Terms and Conditions of Art Leasing Program

GENERAL TERMS

  1. These terms and conditions (“Agreement”) govern the leasing of artwork (“Artwork”) from Ben Banker (“Artist”) by you (“Lessee”).
  2. By entering into this Agreement, Lessee agrees to be bound by these terms and conditions.

LEASING PROGRAM OPTIONS

  1. The Artist offers a variety of leasing options including, but not limited to, leasing of prints, paintings, and digital installations.
  2. The Artist also offers a leasing program for both homes and businesses, which allows Lessee to lease artwork with the option to buy or receive a commission on sales.
  3. For corporate spaces, the Artist offers an art subscription service that provides quarterly or yearly rotation of new artwork for Lessee’s space.
  4. If Lessee has a specific vision in mind, the Artist is available for commission work.
  5. The Artist also recommends art books for waiting rooms or other professional spaces.

LEASE TERM

  1. The lease term for each Artwork will be agreed upon between the Artist and Lessee in writing.
  2. The lease term may be extended upon agreement by the Artist and Lessee in writing.
  3. The Artist reserves the right to terminate the lease term at any time upon notice to Lessee.

PAYMENT TERMS

  1. The lease payment will be agreed upon between the Artist and Lessee in writing.
  2. Lessee must pay the lease payment in full prior to the delivery of the Artwork.
  3. If Lessee chooses to exercise the option to purchase the Artwork, the purchase price will be agreed upon between the Artist and Lessee in writing.

CARE OF ARTWORK

  1. Lessee must take reasonable care of the Artwork during the lease term.
  2. Lessee must protect the Artwork from damage, loss, and theft.
  3. Lessee must not alter, modify, or tamper with the Artwork in any way.
  4. If the Artwork is damaged or lost during the lease term, Lessee must immediately notify the Artist.

RETURN OF ARTWORK

  1. Lessee must return the Artwork to the Artist at the end of the lease term in the same condition as when it was delivered to Lessee.
  2. Lessee must return the Artwork to the Artist at Lessee’s expense.
  3. If Lessee fails to return the Artwork at the end of the lease term, Lessee will be charged a late fee.

DISCLAIMER OF WARRANTIES

  1. The Artist makes no warranties or representations with respect to the Artwork, including, without limitation, any warranties of merchantability or fitness for a particular purpose.
  2. Lessee agrees to accept the Artwork “as is” and assumes all risk associated with the use and possession of the Artwork.

LIMITATION OF LIABILITY

  1. The Artist shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Artwork or this Agreement, even if the Artist has been advised of the possibility of such damages.
  2. The Artist’s liability under this Agreement shall be limited to the amount of the lease payment.

INDEMNIFICATION

  1. Lessee agrees to indemnify and hold the Artist harmless from any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with the Artwork or this Agreement.

GOVERNING LAW AND JURISDICTION

  1. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Artwork is leased.
  2. Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.
  3. The arbitration shall take place in the jurisdiction in which the Artwork is leased.
  4. The prevailing party in any arbitration or legal action shall be entitled to recover its reasonable attorneys’ fees and costs.
  5. This Agreement constitutes the entire agreement between the Artist and Lessee and supersedes all prior negotiations, understandings, and agreements between the parties.
  6. This Agreement may not be amended except in writing signed by both the Artist and Lessee.