Department of Exhibitions and Exhibition Studies • Sullivan Galleries • 33 South State, 7th Floor • Chicago IL, 60603 • Tel. 312.629.6635 • www.saic.edu/exhibitions
STUDENT LOAN AGREEMENT
GENERAL TERMS AND CONDITIONS GOVERNING LOANS
TRANSPORTATION
Lender is responsible for transportation of the Object(s) to and from the exhibition site.
INSTALLATION
Lender is responsible for the installation and deinstallation of the Object(s), including responsibility for Lender’s own safety during
installation/deinstallation. Lender must comply with the requirements of SAIC’s Exhibitions and Exhibition Studies staff. SAIC retains the right
to relocate or to remove any Object(s) from exhibition, including, but not limited to, those that may present risks to the health and/or safety of
viewers or participants or that may be disruptive to the education process.
To the extent that Lender brings any tools, materials, and/or equipment to SAIC to perform the installation or deinstallation, Lender warrants to
SAIC that all tools, materials, and/or equipment will be of good quality, free from defects and deficiencies and suitable for the intended
purposes.
If Lender uses any equipment owned by SAIC in the performance of the installation or deinstallation, Lender does so at his/her own risk, taking
the equipment “AS IS” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND FROM SAIC. Lender represents and warrants to SAIC
that Lender has examined such equipment and determined that it is in proper working order as well as appropriate and suitable to the use that
Lender seeks to make of it and that Lender is trained in the proper use of such equipment.
REPRODUCTION, CREDIT & PHOTOGRAPH/RECORDING RELEASE
Lender grants permission to SAIC and its agents to use, reproduce, display, photograph, modify, distribute, transmit, publicly perform or exhibit
the Object(s), in whole or in part, without restrictions or limitations, in any media now known or not yet invented, and for any purpose that SAIC
deems appropriate and consistent with its charitable, artistic and educational mission, including, but not limited to, publicity, advertising,
website, web-streaming, podcasting and other internet purposes.
SAIC will give credit to Lender as specified on the face of this Agreement in any publications related to the exhibition of the Object. Whether
individual labels are provided for objects on exhibition is at the discretion of SAIC.
Lender grants permission to SAIC to photograph and/or record Lender’s likeness, voice and/or any performance, event, lecture or other
presentation that Lender participates in (“Photographs/Recordings”) and further grants permission to SAIC to use and publish, without payment,
any Photographs/Recordings for any purposes whatsoever including, but not limited to advertising, publicity, SAIC website and other internet
purposes. Lender waives any right to inspect or approve the Photographs/Recordings or any written copy that may be used in connection with
them.
SAIC may sublicense the rights and permissions granted herein to third parties, in SAIC's discretion, for the benefit of SAIC.
Lender represents and warrants that he/she has the authority to grant the permissions stated herein to SAIC and that SAIC’s exercise of these
rights and permissions will not infringe on any third-party right, including but not limited to copyright or trademark.
CHANGE IN OWNERSHIP AND/OR ADDRESS
Lender must notify SAIC promptly in writing if there is a change in ownership of the Object(s) or if there is a change in the identity or address of
the Lender. SAIC assumes no responsibility to search for a Lender (or owner) who cannot be reached at the address of record.
RETURN OF LOANS
SAIC’s right to return the Object(s) shall accrue absolutely at the termination date of the loan period. If Lender does not claim the Object(s) on
or before the date of termination of the loan period, Lender hereby gives all right, title, and interest in the Object(s) to SAIC which may retain the
Object(s) as a charitable gift absolute or dispose of the Object(s) in any way convenient for SAIC. Lender (if also the artist) hereby waives any
rights under section 106(A) (a) (3) of the Visual Artists Rights Act of 1990. In addition, to these rights, SAIC may use the Museum Disposition
of Property Act, 765 Ill. Complied Statutes Sec. 1033, to resolve the disposition of unclaimed objects.
RELEASE
Lender hereby releases and discharges SAIC, the Chicago Park District, and each of their Trustees, officers, commissioners, agents, and
employees from any and all liability, claims, losses, damages, or injuries (including personal injury or death) arising out of this Agreement.
Lender acknowledges and agrees that Lender bears the sole risk of any loss (including loss or damage to the Object(s)), claim, damage, or
injury (including death) arising out of this Agreement or in any way relating to the exhibition of the Object(s). Lender covenants not to sue
SAIC, the Chicago Park District, and each of their Trustees, officers, commissioners, agents, and employees for any damages (including loss or
damage to the Object(s) or personal injury), expense, or liability of any kind.
MISCELL
ANEOUS
This A
greement represents the entire understanding of t
he parties hereto and supersedes any and all other and prior agreements between the
parties. The terms of this Agreement may not be modified or amended, except in a writing signed by all parties hereto. This Agreement and all
matters relating to it shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Any dispute arising
hereunder shall be resolved in the state or federal courts located in Chicago, Illinois and the parties hereto consent to personal jurisdiction of
those courts. If any provision or part of a provision of this Agreement is found by a court of competent jurisdiction to be void or contrary to law,
such provision or part of a provision will be deemed to be severed from the other provisions hereof and the remainder of this Agreement will be
given effect as if the parties had not included the severed provision or part of a provision. This Agreement may be executed in counterparts
each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
