Terms & Conditions

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Terms & Conditions

Exhibit Terms and Conditions

The 2023 "Us Reimagined" Invitational Exhibition of Visual Arts

Leon S. Peters Ellipse Gallery, California State University, Fresno

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  1. The conditions set forth apply to all objects lent to California State University, Fresno (Fresno State) and cannot be altered, changed, waived, or otherwise amended except as agreed upon in writing.
  2. Fresno State will exercise the same care with respect to loans as it does in the safekeeping of comparable works owned by Fresno State.
  3. If at the request of the Lender, without prior written agreement, the object is to be returned to the Lender other than that from which it was collected, the Lender shall pay any cost necessitated by such a change, if so directed by Fresno State.
  4. Loans of works of art to Fresno State are governed by Section 1899, et seq., of the California Civil Code. This law makes persons who deposit property with Fresno State responsible for informing the Fresno State promptly in writing of any change in their address or change in ownership of the property. If Fresno State is unable to contact a Lender directly by mail, the law provides that Fresno State will be deemed to have given notice under the law if it publishes a proper notice in a newspaper. After making all reasonable efforts and through no fault of its own, Fresno State shall be unable to return the work(s) in storage, Fresno State shall be able to charge regular storage fees and the cost of insurance thereof, and to have and enforce a lien for such fees and cost. If after three years, storage fees and the cost in insurance thereof, and to have and enforce a lien for such fees and cost. If after three years, the works have not been reclaimed, the work(s) shall be deemed an unrestricted gift to Fresno State or may be disposed of by Fresno State.
  5. The Lender certifies that the property is in such condition as to withstand the ordinary strain of packing, transportation, and handling. The lender shall assure the property is adequately and securely packed for the type of delivery agreed upon, including transmitting to Fresno State any special instructions for unpacking and repacking.
  6. Fresno State will insure the items in the Exhibition while they are in Fresno State’s care, according to the terms and conditions of the California State University Fresno’s applicable insurance policy. The Lender will provide Fresno State with an itemized schedule of all items in the Exhibition, and each item’s existing condition and declared value. Under the California State University Fresno’s insurance policy, items are insured for their fair market value. In the event of a loss, it will be the Lender’s responsibility to establish to the satisfaction of the insurance underwriter that the declared value is the fair market value for the applicable items. This can be done with appraisals, with documentation that provides proof of sale of similar items, and in other ways acceptable to the underwriter. In the case of long‐term loans, it is the responsibility of the lender to update insurance valuations. In no event will Fresno State be liable to Lender for damages in excess of the amount of any insurance recovery from the California State University Fresno’s applicable insurance policy, nor for any loss or damage due to causes excluded from coverage.
  7. Unless Fresno State is notified in writing to the contrary, it is understood that objects lent to it may be photographed by the general public. It is understood that objects may be photographed, telecast and reproduced for publicity purposes connected with this exhibition, and that slides of the work may be made for education use during and after the exhibition.
  8. Any object lent to Fresno State for exhibition shall remain in its possession, or the possession of other Borrowers participating in the exhibition for which it has been borrowed, for the time specified in the registry of this art call. If the legal ownership of an object changes while the object is held by Fresno State, the new owner will be required to establish his or her legal right to the object in a manner satisfactory to Fresno State. It is incumbent upon the Lender to notify Fresno State of any change in address.
  9. Fresno State has sole discretion as to whether, for how long, and in what manner objects loaned to it shall be exhibited. Fresno State also has the right to determine which written and interpretive materials will accompany the exhibition.
  10. In the event of any conflict between this agreement and any writings, forms, or documents of the Lender, the terms of this agreement shall be controlling.

The Lender accepts the aforesaid conditions with registry in this art call and they shall apply to all objects delivered to Fresno State on loan and cannot be altered, changed, waived or otherwise affected except by written agreement by both parties. With registry in this art call, the Lender warrants, represents, and certifies that he or she is the legal owner or authorized agent of the legal owner of the property described in this art call database.

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