Artist Gallery Consignment Agreement Template

15. Security. Ownership and a security right in all works of art or proceeds of sales delivered under this Agreement are reserved to the Artist. The works are not the subject of any claim by the gallery`s creditors. The Gallery undertakes to issue and provide the Artist with a financial report and other documents in the form requested by the Artist that the Artist may need to perfect his security on the Works. In the case of the purchase of a work of art by a party other than the gallery, ownership passes directly from the artist to the buyer. In the event of a purchase of a work of art by the Gallery, ownership will only be transferred to the Artist after full payment of all amounts due under this Agreement. The Gallery acknowledges that it has no rights and may not pledge or encumber any work of art in its possession, nor incur any costs or obligations for which the Artist may be held responsible. Artwork Archive`s reporting features help artists save hundreds of hours of easy-to-generate delivery reports that can be created with just a few clicks.

19. Miscellaneous. This Agreement constitutes the entire agreement between the Artist and the Gallery. If any part of this Agreement is found to be illegal, void or unenforceable for any reason, such retention will not affect the validity and enforceability of any other party. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of any other breach of the same provision or other provisions of this Agreement. This Agreement may not be assigned to or benefit the Successors of the Museum without the prior written consent of the Artist, whether by operation of law or for any other reason. In any proceeding to enforce any part of this Agreement, the aggrieved party shall be entitled to reasonable attorneys` fees in addition to all available remedies. Some artists are initially reluctant to create a formal consignment contract – more paperwork and fear of unpleasant negotiations. But consignment agreements are a professional practice that you should always use when building relationships with galleries and have your art on commission. Suppose there is a 50/50 shipping agreement and a part that sells for $5000 to be paid in installments of $1000 over five months.

The artist owes $2,500. According to the best arrangement, the artist receives the first $2500 paid by the collector (which would happen in the first three months). Otherwise, the artist might be in a situation where they could wait for all payments in instalments to be made before receiving any money. The contract states that if a collector pays in instalments, the artist will be paid in full from the first funds received and will not wait until the end. 16. Duration and termination of the shipment. The Artist and the Gallery agree that the initial shipping period of the Work will last until ___, 200__ and that the Artist will not require the return of the Work before that date, unless the Agreement is violated by the Gallery. Thereafter, this Agreement shall survive written notice of termination by either party to the other. Within thirty days of notice of termination, all invoices must be paid and all unsold artwork returned to the artist at the gallery`s expense. The contract ends automatically upon the death of the artist or if the gallery goes bankrupt or is insolvent or violates the contract. Funds owed to the artist for works sold should not be called a scholarship and should be paid over a longer period of time. If the parties agree on a stock exchange agreement, it should only be included as a non-refundable advance for future sales.

Being clear, deliberate is the best way to establish professional relationships with galleries. Once you and the gallerist or retailer have reviewed your works and the details of the shipping sheet, write down your signature as well as the name and signature of the person receiving the work. By facilitating the work of the gallerist or merchant, you stand out as someone with whom it is easy to work and who takes his work as an artist seriously. You`ll be the first person they think of for the next show, and you`ll be eager to call each other to piece together the inventory. If a restoration is proposed or requested by the gallery, the artist has a right of veto over the choice of the restorer. The artist is responsible for all repairs to the works of art that are necessary due to defective treatment by the artist. When you start with shipping reports, you need to learn the basics first. A shipping report must include a shipping identification number so that you and the Gallery can track a specific delivery, your contact information, merchant or gallery contact information, and the delivery date. Option 1.

The gallery pays the artist all profits due to the artist within thirty days of the sale of a work of art. “Sales on authorization” or “on credit” may not be made without the written consent of the artist. All payments received by the gallery are initially paid to the artist until the artist is paid in full. If you`re in business with a gallery, make sure you have a conversation about expectations and record it in your consignment contract. When you`re first shipping with a gallery, clarifying expectations shows that you`re a professional. Galleries are more likely to reach you in the future. Even in the best relationships based on trust and a good working relationship, there is no substitute for a contract. In order to minimize and hopefully avoid possible conflicts, the rights and obligations of the artist and the gallery must be clearly stated in a contract.

Don`t rely on assumptions and memories of verbal conversations. A good contract, such as the consignment contract developed by the Professional Guidelines Committee, is fair to both parties. It is in the interest of both parties to discuss all the issues presented here. The contract describes the responsibilities and rights of the gallery and the artist. 4. Discounts. A gallery may decide to reduce the sale price under certain conditions, as stated in your contract. This practice is called offering a discount. Artists or galleries can also opt for a “no discount” policy.

Offering a discount raises two immediate questions. First of all, who absorbs the discount? Second, if the responsibility for the reduction is to be shared between the gallery and the artist, how much should the artist bear? In the shipping agreement, the committee provides two options for processing discounts. It is suggested to discuss this issue with the gallery. For more information, please read the Professional Guidelines Discounts document. In contrast, the term “non-exclusive” means that the artist can sell the same work to various companies in the specified geographic area. Typically, in situations where you would use a broadcast report, an artist provides gallery art for free. The gallery then agrees to sell this art for a commission (usually 40% or 50%). Even with a seemingly high commission for the gallery, the delivery of artwork still benefits the artists. Delivering art gives artists the opportunity to reach a new audience and have the advantage of having a third party doing the heavy lifting of organizing a sale.

“Approval sales” are a courtesy to special customers. For example, a gallery may send works to a potential collector to look at at at home. Discuss approval sales with the gallery. The gallery may have a clear guideline that they are used to. There should be a short period (usually a week or less) for all approval periods. The gallery`s insurance should cover all works sent after approval. 5. Payment. Each gallery seems to have its own payment plan, which provides that the artist must be paid within a certain period of time after the sale.

Full payment within thirty days of the sale is standard. Be sure to include a mutually acceptable payment structure in the contract. The artist must complete the form in triplicate. Keep a copy for the artist`s records. Send two copies of the work to the gallery. (Fax or email an additional copy so that the gallery or exhibition sponsor can wait for the box if the work is valuable or unique.) The gallery must sign and return a copy to the artist and keep a copy for its records. 4. Authority of accepted works of artists. Works of art may only be accepted for shipment by one of the persons designated in writing by them as entitled to accept works of art. .