Conditions Governing Loan

The de Young Open

ELIGIBLE WORKS

The de Young Open exhibition hosted by the Fine Arts Museums of San Francisco (the “Museum”)  is open to all artists, 18 years or older, who currently live in one of the nine Bay Area counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma. All artists will be asked to provide a government-issued photo ID upon delivery of their artwork. The work must be the Artist’s original work.  All two-dimensional work must be delivered ready to hang via two secure points of attachment as per the Artist Guidelines.

 

All requirements and restrictions - as specified at https://deyoung.famsf.org/exhibitions/de-young-open in the Artist Guidelines--must be met. The following media are prohibited, including but not limited to, and will not be included in the exhibition: Wood or plant material that may harbor or attract pests such as dried branches, dried bamboo, driftwood, large bark pieces, hay bales and logs.  Preserved insects, animals, and other organic material such as feathers, fur, hair, wool, quills, skins, nests, cobwebs, and antlers. Soil, wool yarn or fabrics. Food items such as fruits, vegetables, nuts, seeds, dried beans, and rice.  Liquids, including but not limited to water, in unsealed containers.  Materials that produce vapor, smoke, mists, and/or odors.  Glitter and/or confetti. Balloons, flammable, toxic, volatile, and/or explosive materials. Weapons, live animals and/or insects. Electricity or electrical elements such as neon and other lights, holograms, batteries, digital elements, and/or kinetic and/or other mechanical elements. Any and all other media or materials that the Museum determines in its sole discretion may pose a risk to the Museum, its collection, its staff and/or the public.  The Museum reserves the right to reject artworks during onsite inspection by Museum staff if staff determines that the artwork contains any such media or materials.

LIMITATIONS

All entries must be conceived by the artist submitting the work. Two-dimensional work may be no more than 36 square feet and cannot protrude more than 4 inches from the wall. Three-dimensional work shall be no more than 27 cubic feet.  Final measurements must be inclusive of frame, if applicable. Weight for any artwork may not exceed 150 pounds. Works must be ready-to-hang, ready to install:  two-dimensional work must be framed with secure hanging devices as specified in the application; three-dimensional work must be seismically stable and able to stand freely without mounts and/or other interventions, and suitably prepared for installation (i.e. – works can be displayed only by being placed on a platform). Museum staff may modify frames and amend hanging hardware, which may include drilling into the frames, in order to facilitate smooth installation. If artworks do not include appropriate hanging hardware, or cannot be safely placed on the museum floor - they will not be installed. A label with artist contact and artwork information must be attached to all artwork.

DELIVERY AND PICK-UP

Artists are responsible for delivery and pick-up of the artwork to and from the Museum. No artwork will be held at the Museum for any additional time before or after the exhibition.  Artists must hand deliver selected work(s) of art in their assigned delivery slot.  Any packing materials should be removed at the time of release and will not be stored by the Museum.  Artist understands that the Museum is not responsible for any work left on its premises after the specified pick-up date(s). The Museum will release the object only to the Artist, or the designated alternate, and only at the agreed upon release date upon presenting valid Government issued photo identification. The Museum assumes no responsibility to search for an artist who cannot be reached or does not collect the work at the designated time.  The Museum's right to return the loan shall accrue absolutely at the termination of the loan.  If, after pursuing all possible means of contact, and in accordance with any legal requirements the Artist cannot be found or the Artist refuses to accept the return of the object, it shall be deemed abandoned and become the property of the Museum to dispose of.

REPRODUCTION

  1. The Museum assumes the right to use, reproduce and display any images of the artwork(s) provided by the Artist or Artist’s representatives, and to photograph, videotape, and/or otherwise use, reproduce and display the artwork(s) for documentation, publicity, publication, educational, and all other purposes, in print and digital forms, connected with the exhibition. The rights granted by Artist to Museum hereunder does not include the right to create commercial merchandise.

  2. The Museum assumes the right to reproduce images of the works on the Fine Arts Museums of San Francisco’s digital channels, including but not limited to the Museum’s website and the Museum’s social media accounts. These images will serve ongoing documentary, educational, and promotional functions for the Museum’s audiences.

  3. The Museum reserves the right to crop, overlay, or otherwise manipulate any submitted images.

  4. The general public may take photos for personal, non-commercial use only.

  5. Artists who “appropriate” or use imagery or sound including music from an existing artwork or source are solely responsible for obtaining copyright and all other applicable reproduction permissions.

INSURANCE

The Fine Arts Museums of San Francisco have no responsibility to insure the works on premises or in transit. The Artist hereby releases the Fine Arts Museums of San Francisco, the City and County of San Francisco, the Fine Arts Museums Foundation and the Corporation of the Fine Arts Museums, and each of their 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 Museum under this agreement. 

OWNERSHIP

The Artist hereby warrants that Artist has full legal title to the work. The Artist will indemnify, defend and hold the Museum, the City and County of San Francisco, the Fine Arts Museums Foundation and the Corporation of the Fine Arts Museums, and each of their 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 Museum’s use of the artwork under this loan 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. The Museum will release the artwork(s) ONLY to the Artist or their authorized designee, as noted on the “Receipt and Release” form.

LOAN PERIOD, EXTENSION

  1. The artwork shall remain in the possession of the Museum for the time specified as the loan period, but may be withdrawn from exhibition at any time by the Museum.  The Artist agrees that Artist cannot withdraw the artwork during the period of this agreement.

  2. The parties agree that the Museum 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: the COVID-19 pandemic or other pandemic, shelter-in-place orders, fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, or any other cause beyond the reasonable control of the Museum. Should the Museum alter or extend the loan period under this section, the Museum will notify the Artist at the Artist’s email address provided to the Museum during the application process.

  3. The terms of this agreement shall apply to any change to the loan period.

INTERPRETATION

  1. This agreement constitutes the entire agreement between the Artist and the Museum 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.  This agreement shall be governed and interpreted according to the laws of the State of California.

  2. Loans to the Fine Arts Museums are subject to the provisions of California Civil Code Section 1899 - 1899.11.

  3. If the terms of this agreement conflict with the forms, agreements or correspondence of the Artist, the terms of this agreement shall control.