CONTEST AND EXHIBITION TERMS AND CONDITIONS
Exhibitor agrees to loan Artwork to the Bar Association of Baltimore City/Baltimore Bar Foundation/Baltimore City Community College (“Association)” for the Exhibition at the Baltimore City Community College (“BCCC”), at no charge. The term “Exhibition” shall include the exhibition at BCCC and the exhibition at a District Courthouse in the State of Maryland. The Exhibitor is a current student at a Baltimore City public high school who has created an original artwork and not copy of any other individual’s. If the Exhibitor is under eighteen years of age, he or she may only submit Artwork with the express consent of his/her parent or legal guardian in relation to all terms and conditions set by Courting Art Baltimore. For purposes of the Entry Form and Terms and Conditions, an Exhibitor is both the student artist and his/her parent or legal guardian.
The Exhibitor agrees to the Courting Art Baltimore Contest and Exhibition Terms and Conditions for the consideration of their public display of their Artwork and entry into the Courting Art Baltimore Contest with a chance to receive a financial scholarship, an art store gift card, and/or long-term display of their Artwork.
Exhibitor is and shall be responsible for all arrangements necessary to properly and safely deliver the Artwork that is ready for installation and/or hanging to BCCC, located at 2901 Liberty Heights Ave, Baltimore, MD 21215, where it will be received by volunteers, employees and/or students working under the supervision and direction of contracted BCCC personnel. Artwork may not be removed from the Exhibition prior to the Exhibition closing. Exhibitor is and shall be responsible for removal of the artwork from BCCC on a date to be determined. Exhibitor’s local teacher sponsor will be notified via email or phone when artwork may be picked up.
The Association has the sole discretion to not display any Artwork submitted to the Exhibition.
Exhibitor acknowledges that the Association shall not be required to store the Artwork. If Exhibitor fails to pick-up the Artwork as scheduled, the Association may, in its discretion, place the Artwork in storage at the sole risk and expense of the Exhibitor. If artwork is not picked-up within sixty days of the arranged pick-up date, the Association has the right to dispose of the artwork.
Exhibitor assumes all risk of loss or damage to Exhibitor’s Artwork while in possession of the Association, including, but not limited to transit to and from BCCC to storage, to reproduction, or to the Eastside District Court in Baltimore, Maryland for additional display. Exhibitor understands and acknowledges that there is no humidity control or art security system at the BCCC. Exhibitor assumes any and all risk of damage to the Artwork exhibited at BCCC due to the absence of such systems.
The Association provides no insurance coverage for the Artwork while at BCCC. The Exhibitor agrees that the Association will not be required to replace or pay for any damage to any submitted artwork to the Association.
The Association has the right to use authors name, age, city of residence, and high school in association with display. Upon delivery, Exhibitor may provide the Association with written information about the Artwork to be used in press releases and Exhibition signage, including credit lines and biographies. Exhibitor represents and warrants to the Association that items comprising the Artwork exhibited at BCCC as part of the Exhibition do not violate any local, state or federal laws. Exhibitor further represents and warrants to the Association that Exhibitor created the Artwork and is the legal owner of, and owns all intellectual property rights in and to, the Artwork, and has the legal right to convey the rights to the Association contemplated by this Agreement.
Exhibitor agrees that the Association, the general public and/or the news media, shall have the right, at no cost, to photograph, film and/or videotape any or all of the Artwork exhibited as part of the Exhibition, with a credit line, where applicable, for the purpose of publicizing and/or documenting the Exhibition. Exhibitor likewise consents to the publication online, in printed news media, broadcasting by television, and/or radio of Exhibitor’s name, a photographic or broadcast image of the Artwork (or any of it) on display, and any of the information in Exhibitor’s resume or vita.
In addition to the foregoing, Exhibitor grants to the Association perpetual reproduction rights to and for the Artwork where the image of the Artwork appears in normal background photography, and/or in archival, educational and/or promotion materials of and/or for the Association. In the event that the Exhibitor’s Artwork is selected as a winning piece, Exhibitor grants the Association the right to reproduce the Artwork and install and display the reproduction in the District Court of Maryland for Baltimore City located at 1400 E. North Avenue, Baltimore, MD 21213-1400 on a permanent basis. The Exhibitor will have no further ownership interest in the reproduced Artwork.
Exhibitor agrees that the Association may also use a photograph of the Exhibitor for the purposes of publicizing, promoting, and/or documenting the Exhibition.
The Association personnel will not undertake any conservation work or repair of any of the items comprising the Artwork included in the Exhibition at BCCC. The Association personnel will maintain basic janitorial measures in the Exhibition area. In case of emergency or other reasonable cause, items comprising the Artwork may be removed by the Association personnel and moved to a secure location. The Association will exercise reasonable care in fulfilling its duties as set forth in this Agreement. However, the Association makes no assurances to the preservation of the Artwork.
Participation in the Exhibition and/or Contest does not create an employer-employee relationship between Exhibitor and the Association, or any other relationship whatsoever, except for the relationship of space provider and Exhibitor. All services rendered hereunder by Exhibitor shall be supplied as an independent contractor, and in no event shall Exhibitor be or act as agent, partner, employee, tenant, licensee or joint venturer, or as any other representative whatsoever, of the Association or the Exhibition.
A. Entire Agreement. This Agreement sets forth the entire understanding between the parties hereto with respect to the matters contemplated hereby, and all prior and contemporaneous correspondence, agreements, understandings, representations and/or statements, oral or written, with regard thereto are deemed to be merged into this Agreement. Exhibits to this Agreement constitute a part hereof.
B. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, successors and permitted assigns.
C. Modification; Headings; Counterparts; Interpretation. Neither this Agreement nor any provision hereof may be waived, modified or amended, except by an instrument in writing signed by the party against which the enforcement of such waiver, modification or amendment is sought, and then only to the extent set forth in such instrument. Any descriptive headings in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. This Agreement may be executed in any number of counterparts, and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one document. The parties acknowledge that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the State of Maryland.
Any notice to be given or to be served upon either party hereto in connection with this Agreement must be in writing and must be given by certified mail, return receipt requested. Such notices shall be given to the Bar Association of Baltimore City, Attention: Courting Art Baltimore, 111 N. Calvert Street, Room #627, Baltimore, Maryland 21202.
Any party hereto may, at any time by giving at least three (3) days prior written notice to the other party, designate any other address in substitution of the foregoing address to which such notices shall be given and/or other parties to whom copies of notices hereunder shall be sent.