VIEWS: 27 PAGES: 4 CATEGORY: Buying and Selling POSTED ON: 12/8/2011
This is an agreement for a buyer to obtain the exclusive rights to sell, arrange, and exhibit an artist's works of art for a period of time, subject to certain conditions. The agreement contains standard provisions as well as opportunities for customization to fit the specific needs of the parties. This agreement is useful to an individual or business located in New Mexico that is seeking to sell, arrange, or exhibit works of art or to an artist seeking to have his or her works of art sold.
Docstoc Legal Agreements This is an agreement for a buyer to obtain the exclusive rights to sell, arrange, and exhibit an artist's works of art for a period of time, subject to certain conditions. The agreement contains standard provisions as well as opportunities for customization to fit the specific needs of the parties. This agreement is useful to an individual or business located in New Mexico that is seeking to sell, arrange, or exhibit works of art or to an artist seeking to have his or her works of art sold. ® DISCLAIMERS: ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND COMPLETENESS. They are for general g uidance and should be modified by you or your attorney to meet your specific needs and the laws of your state. Use at your own risk. 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All Rights Reserved AGREEMENT TO SELL WORKS OF ART The following constitutes the entire agreement with respect to the sale by ________________________________ [Instruction: Insert the Buyer’s name] ("Buyer") of sculptures, drawings and graphics created by ________________________________ [Instruction: Insert the Artist's name] ("Artist"): 1. For a period of ___________ (___) [◊ four (4)] years commencing on the date of this agreement, Buyer shall have the exclusive right, in any part of the world, to offer for sale and to authorize others to offer for sale, all items of art works created and owned by Artist. Artist shall initially deliver each such item of his work to Buyer at such location as may be designated by Buyer. 2. During the period of ___________ (___) [◊ ten (10)] years, Buyer shall have the exclusive right to arrange, and to authorize others to arrange, for the publication and/or sale, in any part of the world, of books and catalogues containing illustrated reproductions of the artwork of Artist. 3. During the period of ___________ (___) [◊ two (2)] years, Buyer shall arrange for exhibitions of Artist's works in the Cities of __________________, __________________ and such other places as the parties shall jointly determine. Buyer shall be responsible for all of the expenses of such exhibitions, including advertising and catalogue costs and insurance, Buyer covenants that the artwork will be insured against all risks and casualties for its full value. Any and all insurance proceeds on account of any such risk or casualty will be paid to Artist. Buyer shall provide Artist with all relevant information about his/her insurance coverage for the artwork if Artist requests this information and shall bear the entire cost of storing all items of Artist's work delivered to Buyer pursuant to this agreement. [Instruction: Delete or modify this clause if artist does not wish to have exhibitions in certain cities for a period of time.] 4. The parties acknowledge that Artist has furnished to Buyer photographs of each item of Artist's works owned by Artist on the date of this agreement. The price at which Buyer shall offer each such item for sale shall not be less than the price set forth on the back of such photograph. The parties shall jointly determine the minimum sales price to be charged as to those art works to be created by Artist during the term of this agreement. Minimum prices may be changed from time to time in such manner as shall jointly be determined by the parties. [Instruction: Please provide price of each item at the back of such item.] 5. Upon the sale of any of the art works covered by this agreement, Buyer shall be reimbursed, from the actual net proceeds of sale, for any initial shipping cost advanced with respect to such item. In addition and as compensation for Buyer's services in effecting the sale of a particular work, Buyer shall be entitled to retain ____ (__ %) percent [◊ twenty (20%)] of the balance of the net proceeds of the particular sale, as and for Buyer's commission for having effected such sale, with the remaining ______ (___ %) percent [◊ eighty (80%)] percent of such balance, less any amounts otherwise due to Buyer under this agreement, to be paid to Artist on a quarterly basis. 6. This agreement shall be governed by and construed in accordance with the laws of the State of New Mexico and shall be binding upon and inure to the benefit of the respective executors, administrators, successors and assigns of the parties. Dated: _____ [Month] _____ [Date], 20_____ Buyer: ________________________________ [Buyer's Signature] ________________________________ [Buyer's Printed Name] Artist: ________________________________ [Artist's Signature] ________________________________ [Artist's Printed Name]
"New Mexico Agreement to Sell Works of Art"