Exigency Advance Purchase Agreement
Terms and Conditions of Sale
7 September 2009


Ownership and Possession
The Purchaser, (hereinafter referred to as "Owner"), shall have rightful and legal claim to the original Exigency painting titled and now known as, "__________________________" as soon as full payment, (including all applicable shipping charges and taxes*), is secured. However, possession is subject to the terms and definitions as set forth in the following paragraphs:

Delivery of the Original Painting
Delivery of the original painting to its Owner shall not be made until after the Exigency Exhibitions have run their course, but no later than December 31st, 2012. In any event, delivery will be made sooner should the Exigency Exhibitions be cancelled or rescheduled earlier than planned.
     Should it become beneficial to the artist to schedule additional showings, or to continue the Exhibitions later than December 31st, 2012, the inclusion of this painting in such Exhibitions shall be at the Owner's sole discretion.

Irreparable Damage to the Original
In the event that the original painting becomes irreparably damaged as defined below, or lost, stolen, or destroyed while in the care of the Artist or any assigned studio, gallery, museum, or transport agency, before delivery to the Owner is made, (but not during final shipment of the painting to the Owner), the Owner shall have the following options to recover his investment:
    1) Receive a full refund of the purchase price, (including all taxes and shipping charges, if any), that have been paid by the Owner; or,
    2) Have a replacement painting executed of the same subject, size, coloring, materials, and composition. This replacement shall
not be identical to the original in color, brush stroke, or subject placement, but for the purposes of this agreement, shall be executed using the same style, craftsmanship, and care as the original as evidenced by a comparison between the replacement painting and the Authorized Canvas Reproduction supplied at the time of purchase.

Definition of "Irreparable Damage"
"Irreparable Damage" shall mean any intentional or unintentional alteration of the painting's surface, (dried acrylic paint), its support, (canvas), and/or its mounting, (stretcher bars), regardless of the cause of damage, that would permanently detract from the painting's original appearance and/or lessen its value as a work of art. This includes but is not limited to, breaking, cracking, or warping of the painting's mount; and punctures, sagging, and scrapes and gouges to the painted surface or its support.

Right to Inspect
The Owner shall have the right to inspect the painting at such times that are reasonable and customary, at any site or location at which the painting is to be shown or exhibited, but not during normal exhibition hours, provided a two-week advance written notice is provided to the Artist and such inspections do not interfere with the normal proceedings of shows and exhibitions or the preparation for them. Inspections of the painting while in storage between shows and exhibitions cannot be made.

Keeping Contact and Delivery Information Current
In return for the Authorized Canvas Reproduction supplied at the time of purchase, the Owner agrees to keep his or her contact and delivery information current and complete, promptly notifying the Artist of any necessary address changes.

Binding Agreement/Delivery of Agreement And Its Copy
A copy of this Agreement, signed by the Artist, shall be provided at the time of delivery of the Authorized Canvas Reproduction of the original painting. The Owner agrees to sign and return the Artist's Copy of this Agreement to the Artist within two weeks of receipt, but in no event shall failure to deliver the Agreement or the Agreement's Artist's Copy exempt either the Owner nor the Artist from complying with the terms and conditions of this Agreement.






  * See the "Order Summary" for specific paintings to determine if shipping charges will apply. Iowa residents are required to pay 7% Iowa State Sales Tax.