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Art Rental Terms of Service

Terms of service

Art Rental & Sales
Terms, Representations and Conditions
CONDITIONS OF LEASE
1. The Gallery: wherever the term “the Gallery” is used, it shall mean
the Vancouver Art Gallery Association operating Art Rental & Sales
(AR&S).
2. The minimum rental period shall be one (1) month and the maximum
is recommended to be not longer than twelve (12) months, but it can be
extended at the discretion of the Art Rental & Sales Manager.
3. Notwithstanding terms outlined in item 9 below, under no
circumstances will any portion of the art rental fee be refunded, nor can
any substitutions be made except in the event of a withdrawal of art
work(s) by the Gallery.
4. The Lessee must inform the Gallery of any change in address or
telephone numbers within seven (7) days of such change.
PAYMENT
5. The Lessee shall pay the rental fee as outlined on the rental contract,
prior to taking possession of the art work(s).
6. The Lessee shall pay forty dollars ($40.00) service charge for each
cheque which is returned to the Gallery as N.S.F.
RETURNS AND RENEWALS
7. The Lessee shall return the art work(s) to the Gallery prior to the
renewal due date set out on the rental contract, during normal Art Rental &
Sales business hours and upon failing to do so the Lessee shall pay the
rental fee for an additional month.
8. Should the artwork(s) fail to be returned to the AR&S Showroom
prior to its renewal date, the rental contract will be renewed to the
Lessee who shall immediately pay for the renewed rental period.
PURCHASE
9. The artwork(s) may be available for purchase at the sale price less
the current prepaid rent (not to exceed 3 months) plus applicable taxes.
Information concerning works for sale and the current sale prices may
be obtained upon request.
10. If in the event that the sale price is paid in more than one payment
(i.e. by installment), ownership shall remain with the Gallery until the
sale price and all related service fees have been paid in full.
USE
11. The Lessee shall not use the artworks(s) for any commercial
purpose or public display except to enhance their own design goal as
communicated to the Gallery and permission granted.
12. The Lessee shall not sublet or remove the artwork(s) from the
Lessee’s premises stated on the reverse page other than to return the
artwork(s) to the Gallery.
13. The lessee shall not photograph film or otherwise reproduce the
artwork(s) except with the written consent of the Gallery on the behalf
of the artist(s).
14. The Lessee shall not assign this contract or any interest herein or
sublease or part with possession of the artwork(s) except with the
consent of the Gallery.
15. The Lessee shall not pledge or charge as security or use as collateral
for any liability or obligation of the Lessee any of the artwork(s)
described on the reverse page.
16. If the Lessee is renting the premises stated on the rental contract, the
Lessee shall provide the Gallery with the name and address of the
landlord, and of any new landlord(s) on request.
CARE
17. The Lessee hereby acknowledges receipt of the artwork(s) in good
condition unless otherwise specified on the rental contract
and shall return the artwork(s) in the same condition.
18. The Lessee shall pay for any and all damage to the artwork(s) or
deterioration in the condition of said work(s) and/or cost of repair to
the artwork(s), all repairs shall be done by the Gallery.
19. The Lessee shall report immediately in writing any loss, damage
or deterioration in the artwork(s) that may occur during the term of
the contract.
20. The Lessee shall consult the Gallery before moving or
transporting any damaged work.
21. The Lessee shall not clean, repair or remove the artwork(s) from
the frame or base.
LOSS OR DAMAGE
22. The Lessee assumes full responsibility for loss or damage to the
artwork(s) while in the Lessee’s care, custody or control (including
during transportation to and from the premises of the Gallery until
safely and properly returned to same).
23. If any of the artwork(s) is/are lost or damaged to the extent that
in the sole discretion of the Gallery, the said work(s) cannot be
repaired, then the Lessee shall be responsible for, and shall pay to the
Gallery, the purchase price of the artworks.
24. Any work(s) not returned within 30 days of the due date, or
renewal date of this contract shall be deemed to have been lost.
INSURANCE AND INDEMNITY
25. The Lessee shall insure the artwork(s) on an “all risks” basis for a
value equal to the sale price.
26. The Lessee shall indemnify and save harmless the Gallery from
any and all claims, expenses, damages and liability suffered by any
person or to any property arising from the Lessee’s possession,
display or transportation of the artwork(s) or the installation of said
artwork(s) whether by the Lessee or on their behalf. A certificate of
insurance in this regard signed by the lessee’s insurers shall be
provided to the Gallery on request.
27. The Lessee releases the Gallery from any and all damages suffered
by the Lessee as may arise out of the Lessee’s possession of the
artwork(s).
TRANSPORTATION, INSTALLATION AND RETURN
28. The Lessee shall be responsible for the transport, installation and
return of the artwork(s).
WARRANTY
29. The Lessee acknowledges and agrees that the Gallery have made
no representation or warranties of any nature as to the artwork(s)
including not limited to: a) the quality of the work, frame hanger
canvas, paint or other medium; or b) that the artwork(s) has/have
not been previously copied, reproduced or previously owned.
WITHDRAWAL
30. The Lessee acknowledges that the artist has the right to withdraw
the artwork(s) from AR&S at any time and that the Gallery may give
notice of such withdrawal to the Lessee (“Notice of Withdrawal).
31. Upon receipt of the Notice of Withdrawal, the Lessee shall return
the artwork(s) to the Gallery within one (1) month or one (1) rental
period from the date stated on the Notice of Withdrawal or on the due
date of the contract, whichever is earlier.
32. Upon return of the artwork(s) to the Gallery, the Lessee shall be
entitled to a refund of the prepaid rent for the unexpired portion of
the rental contract, provided the Lessee is not in default of the
Lessee’s obligation under this contract per items 29 and 30.
33. Notwithstanding the giving of the Notice of Withdrawal, the
Lessee shall within one rental period from the date of the Notice of
Withdrawal or on the due date of this contract, have the option to
purchase any of the artwork(s) at the discretion of the artist.
TITLE
34. Nothing contained in the contract shall give or convey to the
Lessee any right, title or interest in the artwork(s) except as a Lessee.
35. All covenants, liabilities and obligations entered into by the
Lessee shall be equally binding upon the heirs, executors and
administrators of the Lessee and where more than one Lessee joins,
the covenants on their part shall be deemed to be joint and several.