Conditions Governing Loan

The de Young Open exhibition (the “Exhibition”) hosted by the Fine Arts Museums of San Francisco (the “Museum”) is open to all artists, 18 years or older, who currently live in one of the nine Bay Area counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma. Each artist (the “Artist”) will be asked to provide a government-issued photo ID upon delivery of their artwork. The artwork must be the Artist’s original work. All two-dimensional artwork must be delivered ready to hang via two secure points of attachment as per the Artist Guidelines. 

All requirements and restrictions — as specified at in the Artist Guidelines — must be met. The following media are prohibited, including but not limited to, and will not be included in the Exhibition: Wood or plant material that may harbor or attract pests such as dried branches, dried bamboo, driftwood, large bark pieces, hay bales and logs. Preserved insects, animals, and other organic material such as feathers, fur, hair, wool, quills, skins, nests, cobwebs, and antlers. Soil, wool yarn or fabrics. Food items such as fruits, vegetables, nuts, seeds, dried beans, and rice. Liquids, including but not limited to water, in unsealed containers. Materials that produce vapor, smoke, mists, and/or odors. Glitter and/or confetti. Balloons, flammable, toxic, volatile, and/or explosive materials. Weapons, live animals and/or insects. Electricity or electrical elements such as neon and other lights, holograms, batteries, digital elements, and/or kinetic and/or other mechanical elements. Any and all other media or materials that the Museum determines in its sole discretion may pose a risk to the Museum, its collection, its staff and/or the public. The Museum reserves the right to reject artworks during onsite inspection by Museum staff if staff determines that the artwork contains any such media or materials.


All entries must be conceived by the Artist who has submitted the work. Two-dimensional work may be no more than 36 square feet and cannot protrude more than 4 inches from the wall. Three-dimensional work shall be no more than 27 cubic feet. Final measurements must be inclusive of frame, if applicable. Weight for any artwork may not exceed 150 pounds. Artworks must be ready-to-hang, ready to install: two-dimensional work must be framed with secure hanging devices as specified in the application; three-dimensional work must be seismically stable and able to stand freely without mounts and/or other interventions, and suitably prepared for installation (i.e., works can be displayed only by being placed on a platform). Museum staff may modify frames and amend hanging hardware, which may include drilling into the frames, in order to facilitate smooth installation. If artworks do not include appropriate hanging hardware, or cannot be safely placed on the museum floor, they will not be installed. A label with the Artist’s contact information and artwork information must be attached to all artwork.

Delivery and pick-up

Artists are responsible for delivery and pick-up of their artwork to and from the Museum. No artwork will be held at the Museum for any additional time before or after the Exhibition. Artists must hand deliver selected work(s) of art in their assigned delivery slot. Any packing materials must be removed at the time of release and will not be stored by the Museum. The Museum is not responsible for any artwork left on its premises after the specified pick-up date(s). The Museum will release the object only to the Artist, or the Artist’s designated alternate, and only at the agreed upon release date upon presenting valid government issued photo identification. The Museum assumes no responsibility to search for an artist who cannot be reached or does not collect their artwork at the designated time. The Museum’s right to return the artwork shall accrue absolutely at the termination of the loan period. If, after pursuing contact with the Artist based on the Artist’s contact information provided to the Museum, and in accordance with any legal requirements, the Artist cannot be found or the Artist refuses to accept the return of the artwork, the artwork shall be deemed abandoned and become the property of the Museum to dispose of. Video artwork is to be delivered digitally following the instructions provided by museum staff. Video files will be deleted within 30 days of the exhibition closing date.


  1. To facilitate a smooth and safe installation, the Artist agrees to allow the Museum’s art handlers to remove and/or replace existing hanging wire or hardware. If removed and/or replaced, the original hanging wire will not be returned to the Artist by the Museum.
  2. To further ensure a smooth and safe installation, the Artist agree to allow the Museum’s art handlers to secure objects with earthquake brackets, wax, tethers, and/or other removable mounting materials. Artists also agree to allow the removal and/or replacement of existing hanging wire to the back of frames. If removed and/or replaced, the original hanging wire will not be returned to the Artist by the Museum. If possible, existing holes will be used, otherwise new holes will be drilled into the frames. This modification may include, if necessary, as determined by Museum staff, the addition of small “mending plates” on the backs of frames or painting stretchers to ensure security and seismic safety. If added for installation, these mending plates will be removed at the close of the Exhibition, before the art is made available for retrieval.


  1. All artworks will appear on the Museum’s website. Video artworks will be displayed in their entirety.
  2. The Museum shall have the right to use, reproduce and display any images of the artwork provided by the Artist or Artist’s representatives, and to photograph, videotape, and/or otherwise use, reproduce and display the artwork(s) for documentation, publicity, publication, educational, and all other purposes, in print and digital forms, connected with the Exhibition. The rights granted by the Artist to Museum hereunder do not include the right to create commercial merchandise.
  3. The Museum shall further have the right to reproduce images of the artwork(s) on the Museum’s digital channels, including but not limited to the Museum’s website and the Museum’s social media accounts. These images will serve ongoing documentary, educational, and promotional functions for the Museum’s audiences.
  4. The Museum reserves the right to crop, overlay, or otherwise manipulate any submitted images.
  5. The general public may take photos of the artwork(s) for personal, non-commercial use only.
  6. Artists who “appropriate” or use imagery or sound including music from an existing artwork or source are solely responsible for obtaining permission from the copyright holder for such use and for all other applicable reproduction permissions.


The Museum has no responsibility to insure the artwork at any time including, but not limited to, the time the artwork is on museum premises or in transit. The Artist hereby releases the Museum, the City and County of San Francisco, the Fine Arts Museums Foundation and the Corporation of the Fine Arts Museums, and each of their respective trustees, officers, agents and employees, from any loss, liability, damages, claims, demands, expenses or costs arising directly or indirectly from the loan of the artwork to the Museum under this agreement.


The Artist hereby warrants that Artist has full legal title to the artwork. The Artist will indemnify, defend and hold the Museum, the City and County of San Francisco, the Fine Arts Museums Foundation and the Corporation of the Fine Arts Museums, and each of their respective trustees, officers, agents and employees, harmless from any losses, damages and expenses, including attorney’s fees, arising out of claims by individuals, institutions, or other persons arising directly or indirectly out of the Museum’s use of the artwork under this agreement including, but not limited to, all suits or claims for infringement of the copyright or any other proprietary right of any person or persons. The Museum will release the artwork(s) ONLY to the Artist or their authorized designee, as noted on the “Receipt and Release” form.

Loan period and extension

  1. The artwork shall remain in the possession of the Museum for the loan period, but may be withdrawn from the Exhibition at any time by the Museum. The Artist agrees that Artist cannot withdraw the artwork during the loan period. At this time we anticipate the loan period will be approximately one month before opening and one month after closing, with the anticipated exhibition dates being September 30, 2023 – January 7, 2024.
  2. The Artist and Museum agree that the Museum may alter or extend the loan period in its sole discretion and without further action by the Artist due to any delays caused, directly or indirectly, by any cause beyond the Museum’s reasonable control including, but not limited to: the COVID-19 pandemic or other pandemic, shelter-in-place orders, fire, flood, earthquake, elements of nature or acts of God, riots, and civil disorders. Should the Museum alter or extend the loan period under this agreement, the Museum will notify the Artist at the Artist’s email address provided to the Museum during the application process.
  3. The terms of this agreement shall apply to any change to the loan period.


  1. This agreement constitutes the entire agreement between the Artist and the Museum and may be amended or modified only in writing and signed by both parties. Any changes herein of printed text or written additions must bear the initial of both parties. This agreement shall be governed and interpreted according to the laws of the State of California.
  2. Loans to the Museum are subject to the provisions of California Civil Code Section 1899 – 1899.11.
  3. If the terms of this agreement conflict with the forms, agreements or correspondence of the Artist, the terms of this agreement shall control.