Resident Artist Agreement Unlisted Projects

This agreement between Unlisted Projects and the Artist defines the expectations and scope of Unlisted Projects Residency program.

I. Parties

This contract is an agreement between Unlisted Projects (hereafter referred interchangeably as ‘Unlisted Projects’, ‘UP' or ‘Host’) and

____________________________________________

(hereafter referred to as ‘Artist’), currently residing at _____________________________________________ _____________________________________________ _____________________________________________.

II. Term of Residency

A. The residency will cover a period from _________________________ to _________________________________.

B. During this time, the artist will be expected to work at least 30 hours per week on the creation, research, or development of the project set forth in their previous application to [Unlisted Projects].

III. Project Administration

A. During and at the completion of the Residency Period, Host agrees to:

provide its professional services as administrator of the this program,
facilitate and coordinate the exchange of information among all participants this program,
meet periodically in person and by telephone with Artist to plan, evaluate, and consider improvements to the program,
plan and carry out publicity for this program,
cultivate regular and consistent contact with local and regional constituencies,
maintain a documentary record (e.g., photos, recordings, videos, programs, posters, news releases) of the program,
oversee and the installation of the work produced by the Artist during the residency period.

B. During and at the completion of the Residency Period, Artist agrees to:

cooperate with Host to actively promote and advertise this program, including engaging with the UP instagram in a reasonable fashion.
as of the effective date of this agreement, grant to UP the right to use Artist’s name, likeness, audio and audiovisual appearances, and biography in connection with any promotion, advertising, and documentation related to this program, and in any audio or audiovisual program on Artist’s Residency Period and/or this program, made by or under the authority of the Host, in which the Artist may appear.
furnish Host with a digital image of at least 600x600 pixels, and a complete biography within 30 days of Artist’s signing of this Agreement,
work at least 30 hours each week on activities directly related to the implementation of the artwork proposed by the Artist in the Artist’s previously accepted application to Unlisted Projects. As with all projects, we know, expect and encourage some change and flexibility in during the residency period.
provide Sponsor with timely verbal reports on the status of their artwork and residency activities, beginning at the start of the residency period, and continuing for the duration of the residency,
submit a final report and evaluation to Sponsor upon completion of the Residency Period.
Donate one piece of art (loosely defined) to the permanent collection of Unlisted Projects and grant the program the right to show that piece at a later date.
Artist agrees to host one public presentation.

IV. Financial Obligations

A. UP makes the following Grant to Artist:

Stiped as agreed upon in the welcome letter to the Artist for their residency period
in the case that the Artist’s remaining time of residency is less than one full month, the stipend will be reduced to a pro rata share of _______, based on the number of days remaining in their residency period,
this grant is the entire payment obligation of Unlisted Projects for the Residency.

B. By signing this Agreement, Artist agrees:

to be responsible for all taxes pertaining to these payments,
that s/he is receiving benefits from UP by this Grant, that s/he is bound by the terms of this Agreement, and that all rights under Section II.B.2. above are hereby granted.

C. If for any reason the Artist does not fulfill all the terms of this Agreement (see X.E and F below), the Artist will be under no liability for any payments to UP, nor will UP be under any further financial obligation to the Artist..

D. Any work for sale at public or private openings during the artist’s residency should be coordinated with The Museum of Human Achievement and its staff.

V. Residency Obligations

A. UP will provide the following to Artist:

One trailer for accommodations located at 3600 Lyons Rd
One studio space in The Museum of Human Achievement at 3600 Lyons Rd.
Use of UP equipment, to be determined based on projects

B. By signing this Agreement, Artist agrees to the following:

The demised premises shall be used and occupied by Lessee exclusively as a private residency, and neither the premise nor any part thereof shall be used at any time during the residency term by the Artist for the purpose of carrying on any business, profession, or trade outside the scope of the project proposed in the Artist’s previously accepted application. Artist shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises during the term of the residency.
Artist shall not assign any rights to occupy, sublet, or grant any concession or license to use the property or any part thereof. Any assignment, subletting, concession, or license shall be void and shall, at UP option, terminate this agreement.
Artist shall not keep or have on the premises of the residency space any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the demised premises or that might be considered hazardous or extra hazardous by any responsible insurance Company.

C. Except as outlined below (see V.D. and V.E below), if for any reason the Artist does not fulfill all the terms of this agreement, Artist agrees to vacate the residency within 10 days.

D. Artist shall vacate the residency within 3 days under the following circumstances:

Artist willfully damages the value of the residency property
Artist interferes with another tenant’s lawful use of the property
Artist willfully damages property of another resident’s

E. Artist shall vacate the residency immediately under the following circumstances:

Artist threatens, intimidates, or harrasses any other residency participant or agent of UP
Artist engages in activity that creates an imminent hazard to the physical safety of other persons on the premises

VI. Keys and Locks

A. Artist will be given 1 key to the residency trailer and one key to the studio space. If all keys are not returned upon completion of the residency, Artist agrees to pay $50 per key to replace the lock.

B. Artist agrees not to change locks on any door or mailbox.

VII. Acknowledgement

A. In promotion and documentation of the work produced during the residency, including but not limited to print, website, video, and audio documentation, Artist will include the following acknowledgement: “This work was created during a residency at Unlisted Projects”

B. On websites promoting and/or documenting the work produced during the residency period, including Artist’s portfolio website, Artist will additionally include a link to [1]

VIII. Performance and Recording Rights

A. Artist grants UP a continuing, non-exclusive right to display both still images and videos of the work publicly for documentation purposes without limitation or liability for additional payments of any kind in perpetuity. This paragraph does not confer any rights to the sale of such still images or video, including but not limited to photographic prints or video recordings.

X. Limitations, Enforcement, and Jurisdiction

A. This Agreement, including all attachments, constitutes the entire agreement among the above named parties. No waiver, change, or modification in this Agreement is valid or binding unless agreed to in writing and signed by all parties.

B. Each party warrants that it has the right to enter into this Agreement and to grant all the rights it has granted through it.

C. The Artist is not an employee of UP and any work produced by the Artist is not a “work for hire.”

D. Each party agrees to indemnify and hold harmless the other party from all claims, damages, costs, liabilities, losses and expenses, including counsel fees, that it may suffer as a result of such party’s breach of warranty.

E. No party will be liable for failure to fulfil any obligations required by this Agreement in the event that such failure is caused by or due to illness or physical disability, acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, interruption or delay of transportation service, or any other cause beyond the party’s control.

F. If either Artist or UP is unable to fulfill the terms of this Agreement, and if, after reasonable effort, a resolution between the parties can not be reached, then either party shall have the right to terminate this Agreement. In such a case, each party will hold the other harmless for the termination of the Agreement, and neither party will be liable to the other for any unfulfilled obligations as described herein.

G. This Agreement is governed by and shall be construed under the laws of the State of Texas. Any disputes relative to this Agreement shall be settled according to the laws of the State of Texas.