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Checklist Travel Exhibitions Contracts
ECSITE - SUGGESTED CHECKLIST FOR TRAVELLING EXHIBITION CONTRACTS
An informal group of ECSITE members has developed a list of recommendations for critical issues to be considered when contracts between travelling exhibition providers and hiring venues are developed. The work has progressed through a series of meetings held in 1997-1998 in London, Vantaa/Helsinki and Lisbon. The final version has been drafted by Aarre Matilainen (Heureka), Per-Edvin Persson (Heureka/ECSITE), Audrey O’Connell (Natural History Museum) and Graham Farmelo (Science Museum). Secretarial assistance has been provided by Irmeli Jyrinsalo (Heureka).
Although legal points and style of language may vary from country to country, this simple checklist is meant as a guide to assist ECSITE members in covering points which serve the best interests of both parties. It is not to be considered legal advice.
THE CONTRACTUAL PARTIES
the legal names of the contracting parties, to be defined as "the Lessor" and "the Lessee" as well as of any other party to be contractually obligated
DEFINITIONS
- precise definitions of all terms to be used in the contract such as:
- Parties, Exhibition,
- Exhibition Period, Exhibition Hours, Contractor, Contract Period, Exhibit
- Items/Content, Venue Location, Exhibition Evaluation, Expiry Date
LEASE & LICENSE
purpose of the lease and the geographical and time limitations of the license/exclusivity granted by the Licensor to the Lessee
CONDITIONS TO BE DEFINED
Depending on the nature of a particular exhibition and the needs of the parties involved, many or all of the following points would likely need to be considered under "Obligations of the Lessor" and "Obligations of the Lessee" sections of a contract between an exhibition provider and a hiring venue:
- provision of exhibition information
- provision of complete technical specifications and requirements
- provision of installation manuals
- minimum exhibition area, including height and weight loads
- access
- storage
- language of text and translation procedures
- graphics production
- cultural adaptation
- electrical supply (voltages, power consumption, sockets, power failure) and testing of electrical equipment
- compressed air supply or other technical specifications
- supply of additional equipment, e.g. computers
- supply of internet connection modification to computer programmes
- alterations/modifications to the exhibit items
- transport and unloading/loading requirements
- customs clearance requirements and permits
- delivery and exit dates and procedures
-environmental gallery conditions
- visitor flow/pedestrian floor areas/public exits
- health & safety requirements
- security requirements
- conservation and loan agreements
- exhibition maintenance and repair
- reporting of technical problems
- provision of spare parts and maintenance equipment
- staffing requirements
- division of responsibilities
- services supplied by both parties during set-up, tear-down, and
- during the exhibition
- reporting (visitor numbers, technical problems, condition reporting)
- marketing materials provided and reporting
- exhibition branding, use of logos and images
- film/photographic releases for commercial filming
- sponsorship issues affecting multiple venues/limitations/policies
- quality assurance and inspection procedures
- retail merchandise
- educational materials
- internet, use of website material
INSURANCE
insurance values:
1. transit insurance
2. insurance during "Contract Period"
- break-down of insurance values for exhibit items
- clear definition of insurance cover during loading and
- unloading process
- liability cover (of both parties)
PAYMENTS & TERMS
- payment details (full name of account holder, account number, etc.) and method of payment
- summary of agreed rental fee, fixed fee or revenue share model,
- deposit requirement
- payment schedule
- currency and rates of exchange to be used
- payment of various taxes
- transportation costs
- transportation insurance and exhibition insurance costs any other costs to the Lessee which may or may not apply, such as repairs, translation and graphics production, shipping late payment and debt recovery penalties
-inspection of accounts
SANCTIONS, DISPUTES, TERMINATION, OWNERSHIP
- cancellation penalties
- failure to deliver penalties
- termination conditions
- repossession rights
- force majeure
- intellectual property rights
- contracts in governing law of Licensor
- settlement of disputes (arbitration)
- waivers to be kept individual
- invalidity to be kept individual
- ownership of the exhibit items and its protection
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