Resident Agreement CATS+: Difference between revisions
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==I. Parties== | ==I. Parties== | ||
This contract is an agreement between The Museum of Human Achievement (hereafter referred interchangeably as ‘The Museum of Human Achievement’, ‘MoHA’ or ‘Host’), <br> | This contract is an agreement between The Museum of Human Achievement (hereafter referred interchangeably as ‘The Museum of Human Achievement’, ‘MoHA’ or ‘Host’), <br> | ||
____________________(hereafter referred to as ‘Resident’), currently residing at ________________________________________, <br> | |||
and | and ____________________ (hereafter referred to as ‘Resident’), currently residing at ________________________________________. | ||
==II. Term of Residency== | ==II. Term of Residency== | ||
A. The residency will cover a period from __________ to __________. | |||
B. Residents are expected to make full use of the time and resources for the creation, research, or development of their proposed project. As with all projects, we anticipate and encourage some change and flexibility to the ideas proposed. An encouraged amount of time contributed per resident is 40 hours in summer session/60 hours in fall or spring sessions. | |||
C. We ask that Residents create work with process sharing in mind. MoHA staff will support Residents in their creation and facilitation of a public workshop and 2 wiki articles to share techniques, process, or ideas related to the project. | |||
D. MoHA staff will provide support for a final group exhibition or other culminating public event for the project, as determined collaboratively by staff and all current Residents. | |||
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* Maintain a documentary record (e.g., photos, videos, press releases) of the program. | * Maintain a documentary record (e.g., photos, videos, press releases) of the program. | ||
* Oversee the final exhibition or other culminating public event, workshop, and wiki. | * Oversee the final exhibition or other culminating public event, workshop, and wiki. | ||
B. During and at the completion of the Residency Period, Residents agree to: | B. During and at the completion of the Residency Period, Residents agree to: | ||
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* Follow through with commitments you’ve made, communicate when changes occur. | * Follow through with commitments you’ve made, communicate when changes occur. | ||
* Recognize and celebrate achievements and progress! | * Recognize and celebrate achievements and progress! | ||
All decisions regarding future use, distribution, sales, and exhibition of works created during the Residency Period must be mutually agreed upon by both collaborators and properly attribute credit to all contributors and The Museum of Human Achievement (see section IX). | All decisions regarding future use, distribution, sales, and exhibition of works created during the Residency Period must be mutually agreed upon by both collaborators and properly attribute credit to all contributors and The Museum of Human Achievement (see section IX). | ||
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A. MoHA will provide the following honorarium to each Resident: | A. MoHA will provide the following honorarium to each Resident: | ||
* Stiped as agreed upon in the welcome letter to the Resident for their residency period | * Stiped as agreed upon in the welcome letter to the Resident for their residency period | ||
* Honorarium funds are unrestricted and may be used at the Residents’ discretion. | * Honorarium funds are unrestricted and may be used at the Residents’ discretion. | ||
* These payments are the entire payment obligation of MoHA for the Residency Period. | * These payments are the entire payment obligation of MoHA for the Residency Period. | ||
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B. Residents agree to be responsible for all taxes pertaining to these payments and submit requested financial documents including but not limited to a W9. | B. Residents agree to be responsible for all taxes pertaining to these payments and submit requested financial documents including but not limited to a W9. | ||
C. | C. MoHA will purchase and cover costs for workshop materials up to the amount agreed upon in the welcome letter. | ||
D. | D. If for any reason the Resident does not fulfill all the terms of this Agreement, the Resident will be under no liability for any payments to MoHA, nor will MoHA be under any further financial obligation to the Resident. | ||
E. Any work for sale at public or private openings during the Residency Period should be coordinated with The Museum of Human Achievement and its staff. | |||
==VI. Residency Obligations== | ==VI. Residency Obligations== | ||
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* Access to shared studio space in The Museum of Human Achievement at 3600 Lyons Rd. | * Access to shared studio space in The Museum of Human Achievement at 3600 Lyons Rd. | ||
* Use of MoHA equipment, to be determined based on projects. | * Use of MoHA equipment, to be determined based on projects. | ||
B. Both MoHA and Residents shall: | B. Both MoHA and Residents shall: | ||
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* Respect each other’s space, property, and time while sharing workspace and resources during the Residency Period. | * Respect each other’s space, property, and time while sharing workspace and resources during the Residency Period. | ||
* Work cooperatively to accomplish workshop, wiki articles, documentation, and promotion. | * Work cooperatively to accomplish workshop, wiki articles, documentation, and promotion. | ||
C. By signing this Agreement, Residents agree to the following: | C. By signing this Agreement, Residents agree to the following: | ||
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* Residents shall not use materials belonging to MoHA studio artists, staff, or other residents without permission from those who own them. | * Residents shall not use materials belonging to MoHA studio artists, staff, or other residents without permission from those who own them. | ||
* Immediately contact MoHA staff if a problem arises. | * Immediately contact MoHA staff if a problem arises. | ||
D. Any violation of MoHA’s code of conduct or other attached documents may result in the termination of this agreement. | D. Any violation of MoHA’s code of conduct or other attached documents may result in the termination of this agreement. | ||
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== | ==XI. 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. | 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. | ||
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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. | 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. | ||
[[Category:Contracts]] |
Latest revision as of 21:13, July 18, 2023
This agreement between The Museum of Human Achievement and collaborating Residents defines the expectations and scope of the CATS+ Residency program.
I. Parties
This contract is an agreement between The Museum of Human Achievement (hereafter referred interchangeably as ‘The Museum of Human Achievement’, ‘MoHA’ or ‘Host’),
____________________(hereafter referred to as ‘Resident’), currently residing at ________________________________________,
and ____________________ (hereafter referred to as ‘Resident’), currently residing at ________________________________________.
II. Term of Residency
A. The residency will cover a period from __________ to __________.
B. Residents are expected to make full use of the time and resources for the creation, research, or development of their proposed project. As with all projects, we anticipate and encourage some change and flexibility to the ideas proposed. An encouraged amount of time contributed per resident is 40 hours in summer session/60 hours in fall or spring sessions.
C. We ask that Residents create work with process sharing in mind. MoHA staff will support Residents in their creation and facilitation of a public workshop and 2 wiki articles to share techniques, process, or ideas related to the project.
D. MoHA staff will provide support for a final group exhibition or other culminating public event for the project, as determined collaboratively by staff and all current Residents.
III. Project Administration
A. During and at the completion of the Residency Period, Host agrees to:
- Administer this program and coordinate information exchange among program participants.
- Meet periodically in person or remotely with Residents.
- Plan and carry out publicity for this residency and associated programs.
- Leverage community networks to support the program.
- Maintain a documentary record (e.g., photos, videos, press releases) of the program.
- Oversee the final exhibition or other culminating public event, workshop, and wiki.
B. During and at the completion of the Residency Period, Residents agree to:
- Agree to lead one public workshop, create two wiki articles, and publicly present work in the final exhibition or event.
- Furnish Host with requested promotional materials (image and text) according to details and dates communicated via email.
- Check in with the Host on the status of project and residency activities, beginning at the start of the residency period, and continuing for the duration of the residency.
- Cooperate with Host to actively promote and advertise this program, including engaging with the MoHA Discord server on occasion.
- As of the date of this agreement, grant to MoHA the right to use Resident name, likeness, audio and audiovisual appearances, and biography in connection with any promotion, advertising, and documentation related to this program.
- Provide feedback to Host in an evaluation survey upon completion of the Residency Period.
IV. Collaborator Agreement
All Residents signing this document agree to:
- Establish a project goal, timeline, and milestones.
- Be cool. Respect each other, differences in skill sets, and established boundaries.
- Communicate consistently - don’t assume shared knowledge, create a structure to stay actively connected, listen to each other.
- Be open to learning and sharing from each other and growing together.
- Be the collaborator you hope to have, check your ego, and respect the partnership.
- Follow through with commitments you’ve made, communicate when changes occur.
- Recognize and celebrate achievements and progress!
All decisions regarding future use, distribution, sales, and exhibition of works created during the Residency Period must be mutually agreed upon by both collaborators and properly attribute credit to all contributors and The Museum of Human Achievement (see section IX).
V. Financial Obligations
A. MoHA will provide the following honorarium to each Resident:
- Stiped as agreed upon in the welcome letter to the Resident for their residency period
- Honorarium funds are unrestricted and may be used at the Residents’ discretion.
- These payments are the entire payment obligation of MoHA for the Residency Period.
B. Residents agree to be responsible for all taxes pertaining to these payments and submit requested financial documents including but not limited to a W9.
C. MoHA will purchase and cover costs for workshop materials up to the amount agreed upon in the welcome letter.
D. If for any reason the Resident does not fulfill all the terms of this Agreement, the Resident will be under no liability for any payments to MoHA, nor will MoHA be under any further financial obligation to the Resident.
E. Any work for sale at public or private openings during the Residency Period should be coordinated with The Museum of Human Achievement and its staff.
VI. Residency Obligations
A. MoHA will provide the following to Residents:
- Access to shared studio space in The Museum of Human Achievement at 3600 Lyons Rd.
- Use of MoHA equipment, to be determined based on projects.
B. Both MoHA and Residents shall:
- Follow MoHA’s current health and safety guidelines. MoHA may update guidelines as often as needed, and will communicate changes with Residents.
- Respect each other’s space, property, and time while sharing workspace and resources during the Residency Period.
- Work cooperatively to accomplish workshop, wiki articles, documentation, and promotion.
C. By signing this Agreement, Residents agree to the following:
- Take care of tools, equipment, and facilities. Provided resources are for the use of the Residents at MoHA only and should not leave the premises or be loaned to other parties.
- Ensure safety and care of the property by turning off equipment, checking that all doors are closed, and locking up.
- Observe personal safety precautions while on the premises, especially when using equipment and when working late at night.
- Residents shall not assign any rights to occupy, sublet, or grant any concession or license to use the property or any part thereof.
- Residents shall not have on the premises any article of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the demised premises.
- Residents shall not use materials belonging to MoHA studio artists, staff, or other residents without permission from those who own them.
- Immediately contact MoHA staff if a problem arises.
D. Any violation of MoHA’s code of conduct or other attached documents may result in the termination of this agreement.
VII. Ethical Considerations
While we understand that resident projects are creative in nature, we still ask that Residents honor digital ethics and take responsibility to avoid causing social or environmental harm. MoHA does not endorse projects that involve NFTs, cryptocurrency, or microtransactions. We ask that you consider the broader impact of your project, especially if it can be accessed out of context. All projects are required to prioritize data privacy and user security.
VIII. Keys and Locks
A. Residents requesting building access will be given 1 key to the building and 1 key to the studio space. If all keys are not returned upon completion of the residency, Resident agrees to pay $50 per key to replace the lock.
B. Resident agrees not to change locks on any door, create copies of the key or give key to another party.
IX. Acknowledgement
A. In promotion and documentation of the work produced during the residency, including but not limited to print, website, video, and audio documentation, Resident will include the following acknowledgement: “This work was created during the CATS+ residency at The Museum of Human Achievement”
B. On websites promoting and/or documenting the work produced during the residency period, including Resident’s portfolio website, Resident will additionally include a link to themuseumofhumanachievement.com.
C. In all instances, credit should be attributed to collaborators as agreed upon during the Residency.
X. Display and Recording Rights
A. Resident grants MoHA a continuing, non-exclusive right to display and share work created during the residency, including documentation of final products and processes, without limitation or liability for additional payments of any kind in perpetuity. This paragraph does not confer any rights of sale or ownership. MoHA will notify Residents if work is to be exhibited.
XI. 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 Resident is not an employee of MoHA and any work produced by the Resident 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 fulfill 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 Resident or MoHA 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.