Dear Artist: 

We are writing to inform you in regard to a boarded-up storefront you painted on within the SoHo Broadway business improvement district located around Broadway from Houston to Canal (the “District”).  The SoHo Broadway District Management Association, Inc. d/b/a SoHo Broadway Initiative (the “Initiative”) is the not-for-profit that manages this District. 

Thank you for coming to SoHo Broadway to share your art and message. 

The Initiative has been attempting to coordinate with property owners/retailers so that artists can retrieve the plywood boards that they painted on as they are taken down by property owners/retailers along SoHo Broadway. The Initiative’s efforts have included communication with property owners/retailers, putting stickers on boards to ask that contractors contact the Initiative when a board is coming down, trying to keep a watchful eye on the boards as well as coordinating the pick-up and storage of dozens of plywood boards.

We are pleased to report that we believe that we have retrieved the board that you painted on (see attached photo[s]), and we wanted to offer you the opportunity to pick them up.  Alternatively, you can relinquish the board to the Initiative.

There has been some discussion of potential for a future exhibition, those conversations are on-going and no concrete plans are in place at this time. 

Please fill out the form below to tell us if you’d like to pick up the plywood board you painted on or relinquish the board. The deadline to respond with is August 15, 2020. 

If you do not complete the above linked form by August 15, 2020, we will return the plywood board to the property owner/retailer. 

Please contact us with any questions.

Sincerely,  
SoHo Broadway Initiative

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* 1. Artist Name

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* 2. Email Address

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* 3. Mobile Phone:

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* 4. Description of Artwork Painted on the Board

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* 5. Signature or Social Media Handle Included on the Board

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* 6. Creation Date

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* 7. Building address of artist board (if known)

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* 8. Please select one of the following options in regard to the above referenced artwork that you applied to the plywood board (the “Board Artwork”):

For the avoidance of doubt, the artwork applied to the plywood board(s) may have been applied without the express written permission of the owner of the plywood board and the Board Artwork may include more than one piece of wood but is referring to a single artistic work of art. 

Pick-Up Terms: I represent that I am the sole creator of Board Artwork, and I agree to: 
  • Accept the Board and the Board Artwork in its as-is condition.
  • Not publicly disparage, or induce or encourage others to publicly disparage, the Initiative with respect to its efforts to return the Board to me, or otherwise with respect to the Board and/or the Board Artwork.
  • Waive any and all claims against the Initiative, and its directors, officers, employees, agents, contractors, successors and assigns, related to the Board Artwork, including but not limited to any claim related to loss, damage, vandalism, destruction, distortion, mutilation, modification, removal, relocation, maintenance or storage of the Board Artwork (including claims under the Visual Artists Rights Act (VARA) of 1990 or Article 14 of the New York State Arts and Cultural Affairs Law).
The Initiative makes no representations, warranties or guarantees about the Board Artwork and disclaims any liability relating thereto. The Initiative will not claim any ownership interest in the Board Artwork and makes no representations, warranties or guarantees regarding any third-party claims to the Board Artwork.

Procedure to Pick-Up Board Artwork: Arrangements to pick the Board Artwork may be made by email to Brandon Zwagerman (bzwagerman@sohobroadway.org). Pick-up of the Board Artwork will generally occur from 9:30am to 3:30pm on Tuesdays, excluding holidays, at a time designated by the Initiative. If Tuesdays are not possible for the Artist; the Initiative will work to make alternate arrangements. A Board Artwork will only be released to the artist and upon providing a signed original release(blank release linked here) to the Initiative. Deadline to pick up the Board Artwork is August 25, 2020, all unclaimed Board Artworks remaining after August 25 will be returned to the property owner/retailer.   

Relinquish Terms: I represent that I am the sole creator of Board Artwork, and I agree to: 
  • Make an unrestricted gift of the Board Artwork to the Initiative.  I acknowledge that this gives the Initiative the authority to display, exhibit, transfer ownership, use, move, dispose or destroy the Board Artwork.
  • Not publicly disparage, or induce or encourage others to publicly disparage, the Initiative with respect to its efforts to return the Board Artwork to me, or otherwise with respect to the Board Artwork.
  • Waive any and all claims against the Initiative, and its directors, officers, employees, agents, contractors, successors and assigns, related to the Board Artwork, including but not limited to any claim related to loss, damage, vandalism, destruction, distortion, mutilation, modification, removal, relocation, maintenance or storage of the Board Artwork (including claims under the Visual Artists Rights Act (VARA) of 1990 or Article 14 of the New York State Arts and Cultural Affairs Law), and any claims of ownership, rights or interests to the Board or Board Artwork. 
The Initiative makes no representations, warranties or guarantees about the Board Artwork and disclaims any liability relating thereto.  The Initiative will not claim any ownership interest in the Board Artwork and makes no representations, warranties or guarantees regarding any third-party claims to the Board or the Board Artwork.

In witness hereof, the parties intend to be legally bound by the ter

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* 9. Artist (enter your initials here to agree to terms)

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* 10. Name

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* 11. Date

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SoHo Broadway Initiative

By: Mark E. Dicus

Name: Mark Dicus

T