Revocable Studio Space License
Buffalo Arts Studio
2495 Main Street, Suite 500 Buffalo, NY 14214
THIS REVOCABLE STUDIO SPACE LICENSE (License) is between Buffalo Arts Studio, 2495 Main Street, Suite 500, Buffalo, New York 14214 (BAS) and the following Resident Artist (Artist) .
Name of Artist
Address
City, State, Zip
Telephone & e-mail
Licensed Studio Space
WHEREAS, the mission of BAS is to provide affordable studio space for underrepresented and emerging artists, and regular exposure for artists through exhibitions, and enrichment of the community through classes and creative public art programs; and
WHEREAS, Artist wishes to obtain a revocable license to use the studio space described above to create new works of art, and wishes to participate in a community of artists supporting art education and public art; and
WHEREAS, BAS and Artist acknowledge that monthly license fees alone do not cover the costs of the studio space or common BAS facilities to which Artist has access, and further acknowledge the importance of the additional consideration to be furnished by Artist to the success of BAS’s mission;
NOW, THEREFORE, BAS and Artist agree as follows:
1. The term of the license for the studio space shall begin on , 200 and end on June 30, 200 , subject to the other terms of this license. Artist acknowledges having inspected the licensed studio space and Artist accepts the licensed studio space “as is” and with all faults.
2. Artist shall pay to BAS a monthly license fee in the amount of for Artist’s use of the studio space in accordance with BAS Resident Artist Policies. Payment shall be by check or money order payable to “Buffalo Arts Studio”; no third party checks or cash payments will be accepted. Artist agrees to pay the monthly license fee in advance on the 25 th day of the preceding month. Artist shall be assessed and pay a late fee equal to 10% of the monthly license fee on any payment which is made after the 25 th of the preceding month. Should the studio license fee be more than 10 days late, Artists may be asked to vacate the licensed space and will be held responsible for any outstanding fees. When studio use commences, Artist shall also pay $100.00, as a one-time, non-refundable, access fee, for Artists’ access in common with other BAS Artists, to BAS common areas and facilities.
3 . As additional consideration and as a condition of this license, Artist further agrees that Artist shall pay to BAS a 20% commission for sales from Artist’s licensed studio space and 25% commission for sales of such Artist’s artworks from the BAS gift shop or sales employing the BAS charge machine. The commission shall be based on the sale price of each artwork sold (exclusive of taxes, shipping, crating or framing) payable to BAS on the 15 th of the month following the month in which the sale is made. Payment of monthly license fees and sales commissions should be by first party check or money order and preferably mailed to Buffalo Arts Studio, 2495 Main Street, Suite 500, Buffalo, NY 14214 Attn: Director or hand delivered to staff during regular business hours.
4. As additional consideration, and as a condition of this license, Artist agrees to devote 15 hours in each calendar year to BAS community projects.
5. Subject to conditions beyond BAS’s control, the licensed studio space shall have similar heat, light and ventilation provided by BAS generally to studio space areas used for the same purposes. Artist shall be afforded reasonable access to dark rooms, kilns, wash sinks, computer lab, galleries, gift shop and other common areas and BAS facilities in accordance with BAS Resident Artist Policies. Should Artist request and BAS agree to furnish extraordinary access to these facilities (e.g., kilns), specialized equipment (e.g., printmaking) or additional utility usage, additional monthly license fees may, after reasonable notice to Artist, be charged. Artist agrees to keep the licensed studio space clean, and agrees to dispose of garbage daily in designated disposal containers. Artist also agrees to participate, on a cooperative basis with other BAS Artists, in the care and maintenance of BAS common areas and facilities, including walkways, walls, galleries, common work areas and studio areas. Upon termination of the license for any reason, Artist agrees to return the licensed studio space broom clean and in the same condition as at the commencement of the license.
6. Artist agrees to use the licensed studio space to create works of art and not merely as a storage area or display area. Artist specifically agrees to be present at, and to use the licensed studio space a minimum of average of 10 hours per week. Artist authorizes BAS to use Artist’s name, and approved picture and biographical material in BAS advertising and marketing materials, grant applications, and other communications concerning BAS, its programs, and resident artists.
7. Artist agrees to abide by BAS Resident Artist Policies. Artist acknowledges that the BAS Resident Artist Policies may be changed by the BAS Board of Directors and the director during the term of the license, and Artist agrees to abide by such changed policies as may be adopted.
8. Artist authorizes BAS to have immediate access to licensed studio space in the event of an emergency, and Artist agrees to afford access to licensed studio space to BAS at all other times upon reasonable notice to Artist. BAS shall, at all times, be furnished current keys to all locked, licensed studio space.
9. Artist assumes the risk of loss, damage or destruction of any and all equipment, supplies, artworks or other property in the licensed studio space, and Artist shall be solely responsible for any personal injury or property damage to Artist or third persons arising out of or in connection with Artist’s use of the licensed studio space. Artist agrees to make no claim against, and to indemnify and hold harmless BAS, its officers, directors and employees from any claim by Artist or any third party for personal injury or property damage arising out of or in connection with Artist’s use of the licensed studio space. Artist and persons invited by Artist shall, at all times, comply with all Federal, State and local statutes, regulations ordinances and other laws and BAS Resident Artist Policies while in the licensed studio space and/or common areas and facilities of BAS. Artist acknowledges having been advised to consider obtaining individual insurance coverage to cover the loss, damage or destruction of property in the licensed studio space, and to cover Artist’s potential liability for personal injury or property damage under the terms of this license.
10. In the event the licensed studio space and/or BAS common areas or facilities are damaged, destroyed or condemned by eminent domain proceeding or otherwise, to such an extent that BAS, in its sole discretion, deems the continuation of this license to no longer further BAS’s interests, BAS may terminate this license upon written notice to Artist, and Artist’s obligation to pay license fees shall cease as of the date of the notice.
11. Either BAS or Artist may terminate this license, without cause, effective at any time provided that written notice is given not fewer than thirty (30) days prior to the effective date of termination and the specific date of termination is set forth in the notice. BAS may terminate this license on ten (10) days written notice in the event Artist may breach his/her license obligations or fail to observe BAS Resident Artist Policies. As of the effective date of termination, Artist agrees to vacate the licensed studio space, leaving it broom clean and in the same condition including but not limited to wall and floor covering as at the commencement of the license. Artist specifically agrees that if the license is terminated for any reason, that the Artist shall have no claim against BAS or its officers, directors or employees, and that BAS and its officers, directors and employees shall be relieved from any and all liability arising under the terms of this license.
12. Nothing contained in this license shall be construed to create any partnership, joint venture, employer/employee, principle/agent, or landlord/tenant relationship, nor be construed to authorize either party to act for or represent the other in any capacity. This license is not for the benefit of, nor does it give any rights to any third parties.
13. Artist acknowledges that this license has been granted to Artist personally, and Artist agrees not to sub-license or permit third parties to exercise any rights afforded to Artist under the terms of this license. This license contains the entire understanding of the parties and supercedes any prior agreements or undertakings between the parties. Other than as set forth in this license and BAS Resident Artist Policies, there are no other agreements or terms and conditions concerning Artist’s use of the licensed studio space or BAS common areas or facilities.
14. Any notices which either BAS or Artist may give to the other shall be in writing and sent by certified mail or hand delivery to the address stated at the beginning of this agreement or such other address as either party may furnish by written notice conforming to this provision. Notice from BAS to Artist may also be hand-delivered to Artist at the licensed studio space.
AGREED TO: , 200 .BUFFALO ARTS STUDIO, Buffalo, New York
By: (Print Name) Representing BAS
Name
Title
Signature
Resident Artist (Print Name)
Name
Signature