Artists’ Disaster DIY Guide
A deliberately brief guide to navigating hard times.
6 Steps for
Right Now:
Click to expand toggles.
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Your email inbox is overflowing. Use the script below to set an out-of-office response. Here's a script:
Thank you for getting in touch. I'm safe, but my community was hit hard by Helene. We currently have very minimal access to phone and internet. I will be away from email [DATE] to [DATE] as I [CHOOSE ONE: evacuate the area and get to a location with better resources OR participate in efforts to stabilize the region]. I will respond to your message as soon as possible. If we had a meeting scheduled, I will be in touch to reschedule when I get reconnected to services.
Here are instructions for Gmail: Set an out-of-office response. -
Collect a list of all damages and losses. This list will be critical for applying for insurance claims or other relief (such as FEMA).
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Collect any legal documents such as insurance policies, lease agreements, or contracts. If you do not have formal contracts, please search your email or messages for any agreements. For example, the agreement you made with a business to sell or hold your work for sale.
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Collect a list of any possible debts owed to you, such as pending payments or consignment fees.
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Collect any photographs showing your objects and/or space both A) before and B) after the damage.
A) "Before" pictures can be images of your space from an opening or gathering, images taken while you are working, or even candid background pictures.
B) "After" pictures should be taken ONLY when it is safe to reenter your space and should be taken (if possible) before you start clean-up.
Here are good examples of what we mean from Foundations Studios Asheville: Examples -
If you are a craft artist, you may be eligible for an emergency grant. To apply, you will need to provide:
1) a resume or artist statement (and we can help if you don't have one),
2) at least 5 images of your work, and
3) 3 career references
The Process
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Fill out this form: WNC Pro Bono Help for Artists
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If you've already filled out the form, you will receive a reply email inviting you to schedule a call with one of our attorneys.
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Our firm practices art law. Collectively, we have 10 degrees and decades of experience. We both went to Duke Law. Katherine also has a PhD in Art History and Robert has an MBA, so we know a lot about the business of art - and how tough it can be.
We also have direct experience with Asheville - we lived there, raised our daughter there, and started this firm there.
You can read more about us under Who We Are. -
Our usual projects include:
• Copyright and trademark registration.
• Breach of contract, copyright infringement, trademark infringement.
• Website terms and conditions, privacy policies, and other required statements.
• Estate planning advice for artists, writers, musicians, collectors, and foundations.
• Setting up creative businesses and non-profit organizations.
• Negotiating and drafting contracts for private and public commissions, sales, licensing, representation, publications, and exhibitions.
• Advising established creative businesses on restructuring and strategic growth.
But both of us have an unusually high level of experience with emergency pro bono efforts with Veterans Affairs, nonprofits, and private law firms.
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We want our clients to have the very best advice - always. If any aspect of your pro bono matter deserves attention from an outside specialist, we ask a trusted colleague to consult - with your permission, of course.
FEMA Relief
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FEMA is the go-to agency for disaster help in the US. They handle everything from providing temporary shelter and financial aid for home repairs to funding public infrastructure restoration. They also focus on educating people about preparing for disasters. Essentially, FEMA's all about helping communities recover and get back on their feet after tough times.
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FEMA can help out with things like
1) money for home repairs that your insurance doesn't cover,
2) temporary housing if your place is unlivable, and
3) even assistance with medical, dental, and funeral expenses related to the disaster. On top of that, they offer grants to help replace personal belongings and can guide you toward recovery programs. -
We'd love to give you a precise timeline, but we can't. FEMA processes applications in the order they are received, so the sooner you apply, the sooner you will receive an aid determinaton.
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This typically means having proof of identity, proof of home ownership or lease, and evidence of the damage caused by the disaster readily available. This could include photos, repair estimates, and records of any temporary lodging expenses.
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To get the ball rolling, you'll usually need to apply through their website. Here's the direct link for North Carolinians: FEMA Assistance
You can also apply at:
Online: https://disasterassistance.gov
By telephone: 800-621-336
Using the FEMA Weather App (download via Google Play or the App Store)It takes about 15 minutes. Don't worry - you can do it on a phone and you don't have to fill it all out at once.
Remember to save your confirmation number! -
If you are one of the victims of the latest hurricane disasters, and you are not categorized correctly as being in a flood zone by FEMA, please update your flood zone designation area.
Property owners who have been affected by floods from natural disasters but are not mapped being in a flood zone area can correct that discrepancy by submitting the documentation to FEMA through their “Change Your Flood Zone Designation” page.You will be contacted by a FEMA agent to confirm your submission and discuss your options for emergency relief funding.
Insurance Claims
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Maybe.
If you work from home and you have a mortgage, your artworks, equipment, and materials may be covered by your home insurance.If you rent your home, your personal property may be covered under your renter's insurance.
If you work from a studio (whether permanently or temporarily), you may be covered under a business owner's policy or renter's insurance.
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A successful insurance claim depends on gathering the necessary documentation
1) photos of the damage,
2) a detailed inventory of lost or damaged items, and
3) any relevant receipts.
Documentation doesn't have to be scientific, but it does need to depict the before and after. Even snaps from your latest opening and candids taken while you were working may be useful if they help document your losses.
You'll also need to carefully review your insurance policy to understand what coverage you're entitled to. (We can help!)
Leases & Other Agreements
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That gallery, studio, or shop may owe you.
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North Carolina has not yet issued any legal guidance on the kind of rent relief we saw in the pandemic.
However.
"David Bartholomew, an attorney with Pisgah Legal Services, says special rules apply right after a storm like this, particularly as lack of electricity has interrupted residents’ access to their bank accounts.“Tenants are going to have the option of canceling their lease if they need to, but they also have a right to stay there in the property and require the landlord to fix it,” Bartholomew said.
In North Carolina, evictions can only happen through the court system. And if your county court is closed, you can’t get evicted.
Until October 14, Bartholomew said, “Legally, you can't be kicked out. You can't be locked out. And if landlords are trying to tell tenants that they have to leave, tenants should respond that they have to go through the court system.”
The best thing to do is get requests for repairs in writing, whether via text, email or letter. From that point, it becomes the landlord’s responsibility to take care of the issue, even if current circumstances may make the process longer."
- via Blue Ridge Public Radio -
North Carolina has not yet issued any legal guidance on the kind of rent relief we saw in the pandemic.
Government Benefits
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Artists who are unemployed as a direct result of Hurricane Helene may be eligible for unemployment benefits under the Disaster Unemployment Assistance (DUA) program. Self-employed artists may be eligible depending on the circumstances.
DUA is available in these counties for weeks of unemployment effective Sept. 29, 2024, and may last for up to 26 weeks (or through March 29, 2025). Eligibility for DUA is determined weekly, and you must continue to be out of work as a direct result of the disaster each week to get unemployment benefits.
It's important to apply soon, and you can do so online or by phone. You will need to provide documentation.
Read more here: Disaster Unemployment Assistance (DUA).
Grant Opportunities
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Here are some grant opportunities you can consider:
1) ArtsAVL Emergency Relief Grants for Asheville Artists. $500. Arts professionals working in visual arts, performing arts, literary arts, music, film, choreography, interdisciplinary arts, and more.
2) Center for Craft Craft Futures Fund. $500. A craft artist, maker, creative manufacturer, or culture bearer who has experienced at least one of the following due to Hurricane Helene:
Total or significant loss of studio space
Destruction of tools, materials, or completed artwork
Displacement from their homes
Or other unexpected expenses directly resulting from this catastrophic, career-threatening event.
3) CERF+ Emergency Relief Grants. $3,000, only for craft artists.
4) Robert Rauschenberg Foundation/New York Foundation for the Arts medical emergency grant. Up to $5,000. Dancers, visual and electronic media artists. Cycle open October 29 – November 26. (There are bimonthly cycles.) Watch a recorded info session here.
5) Robert Rauschenberg Foundation/New York Foundation dancer emergency grant for essential expenses including rent, utilities, medicine/healthcare, and food Dancers only. Current deadline: October 25. (There are bimonthly cycles.) Watch a recorded info session here.
6) Artists’ Fellowship one-time emergency aid to professional visual fine artists and their families in times of sickness, natural disaster, bereavement, or unexpected extreme hardship.
7) The Gottlieb Foundation interim financial assistance to qualified painters, printmakers, and sculptors whose needs are the result of an unforeseen, catastrophic incident. To be eligible for this program, an artist must be able to demonstrate a minimum involvement of ten years in a mature phase of his or her work. Average $5,000. Artists must work in the disciplines of painting, sculpture or printmaking.
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National Coalition for Arts Preparedness and Emergency Response (NCAPER) is holding response calls for artists and arts organizations. Email jnewcomb@ncaper.org to receive the schedule and Zoom login information.
Other Concerns
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Apply for unemployment benefits, if you're able. (See above.)
If you're a craft artist, apply for a CERF+ grant. (See below.)
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North Carolina has not yet issued any legal guidance on bill payment relief.
However, you can call your credit card company, utility provider, medical provider, or other bill issuer to negotiate directly.
As you may remember from the pandemic, may companies are willing to defer or reduce payments in emergency situations.
CONTACT US
CONTACT US
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