Exhibit and Use Contract for Organizations
This contract is made and entered into by and between the Museum of Light & Sound, 3442 State Route 221, Marathon, NY 13803 (hereafter MOLAS) and ___________________________________________________________________ (hereafter Borrower) for the lease and use of MOLAS Exhibits and Activities.
Section 1
1.01 The Exhibit:
The exhibit consists of various exhibit elements and activity tables for educational purposes. See exhibit and component list attached.
1.02 Exhibit Display Area: The Borrower must provide a minimum of 224 square feet of floor space with ceiling height minimum of 10 feet high. Access to the area must be controlled.
1.03 Set up and Removal: Borrower will provide adequate set up and removal time of 4 hours each. The Borrower must complete a condition report and inventory of exhibit materials and components, using forms provided by MOLAS, upon arrival and departure of the exhibit. Forms must be signed and dated by an authorized representative of the Borrower and MOLAS. At all times while exhibit is open to the public a MOLAS representative or trained and approved representative affiliated with the organization must be present.
1.04 Exhibit Operations: MOLAS will have the responsibility for operation of the exhibit. The Borrower is responsible for additional expense of all operating costs such as labor, electricity, and related operating expenses.
1.05 Maintenance: MOLAS will provide a qualified person to maintain the exhibits during the lease period. Alternatively, a person affiliated with the Borrower will be trained by MOLAS staff in exhibit maintenance and will be solely responsible for maintaining materials in operating condition except as noted below.
The Borrower must contact MOLAS immediately if any damage is noted. The Borrower assumes responsibility for the maintenance and repair of damage to all exhibition components occurring during the period of this agreement. Such repairs will be made in consultation with MOLAS. Diagnosis and planned solution to repair problems will normally be made within twenty-four hours of notification. The Borrower agrees to provide a secure and environmentally suitable storage area for any exhibition material withdrawn from the exhibition for any reason.
1.06 Ownership: All exhibits and materials are, and remain the property of MOLAS and may not be altered, copied, or reproduced in whole or in part.
Section 2
Payment Schedule, Lease term, and Use
2.01 Payment: The Borrower agrees to pay the rental fee of $ ______________ for the rental as described in section 2.02.
2.02 Lease term: The opening and closing dates of the exhibit are from _______________ (set up date) To __________________ (removal date).
2.03 Restrictions of Use: The Borrower will not remove the exhibit, or any of its components, from the designated exhibit space or use the exhibit for any purpose unless expressly authorized in writing by MOLAS.
2.04 Use of Logo: All Exhibit logos, photos, recordings and similar materials provided to the Borrower by MOLAS will remain the exclusive property of MOLAS and following the termination of this contract no further uses, whatsoever, of this material may be made by the Borrower without the express written consent of MOLAS.
Section 3
Shipping, Installation, and Removal
3.01 Shipping: MOLAS agrees to schedule all shipping and to deliver the exhibit on the agreed date of ______________________________.
3.02 Installation: MOLAS will have full responsibility for the installation of exhibit materials.
3.03 Removal: MOLAS will remove exhibit and related materials on the agreed date of _____________________.
Section 4
Insurance and Security
4.01 Insurance: On-site insurance is the responsibility of the Borrower. Proof of insurance is required 10 days prior to receiving the exhibit in the form of an all-risk policy with the Museum of Light and Sound listed as additionally insured. This policy should specify that coverage in the amount of $125,000 will take effect upon receipt of the exhibit and all its contents until the exhibit is released to the authorized shippers.
4.02 Security: The Borrower must provide security for the exhibit from the moment it is received, during all phases of handling and installation, until the exhibit is removed from the premises. The Borrower agrees to take all necessary measures to provide a safe and secure environment for the exhibit including all fire precautions as required by law or local ordinance. In addition, smoking, eating, and drinking must be prohibited in the exhibition space and storage areas at all times.
Section 5
General Provisions
5.01 MOLAS will not be held responsible for any claims, damages, suits, or other legal proceedings arising from, or attributed to, improper use of the exhibit during the period it is in the Borrower’s possession. Further, MOLAS will not be held responsible for financial damages incurred by the Borrower as a result of delays in delivery, or failure to deliver, the exhibit due to circumstances beyond its control.
5.02 MOLAS has the right to cease traveling this exhibit if it deems it is unsafe or not practical to do so. In that event, Borrower will be refunded any payments it has made.
5.03 The Borrower will be responsible for any shipping, storage, or other expenses resulting from the Borrower’s cancellation of this contract.
5.04 This agreement, when signed below by both parties, constitutes a binding contract between the Borrower and MOLAS. No changes in the terms of this contract may be made without express written consent of both parties.
I affirm that I have full authority to sign on behalf of the Borrower, that the terms of this contract are understood, and that all terms and conditions will be met.
Your Organization Museum of Light and Sound
_____________________________ _____________________________
Authorized Party and Title Jim Rienhardt, Director
_________________ ___________________
Date Date