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Terms & Conditions

Douglas County Art Encounters 2023-2024

OFFICIAL RULES AND REQUIREMENTS

PLEASE READ CAREFULLY. ARTISTS MUST ABIDE BY ALL RULES AND REQUIREMENTS IN ORDER TO BE CONSIDERED FOR THIS PROGRAM.

ELIGIBILITY

• Art Encounters is open to artists and/or artist teams over 18 years of age.
• All work must be the result of an independent and/or team effort that is original in concept and not the product of instructional guidance.
• Any work that is a replica must include the edition and/or conventional description, as well as the serial number for that entry.
• Any work submitted that is a replica or duplicate must include the other locations where this piece is available. Duplicate works within a 60-mile radius of Douglas County will not be accepted.
• Work that is accepted into the Art Encounters program that has a duplicate piece may not be submitted to another program within a 60-mile radius of Douglas County within the same program year.
• Any variety of materials may be incorporated, but the work in its entirety must require minimal to no maintenance.
• Work submitted must be able to withstand the intense sun, snow, wind, temperature extremes and weather fluctuations common in Colorado.
• All works must be safe for public interaction of all ages as this is an outdoor public art program.
• Submitted work may be selected for exhibition in any of the participating jurisdictions: Castle Rock, Highlands Ranch, Parker, Roxborough, and the Lone Tree Library.

APPLICATION

• Artists may submit up to five existing, fully completed works. Regardless of the number of works submitted, only one application is needed.
• Artists must include one to three images from different perspectives for each work submitted. For example, if submitting five works, then no more than 15 total images should be included with the application. Image size must meet requirements identified on ArtCall.org. The base should be visible in at least one of the images for each work submitted.
• All entries must include a description of the installation process, specific to each work submitted. If an artist fails to specify the equipment necessary for installation in their application, it will be at the expense of the artist to provide for such equipment to ensure proper installation. Pedestals, ground mounts, and ready-mix will be supplied for each selected entry based on the requirements submitted in their entry.
• The Public Art Advisory Committee reserves the right to reject any applications that do not meet eligibility requirements and/or are incomplete.
• Once an application is submitted, it is the artist’s responsibility to contact Kim Smith immediately at 303-660-7347 or at ksmith@douglas.co.us if their work is no longer available.

IF SELECTED

• If selected, the work that is submitted on the application must be the same as the work that is delivered for installation. This includes size, color, edition, and material. The Jurisdiction retains the right to reject works differing materially from the work depicted in the application and image(s) submitted.
• The artist is responsible for transporting their work for installation and removal, coordinating with the Jurisdiction for delivery and removal, and for all costs incurred. The artist will deliver the selected work(s) to the site designated by the Jurisdiction on the date and time as agreed to by the artist and Jurisdiction. The artist will remove the work at the end of the program at a date and time agreed to by both Parties.
• If an artist’s work is selected for the Art Encounters program and it is no longer available, the Jurisdiction that selected the work may, in its sole discretion, choose to negotiate with the artist to have an alternative work on display. The Jurisdiction may also choose, in its sole discretion, to select another applicant’s work.
• Artists must inform Jurisdictions on how to maintain the work, including cleaning products and methods. Each Jurisdiction is responsible for maintaining the work(s) throughout the exhibition and performing regular evaluations and maintenance of the installed work(s).
• All work must be available for purchase at the price indicated in the application and remain on display for the duration of the exhibition.

COMPENSATION

• All artists whose works are selected will receive a stipend of $1,000, payable after installation of the work is completed.
• At the end of the program year, each Jurisdiction in which a work is installed has the first right to purchase the work for permanent display if they so choose. It is up to the individual Jurisdiction and artist to coordinate payment. If this Jurisdiction declines to purchase the work, then any of the other participating Jurisdictions are eligible to purchase the work, if they so choose. If none of the Jurisdictions choose to purchase the work, individuals or businesses are then eligible to purchase the work.
• Artist information will be provided to individuals or businesses wanting to purchase a work subject to the Jurisdictions’ right of first refusal, however, the work must remain on display throughout the program year.
• The artist of each installed work is eligible to win two awards:
• People’s Choice Award – The public votes on a piece through the Art Encounters website for a specified duration. The artist with the most votes at the end wins $1,000.
• Kid’s Choice Award – Kids (under the age of 18) can vote on a piece through the Art Encounters website for a specified duration. The artist with the most votes at the end wins $1,000.

MARKETING AND PROMOTION

• This program is promoted throughout Douglas County and surrounding areas.
• The Jurisdiction reserves the right to reproduce and distribute artwork images through print and electronic media for promotion of the exhibit. This includes use of the images submitted through the application process, as well as photos taken of the piece throughout the exhibition program year.
• A plaque will be installed along with each work that includes the title of the piece, the artist’s name, and the sale price. This information will also be included in an Art Encounters brochure, which is distributed throughout the county, and on websites.
• The copyright for the work is retained by the artist.

INSURANCE AND INSTALLATION

• Works are covered by insurance immediately after delivery through the duration of the exhibition until such time each piece is uninstalled, paid for by the Jurisdiction, based on the amount specified in the Artist’s contract with the Jurisdiction.
• The artist is responsible for delivery of the piece(s) to the Jurisdiction location and providing written installation instructions.
• The Jurisdiction is responsible for the installation costs at the location site.
• Artists must work closely with the Jurisdiction until installation of the piece(s) is complete, cleaning and maintenance instructions have been received, and again during the uninstallation if applicable.

CONTRACT

Artists will work directly with the Jurisdiction that selected the work(s) regarding the contract and installation. The information below is the basic information included in the contract. Additional information specific to the Jurisdiction may also be included. Contracts must be signed prior to installation, which takes place in mid- to late-May for the upcoming program year.

1. CREATION AND TITLE.
The Artist hereby warrants that the Artist created and possesses unencumbered title to the works of art listed and described on the attached Schedule of Artworks (“the Schedule”) and has the right to loan these works for purposes of exhibition.

2. DURATION OF LOAN, MANNER OF EXHIBITION AND FEE.
The Artist hereby agrees to loan to the Jurisdiction the works listed on the Schedule for the time period commencing on or about May ___, 2023, and concluding on or about May ___, 2024. The Jurisdiction agrees to exhibit these works for no less than 300 days during this period as part of the exhibition titled: Art Encounters. These works will be exhibited with the works of other artists. After installation of the work and the execution of this Agreement, the Jurisdiction shall pay the Artist a stipend of $1,000 for the right to exhibit the work. The Jurisdiction shall receive a 15 percent commission if the work is sold while on display.

3. DELIVERY, CONDITION AND CARE.
The Artist shall be responsible for transportation costs and arrangements of the work(s) listed on the Schedule from the Artist’s studio to the Jurisdiction by the following method of transport: _______. The delivered work(s) must be the same piece(s), size, medium, color, and dimensions as submitted on their application and selected by the Jurisdiction. The Artist must provide the Jurisdiction with information regarding installation requirements, to include identifying the equipment and tools necessary for installation. All equipment and tools required for installation are: _________.

The Artist shall deliver the work(s) to the specific site location on a date agreed upon by both Parties. All costs of delivery (including transportation and insurance) shall be paid by the Artist.

The Jurisdiction agrees to transmit a written report to the Artist within five business days from the delivery of the work, specifying its condition and whether it appears in any way in disrepair. Further, the Jurisdiction agrees to use the same standard of care for the work as it uses for comparable works in its own collection. The Jurisdiction agrees to return the work in the same condition as received, subject to the provisions of Paragraph 4. The Jurisdiction shall coordinate with the Artist for the return of the work(s) by the date specified in Paragraph 2 after the conclusion of the exhibition and the Artist shall be responsible for transportation arrangements and costs to return the work(s) to the Artist’s possession. The Artist shall pay all costs of return delivery (including insurance) of the work.

4. LOSS OF DAMAGE AND INSURANCE.
The Jurisdiction shall be responsible for loss of, or damage to, the work from the time the Artist has signed off on the installed work through the time the work is removed from the installation site (therefore, the Jurisdiction is not responsible for any loss or damage incurred to the work on the way back to the Artist’s home, studio, or other destination). The Jurisdiction shall insure each work for the benefit of the Artist for the full value listed on the Schedule. This insurance shall be pursuant to a policy providing wall-to-wall all-risks coverage maintained in force by the Jurisdiction. The Jurisdiction shall provide a Certificate of Insurance for the work if the Artist so requests.

5. USE OF WORK.
The Jurisdiction hereby agrees that the loan of the work under this Agreement is solely for purposes of the exhibition and its promotion, and that no other uses, such as commercial exploitation, broadcasts, or other reproduction, of the work shall be made.

6. INSTALLATION, CLEANING, REPAIRS.
The Artist agrees to work in cooperation with the Jurisdiction for proper installation. The Jurisdiction agrees not to remove any work from its frame or other mounting, or in any way alter the framing or mounting, after the Artist signs off on the installation. In the event framing, mounting, or special installation is required for the display of any work, it shall be described on the Schedule and paid for by the Jurisdiction. The Jurisdiction is responsible for maintaining the work during the program year.

7. COPYRIGHT AND REPRODUCTION.
The Artist reserves all reproduction rights, including the right to claim statutory copyright, on all works listed on the Schedule. The Jurisdiction may use the work for promotional materials of the exhibition, such as photos for brochures, website use and other appropriate means. The Artist must submit two high resolution (300 dpi or higher) photographs of the work from different angles for this use. All materials that include the work will also list the copyright notice: © (Artist’s Name and Year).

8. COLLECTION OF THE ARTIST.
When displayed, each work shall be accompanied by a label or plaque identifying the work as part of the Art Encounters Program including the title of the work, the Artist’s name and the year the work was created.

9. TERMINATION OF RIGHT TO EXHIBIT.
The right to exhibit pursuant to this Agreement shall terminate as of the date specified in Paragraph 2. In the event the Jurisdiction fails to exhibit the work or violates any material term of this Agreement, the Artist shall have the right to terminate the right to exhibit by written notice to the Jurisdiction and providing a reasonable time for the Jurisdiction to cure. In the event of termination of the right to exhibit under this Paragraph 9, the work(s) shall be returned forthwith to the Artist pursuant to the provisions of Paragraph 4.

10. NON-ASSIGNABILITY.
Neither Party hereto shall have the right to assign this Agreement without the prior written consent of the other Party. The Artist shall, however, retain the right to assign monies due to him or her under the terms of this Agreement.

11. HEIRS AND ASSIGNS.
This Agreement shall be binding upon the Parties hereto, their heirs, successors, assigns, and personal representatives and references to the Artist and the Jurisdiction shall include their heirs, successors, assigns, and personal representatives.

12. INTEGRATION.
This Agreement constitutes the entire understanding between the Parties. Its terms shall be modified only by an instrument, in writing, signed by both Parties.

13. WAIVERS.
A waiver of any breach of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.

14. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Colorado.