUCTOR's work in the context of the workshop, as well as the conditions with regard to his or her professional services, if applicable. It replaces any previous agreement covering the same objects.
7.2 The contract is formed when the parties have signed it.
7.3 Two copies of the contract are produced. The INSTRUCTOR 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.
7.4 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 INSTRUCTOR and the LAC before their execution.
8.1 The parties acknowledge, but are not limited to, the following interpretation rules.
8.2 Unless the context dictates otherwise, the singular includes the plural and vice versa.
8.3 The contract is governed by and interpreted according to the statutes in force in the province of Ontario.
8.4 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.
8.5 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.
8.6 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.
8.7 The annexes Annex A covering professional services are an integral part of the present contract.
9.1 The present contract is terminated:
9.1.1 When the parties agree to this in writing
9.1.2 When the obligations that are the object of the present contract cannot be executed due to force majeure.
9.1.3 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.
9.1.4 When an event, provided for in a legislative provision of public order providing for termination of the contract, occurs.
10.1 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.
11.1 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.
The LAC retains the services of the INSTRUCTOR, on a non-exclusive basis, to execute the tasks set out in clause 2, in compliance with the specifications set out there.
