Zozobra Activation Participant Contract
Participating gallery/sponsoring institution:
Participating artist:
Structural Fabrication and promotions: Ray Sandoval, President, Kiwanis Club of Santa Fe.
Exhibition logistics, auction and promotions: Lisa Stewart Keating, Executive Director, Santa Fe Gallery Association.
This document represents the entire agreement between the parties listed above relative to the creation, exhibition and sale of artwork for the promotion of the 100th Burning of Zozobra. This agreement is entered into on: _____________________, in Santa Fe, New Mexico and as such is governed by the laws in the state of New Mexico. If any part of this agreement is found to be unlawful it may be stricken without detriment to the other stipulations set forth here.
OBJECTIVE: The creation of 1 molded fiberglass Zozobra to be turned into a work of art by the above signed artist, displayed indoors at the host gallery or institution (above), and recollected for a group show of all 33 effigies and subsequently auctioned with proceeds shared among the parties.
TIMELINE: March 31st: Signed participant agreement due. May 31st: Completed artwork installed at the participating gallery or sponsoring institution (signed above.). June 1st to August 30th: exhibition, photo opportunities and public relations events. August 30th: the 100th burning of Zozobra at Fort Marcy Park in Santa Fe, New Mexico.
TBD: Online and live hybrid auction.
SUBJECT TO CHANGE - please confirm all dates, deadlines and delivery locations as this information may change slightly. All changes must be agreed to in writing by affected parties.
Delivery location: Santa Fe Community Gallery, 201 W Marcy St, Santa Fe, NM 87501
Terms and Conditions
All pick up, delivery and transportation to and from the exhibition space are the responsibility of the individual artist, gallery or sponsoring institution.
Participating artists receive $1,000, plus 50% of sales price in excess of auction reserve ($3k). Any split between artist and gallery or sponsoring institution is at the sole discretion of those parties and is not prescribed in this document. For the purposes of this agreement, the artist and gallery or sponsoring institution will be represented by one point of contact for payment as named here:
Participant understands and acknowledges that Kiwanis Club of Santa Fe owns copyrights and several trademarks on the name ZOZOBRA/OLD MAN GLOOM, the image thereof, common law trademark equivalents such as “Gloom”, “Burn” and “Burn him” within Santa Fe NM and surrounding communities, and all related material which is subject to copyright and/or trademarks.
Kiwanis Club of Santa Fe has a policy whereby it will grant a license to use the name, image, or related works subject to the copyrights and/or trademarks in consideration of some form of consideration which is typically payment of a license fee. Under this contract, Kiwanis Club of Santa Fe is granting participants a license to create a single work in exchange for the collaboration outlined herein. No further reproductions or copies of a three dimensional representation of Zozobra or use of names associated therewith are authorized without a separate licensing agreement with Kiwanis Club of Santa Fe.
All rights confer with the possession of the finished work. Kiwanis Club of Santa Fe and the Santa Fe Gallery Association may display, photograph, reproduce and distribute the finished pieces to promote Zozobra, Santa Fe Tourism, the Santa Fe Art market and the participating artists and the galleries who represent them at their sole discretion for the sole purpose of carrying out the collaboration outlined herein.
The Santa Fe Gallery Association and the Kiwanis Club of Santa Fe, jointly and severally are not responsible for any loss or damage that may occur as a result of any actions related to the curation of artwork for this Zozobra project.
Each gallery and artist is responsible for their own insurance coverage throughout this initiative. Should a loss occur including but not limited to theft, irreparable damage, etc. the artist and representative gallery will be jointly and severally responsible for a sum of $2,500 payable to Kiwanis Club of Santa Fe to be shared equally with the Santa Fe Gallery Association to recoup fabrication and marketing expenses.
For your protection, artwork will be signed in and out on the delivery and pick up dates. The work may be exhibited inside sponsoring galleries until received for group exhibitions. Printed maps and or digital apps will detail where the Zozobras are being exhibited.
Proceeds from the sale of the resulting artworks:
The auction reserve price of $3k will be set to provide $1k reimbursement of fabrication costs to Kiwanis Club of Santa Fe, $1k reimbursement of marketing, exhibition and auction premiums conferring to the Santa Fe Gallery Association and $1k to the artist. All proceeds will be distributed after artwork has been sold.
Additional proceeds:
After the $3k auction reserve is met and distributed as noted above, amounts in excess of $3k will be distributed with 50% going to the participating artist/representing gallery and 25% each going to the Kiwanis of Santa Fe, the Santa Fe Gallery Association. The gallery/artist split is beyond the scope of this agreement.
Reserve not met:
In the event the auction reserve is not met for any individual artwork, Kiwanis and the SFGA retain the right to sell the original work and or ancillary products until the reserve is met. For example, prints of the artwork may be sold with 100% of funds going to fund the auction reserve applied across the 3 participating entities in equal measure.
We are delighted to offer this opportunity to you and look forward with great enthusiasm to working with you on this exciting, once in a lifetime opportunity.
The statues were purposely made to be child-sized so that little Zozobra fans everywhere can engage with them. While we want artists to give their creativity free rein, there are a few stipulations in place to ensure that the completed work is family-friendly.
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No defamatory artistic content or language
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No prurient artistic content or language
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No plagiarism of other artists' content or language
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No toxic or flammable materials
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Artistic medium must be permanent (no water-based materials)
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No sharp protruding objects affixed
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Any decorative assets must be permanently affixed
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Structural integrity must remain intact, e.g. the sculpture must be freestanding when complete, if the structure is altered all pieces and parts must be used in the completed artwork.
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If you have any questions about your intended transformation of the Zozobra assigned to you, please ask for clarification. This is a case where asking for permission is highly preferable to asking for forgiveness.
Please call Lisa at the SFGA 505/982-1648 or on her cell 818/746-0558 if you have any questions, concerns or if you need assistance.
Agreed to by:
Artist Signature:
Representing Gallery Name:
Contact Person Name and Signature:
Date:
Kiwanis:
SFGA:
BENEFITS