California Jewish Open – Conditions Governing Loan
Purpose of Loan:
The California Jewish Open is an open call from which artworks will be selected for an exhibition (the “Exhibition”) at The Contemporary Jewish Museum in San Francisco (the “The CJM”), in summer/fall of 2024. The call is open to all Jewish-identifying artists, 18 years or older, currently living in California (the “Artist”). Artworks submitted through the open call (the “Artwork”) will be reviewed by the Museum’s staff and selected by the curators of the Exhibition. The total number of artists and artworks selected will depend on submission dimensions and volume. All decisions will be final.
The Artist agrees to lend to The CJM the selected Artwork(s) free of charge to be displayed in the Exhibition.
Loan period and extension:
The loan period will be approximately May 5, 2024 through November 22, 2024 (the “Loan Period”), with the anticipated exhibition dates being June 6 – October 20, 2024.
The Artwork shall be available and remain in the possession of The CJM for the Loan Period, but may be withdrawn from the Exhibition at any time by The CJM. The Artist agrees that Artist cannot withdraw the artwork during the Loan Period.
The Artist and The CJM agree that The CJM may alter or extend the Loan Period in its sole discretion and without further action by the Artist due to any delays caused, directly or indirectly, by any cause beyond The CJM’s reasonable control including, but not limited to: the COVID-19 pandemic or other pandemic, shelter-in-place orders, fire, flood, earthquake, elements of nature or acts of God, riots, and civil disorders. Should The CJM alter or extend the Loan Period under this agreement, The CJM will notify the Artist at the Artist’s email address provided to The CJM during the application process.
The terms of this agreement shall apply to any change to the Loan Period.
Specific Limitations:
Content and authorship:
Physical properties:
Additional Terms & Conditions:
1. Care, Preservation and Exhibition
1.1 The CJM will take reasonable precautions to protect the Artwork while in The CJM’s custody. It is understood by the Artist and The CJM that all tangible Artworks are subject to gradual inherent deterioration for which neither party is responsible.
1.2 Evidence of damage at the time of receipt or while in The CJM’s custody will be reported immediately to the Artist. The CJM assumes the right, unless specifically denied by the Artist, to examine the work by all modern photographic means available. Information thus gathered will remain confidential and will not be published without the written consent of the Artist. It is understood that The CJM will not restore or otherwise alter the work without the written consent of the Artist unless (a) immediate action is required to protect the loaned property or other property in custody of The CJM or (b) the loaned property has become a health and safety hazard pursuant to California Civil Code 1899.6.
1.3 The CJM retains the sole right to determine when, if, and for how long borrowed items will be exhibited. The CJM retains the right to cancel the Loan upon reasonable notice to the Artist. Subject to Artist’s rights to specific Artworks within the Loan (Artworks), The CJM shall own all right, title, and interest in and to the Exhibition and all Exhibition design, interpretive, and promotional materials.
1.4 In the event that an Artwork is considered interactive and the Artist has given permission for the public to interact with such Artwork, the Artist shall not hold The CJM liable for any wear and tear, loss, or damages resulting as a natural outcome of the public's interaction with such Artwork.
1.5 The Artist shall cooperate with The CJM’s installation schedule.
1.6 In the event the Artist or its designated representative installs any Artworks, Artist or its representative will consult with The CJM staff regarding life safety, ADA, code compliance, installation, and exhibition methods. The Artist understands and agrees that The CJM retains full authority in determining the final placement of all Artworks and any necessary exhibition furniture or stanchions. If the Artwork is installed or placed by Artist or its designated representative in a manner that, while meeting life safety, ADA, and code compliance, is still considered, in the opinion of The CJM, to be contradictory to the requirements put forth by The CJM staff for proper art installation, The CJM will so inform the Artist in writing. In such event, the Artist shall not hold The CJM liable for any loss or damage to the Artwork.
2. Transportation and Packing
2.1 The Artist will be contacted by The CJM staff to arrange for the transportation of the selected Artworks to and from the museum. Artist will have the option to deliver/pick-up the Artworks in-person on a schedule set by The CJM, or to have them shipped by a third-party transportation service, depending on their location. Artist must follow The CJM’s directives on these arrangements.
2.2 The Artist is responsible for packing the Artworks for transportation. The Artist will assure that Artworks are adequately and securely packed for the type of shipment agreed upon, including any special instructions for unpacking and repacking. Artworks will be returned packed in the same or similar materials as received unless otherwise authorized by the Artist.
2.3 The Artist certifies that the Artworks are in such condition as to withstand ordinary strains of packing, transportation, and handling. A written condition report with images must be sent by the Artist to The CJM prior to shipment. Otherwise, it will be assumed that Artworks are received in the same condition as when leaving the Artist’s possession. Condition reports will be made at The CJM upon Artwork arrival and departure.
3. Insurance
The CJM has no responsibility to insure the Artwork at any time including, but not limited to, the time the Artwork is on museum premises or in transit. The Artist hereby releases The CJM, and The CJM’s respective trustees, officers, agents and employees, from any loss, liability, damages, claims, demands, expenses or costs arising directly or indirectly from the loan of the Artwork to The CJM under this agreement.
4. Photography, Reproduction, and Credit
4.1 Whether individual labels are provided for items on display is at the discretion of The CJM.
4.2 The Artist permits photography and filming by members of the public during the Loan dates. Use of flash and/or tripods by the general public is strictly prohibited.
4.3 The Artist permits photography and filming of the Loaned Artworks by the press for news and feature coverage during the Loan dates. The CJM will share an Artwork checklist with the press, noting appropriate credit lines, but cannot be held responsible for incorrect credit lines used by third parties.
4.4. The Artist permits The CJM to reproduce the Loaned Artworks in The CJM’s publications, and in its films, on television, and through other digital and social media for educational, publicity, and advertising purposes, and for documentation of this exhibition, including invitations, announcements, newsletters, and catalogs which may be sold to the public. When the Artworks appear in photographic reproduction individually, The CJM will credit the Artworks and Artist as specified within this Loan Agreement. When the Artworks appear within installation images, amongst other loaned Artworks, no individual Artwork credits will be used.
4.5 The Artist permits The CJM to use the provided digital Images in The CJM’s publications, and in its films, on television, and through other digital and social media for educational, publicity and advertising purposes, and for documentation of this exhibition, including invitations, announcements, newsletters, and catalogs which will be sold to the public. The Artist permits The CJM to crop any provided digital images for reproduction use when needed for design and educational purposes.
5. Ownership and Copyright
The Artist hereby warrants that Artist has full legal title to the artwork. The Artist will indemnify, defend and hold The CJM, and each of The CJM’s respective trustees, officers, agents and employees, harmless from any losses, damages and expenses, including attorney’s fees, arising out of claims by individuals, institutions, or other persons arising directly or indirectly out of The CJM’s use of the Artwork under this agreement including, but not limited to, all suits or claims for infringement of the copyright or any other proprietary right of any person or persons.
6. Change in Ownership or Address
It is the responsibility of the Artist or its agent, pursuant to Section 1899 et seq. of the California Civil Code, to notify The CJM promptly in writing if there is any change in ownership of the Loan items (whether through inter vivos transfer or death) or if there is a change in the identity or address of the Artist. If The CJM is unable to contact the Artist (or owner) regarding the Loan, the Artist may lose rights to the loaned Artworks. The CJM assumes no responsibility to search for an Artist (or owner) who cannot be reached at the address of record.
7. Return of Artworks
7.1 Unless otherwise agreed in writing, a Loan terminates on the date specified on page one of this agreement.
7.2 Upon termination of a non-renewed Loan, The CJM will use reasonable efforts to return the Loan Artworks to the Artist. If The CJM’s efforts to return Artworks within a reasonable period following the termination of the Loan are unsuccessful, then the Artworks will be maintained at the Artist’s risk and expense for a maximum of one month. The CJM may place the Artworks in public storage for the account of the Artist or may retain possession and charge storage fees at the rates quoted by a licensed public warehouse, and carry insurance on the work, and The CJM shall have a lien for the storage fees and cost of insurance. If after one month the Artworks have not been claimed, then and in consideration for maintenance and safeguarding, the Artist/Owner shall be deemed to have made the Artworks an unrestricted gift to The CJM.
7.3Artworks will be returned only to the Artist of record or to a location mutually agreed upon in writing by The CJM and the Artist of record. The CJM will ask the Artist to sign an outgoing receipt at the time of collection, or will send an outgoing receipt with the return shipment which the Artist must sign and return to The CJM.
7.4 Any Artworks that are in digital form (ie: video, audio, digital image or design file, software, etc.) shall only be returned to the Artist if the Artwork was delivered on a piece of hardware. Any digital files (original, exhibition files, test files, etc.), in any location (on the server, cloud, hard drive, SD card, etc.) used by The CJM to install the Artwork will be destroyed digitally upon termination of the Loan unless agreed upon by both parties in writing. The CJM will not provide record of this file destruction unless explicitly requested by the Artist in writing.
8. Representations and Warranties; Indemnifications The Artist represents and warrants that (a) The Artist is the sole and legal owner of all Artworks and has the right to loan the Artworks to The CJM for the purposes of the Exhibition; (b) the person executing this Agreement on behalf of the Artist has the full competency, power, and authority to bind the Artist in accordance with the terms of this Agreement; and (c) no further corporate or other action is required to make this Agreement valid and binding. The Artist agrees to and shall indemnify, defend, and hold harmless The CJM from any and all losses, damages, or expenses, including reasonable attorney fees, arising out of or resulting from claims or actions for any breach or default hereunder; Artist's performance under this Agreement; or any grossly negligent act or willful omission of the Artist or its employees or agents (except to the extent caused by the grossly negligent act or willful omission of The CJM, its employees, or agents).
9. Applicable Law This Agreement shall be construed in accordance with the laws of the State of California. All disputes arising from this Agreement shall be brought in the state and federal courts of San Francisco County, California. The prevailing party in any dispute will be entitled to its reasonable attorney fees.
10. Force Majeure Neither party shall be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is (a) Beyond the reasonable control of a party, including but not limited to, due to epidemic or pandemic, (b) Materially affects the performance of any of its obligations under this agreement, and (c) Could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
11. Severability Any part, provision or portion of this agreement which is prohibited or which is held to be void or unenforceable by the laws of California shall be ineffective without invalidating the remaining provisions.
This agreement constitutes the entire agreement between the Artist and The CJM and may be amended or modified only in writing and signed by both parties. Any changes herein of printed text or written additions must bear the initial of both parties. If the terms of this agreement conflict with the forms, agreements or correspondence of the Artist, the terms of this agreement shall control.
By submitting my application to the California Jewish Open, I accept the conditions of this loan as stated on this document and I warrant that I have full authorization to enter into this agreement.
