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6. Risk
of Loss and Insurance. The risk of loss or damage to an Original Work and the provision of any insurance to cover such loss or damage shall be the responsibility of the Collector from the time of receipt of the
Original Work by the Collector. Signed and numbered Limited Editions are
guaranteed for the lifetime of the original owner against deterioration or
damage and will be replaced under any circumstances if at least 51% of the Work
is returned to Studio Elena Roche.
7. Copyright and Reproduction. The Artist reserves all reproduction rights, including the right to claim statutory copyright, in the Work. The Work may not be photographed, sketched, painted, or reproduced in any manner whatsoever without the express, written consent of the Artist. All approved reproductions shall bear the following copyright notice: © by (Artist's name) (Year____).
8. No destruction. The Collector shall not destroy the Work or permit the Work to be destroyed without first offering to return ownership of the Work to the Artist or his or her successors in interest.
9. Integrity. The Collector shall not distort, mutilate, or otherwise alter the Work. In the event such distortion, mutilation, or other alteration occurs, whether by action of the Collector or otherwise, the Artist shall, in addition to any other rights and remedies, have the right to have his or her name removed from the Work and no longer have it attributed to him or her as its creator.
10. Attribution. The Artist shall, at all times, have the right to have his or her name appear with the Work and to be acknowledged as its creator.
11. Right to Exhibit. The Artist may borrow an Original Work (not a limited
edition) for up to ___ days once every ___ years for exhibition. The Artist shall give the Collector written notice no later than ___ days before the opening and shall provide satisfactory proof of insurance and prepaid transportation. All expenses of the loan to the Artist shall be paid for by the Artist.
12. Restoration. In the event of damage to the Work requiring restoration or repair, the Collector shall offer the Artist the first opportunity to restore or repair the Work and, in any case, shall consult with the Artist with respect to the restoration or repairs.
13. Resale Proceeds. On resale or other transfer of the Work, the Collector agrees to pay the Artist 10% percent of the gross sale price received or, if the Work is transferred other than by sale, to pay 10% percent of the fair market value of the Work as of the date of transfer.
14. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above
or as otherwise indicated below.
Artist __________________________Date_____________________
Collector _______________________Date______________________
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