Residence Terms of Service

I n s t i t u t o   V o l u s i a n o   d e   
A r t e s  A v a n ç a d a s



Residence Program, Terms of Service



Parties:
   
1. The Instituto Volusiano de   Artes Avançadas, established in São Paulo, Brazil, represented in this by directors Rogério Largman Borovik and Samira de Souza Brandão Borovik, hereafter referred to as Institute.


2.The artist (in residence) hereafter referred to as AIR living in the Institute Space.


By checking in the facilities of the Institute, or by previously paying a reservation deposit, the AIR fully agrees with the following conditions and with the Residence Rules & Regulations:


Section 1 Duration and termination of the agreement.


1.1  The Institute makes the living space available for precisely the check in and out dates confirmed by email to the artist, in the furnished studio/living space situated on Rua São Gall 110, CEP 05054-170, in São Paulo, Brazil.


1.2  This agreement terminates on the check out date, confirmed by email.


1.3  In the event of non-payment, if the AIR continues to remain in default of meeting the obligations resting on him/her pursuant to the law or this agreement, also after a written injunction, the Institute is entitled to consider this agreement dissolved immediately, without further notice of default or legal intervention. In applying this, the Institute will notify the AIR by registered letter.


1.4  Commensurate with sections 1.1 and 1.2, parties declare to be cognizant of and in agreement with the fact that the current agreement is solely entered into for the temporary use of the living/working space, rent per season.


Section 2 Rent/hosting


2.1 The rent price to the AIR is informed by email. This amount is inclusive of water, gas, electricity and the use of a broadband Internet connection. The total amount shall be paid divided in to parts, the first down payment will be for reservation purposes, and the second and final payment during checking in, at the beginning of the term of tenancy and prior to receiving the keys.


Section 3 Use


3.1.  The Institute is intended for use as a living/working space by the AIR. The Institute organizes workshops, lectures and exhibitions in its common space, the same house where the AIR is hosted, so the use of the collective spaces by the AIR is subject to availability, according to the Agenda of the Institute. The AIR only has total privacy in his sleeping room.


3.2. The AIR declares that the Institute is in a good state of repair and binds him/herself to maintain it continuously and to deliver it in this same state at the end of the tenancy, complete with the furnishings and furniture. With the exception of wear and tear, the AIR is liable for all damage to the sleeping room and contents, as well as for the maintenance of the sanitary system, the pipes and drains and for the warm water systems, if present. The Institute is entitled to charge exceptional cleaning costs, if necessary, to the AIR at the end of the tenancy, or during the period of residency.


3.3. The AIR must ensure that neighbors suffer no nuisance (noise, smell or other form of serious nuisance) from the use of the Institute, including the staircase and doorways and, if necessary, must take suitable measures to prevent this.


3.4.  Roofs and mezzanines may not be accessed unless with the consent of the Institute.


3.5. The AIR is not permitted to lease or allow the Institute or part of it to be used by others. Keeping pets, carrying out renovations or changes is equally prohibited without the prior written consent of the Institute.


Section 4 Maintenance and alterations in or to the  Institute.


4.1. The Institute and the AIR are obliged to maintain the space in a usable and livable state and to carry out any necessary maintenance activities. The AIR is responsible for maintaining the interior of the sleeping room, as well as for small repairs.  


4.2  After being informed by the Institute, the AIR shall ensure that the persons indicated by the Institute will gain access to view the sleeping room in relation with checking any faults. Repairs and improvements shall be undertake on weekdays between 9:00 and 18:00, once the AIR has been informed of this at least 24 hours in advance


Section 5 Liability.


5.1. In so far as the AIR neglects to deliver the Institute, empty of his/her personal possessions, at the close of the duration of this agreement, as referred to in sections 1.1 or 1.2, the AIR is liable for all damage and costs arising from this for the Institute.


5.2. The Institute obligates itself to insure the property against fire.


5.3. The Institute is not liable for the consequences of damage to or theft of property belonging to the AIR. The AIR is responsible for his/her belongings and should take out insurance for them, if necessary.



Section 6 Termination of agreement.


6.1. On the termination of the agreement, the AIR is obliged to deliver the sleeping room empty of all personal belongings and to return the keys immediately to the Institute on termination of the agreement.


6.2. On the termination of the agreement, the Institute is in no way obliged to make alternative living space available to the AIR.



Section 7 Final provision.


7.1. If, in the event of non or of incomplete fulfillment of this agreement, measures in or out of court are taken against the AIR, all costs arising from this will be paid by him/her.


7.2. In the event of disputes arising from this agreement between the Institute and the AIR, the Brazilian law will be applicable.The Brazilian court will mediate any dispute between the Institute and the AIR, the parties choosing the jurisdiction of the Court of São Paulo, with a waiver of any other.

7.3. The Residence Terms of Service can be updated at any moment without prior notification. Any matter not covered by this agreement with be decided by the directors. The Artist In Residence have access to these Terms by a link provided by email.

São Paulo, 7 de Novembro de 2012
 







INSTITUTO VOLUSIANO DE ARTES AVANÇADAS

Rogério Borovik 

Samira Brandão Borovik.

Rua São Gall, 110
05054-170
São Paulo – SP
Brasil