Recess Artist in Session Contract
This AGREEMENT is made the __19___ (day) of __June___(month) in the year __2013___ between Recess Activities, Inc. (“Recess”) hereinafter referred to as “Sponsor” and artist _____David Horvitz____ hereinafter referred to as “Artist.”
The Sponsor and the Artist mutually agree upon the following:
a) The Artist is an independent contractor and is not to be considered an employee of the Sponsor.
b) The Artist will engage in activity ___David Horvitz: In Search of a Longitude, Penelope Umbrico: In Search of a Latitude___________ at ___Recess______ (name of location) on _June___(month) __19_ (day) _2013_ (year) _ at ____12pm____(times) until _August____ (month)__10 (day), __2013__ (year)__ at ____11:59pm____________ (times). ___1__ (number of artist participants) will be participating. The ____Recess Soho space_____________ (room/performing space) will be made available for this residency and will be accessible during the agreed upon time period. The Artist and Sponsor MUST approve all changes made in this schedule in advance.
c) A project stipend will be paid to the Artist for this activity/event in the amount of $____3,000_____. This stipend will be paid to the Artist by the Sponsor according to the following schedule:
__$1000_June 19, 2013_(date) via___hand delivery_____
__$1000_July 3, 2013_(date) via ____hand delivery_____
__$1000_July 24, 2013_(date) via ____hand delivery_____
d) Any additional subproject costs less than or equal to $___22,000_____ will be paid directly to the vendor and will not be paid to the Artist. The Sponsor will not pay any project or subproject costs exceeding $__25,000__.
e) The Artist will negotiate any sales made by the Artist throughout the course of the residency without involvement from the Sponsor. The Sponsor will take no percentage of sales. The Sponsor is not responsible for communicating sales to the Artist’s gallery.
f) The Artist will adhere to site’s regulations pertaining to use of equipment, facilities, and supplies for program functions approved by the Sponsor; and the Artist will obtain permission from the Sponsor prior to requesting secretarial assistance from any employee for services relating to the activity/event.
g) The Artist is to send the Sponsor, at least four weeks prior to his/her event, one copy of his/her educational or orientation materials (if applicable).
h) The Sponsor will provide to the Artist the services of the Recess Activities staff to make recommendations on activity/event location(s), to maintain contact with participants, and to clarify questions concerning policies and procedures.
i) The Artist will check with Recess Activities staff one week prior to the residency to confirm the schedule, and obtain specific instructions on the site, materials, etc.
j) The Artist will provide his/her own transportation and make arrangements for his/her own accommodations if necessary. Unless otherwise agreed to in this contract the Artist will assume all travel, food and lodging costs.
k) The Artist will incur no expenses against the Sponsor without prior approval. The Artist will assume expenses incurred without the approval of the Sponsor.
l) Where the Artist has failed to provide an activity because of personal illness, transportation difficulties or any other reason resulting in any way from any act, omission, or negligence on the part of the Artist, not including “Acts of God,” the Artist will provide the activity at a later date mutually agreed upon with the Sponsor, and the Artist will be fully compensated for such performance or activity.
m) In the case of bad weather, closures, fire, power failure, or other “Acts of God” which may prevent the continuation or completion of the proposed activity, the Artist and Sponsor will mutually attempt to reschedule.
n) If the Artist cannot reasonably conduct or complete the activities because of acts, omissions, or negligence on the part of the Artist, the Artist will not be compensated. In such instance of negligence, if funds have already been allotted and the Artist fails to complete the activities agreed to in this Contract, the Artist will reissue the amount incurred to the Sponsor.
o) The Artist will leave the space swept clean, repainted (if necessary) within four days of the project’s conclusion. All damages to walls, floors, etc. will be assumed by The Artist and rectified prior to leaving the space.
p) All deinstallation costs will be assumed by the artist. This includes paint, extra hired labor, demolition, trash removal and repairs. The Artist must remove all materials and artwork from the space. The Sponsor is not responsible for removing any trash, tools and/or artwork from the space.
q) The Artist, as an individual contracting independently, will not hold the Sponsor responsible for any Federal or State withholding taxes, social security taxes or benefits, unemployment insurance coverage, workers compensation insurance, disability insurance or any other insurance benefits. As an independent contractor, the Artist is responsible for protecting him/herself and any person who works with him/her, and agrees to assume the responsibility entirely for any of the foregoing taxes, insurance, and benefits occurring in connection with the Artist’s use of the space.
r) The Artist further agrees to indemnify and hold the Sponsor and its employees harmless against all claims, losses, expenses (including reasonable attorney’s fees), and injuries to persons or property resulting in any way from any act, omission or negligence on the part of the Artist in the performance of or failure to provide an activity.
I have read and understand the provisions of this Contract.