Artist/Gallery Consignment Agreement
and
Request to Participate in the Prairie Works On-Line Gallery
All of the following information is REQUIRED for participation in the on-line gallery.
Artist (Consignor):_______________________________________________________
Address: _________________________________________________________
e-mail:__________________________________________________
telephone: ________________________________________________________
Personal website or web link (optional): _____________________________________
and Prairie Works Inc. On-Line Gallery of ComMark, Inc (1-888-411-3221)
(director@prairieworks.org)
hereby enter into the following Agreement:
1. Agency; Purposes. The Artist appoints the Gallery (Prairie Works Inc. On-Line) as agent for
the works of art ("the Artworks") consigned under this Agreement, for the purposes of on-line
exhibition and sale. The Gallery shall not use the Artworks for any other purposes without the
written consent of the Artist.
2. Consignment. The Artist hereby consigns to the Gallery, and the Gallery accepts upon
approval of consignment, those Artworks submitted for electronic format inclusion in the On-Line
Gallery by the Artist.
3. Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title
to the Artworks, and that their descriptions are true and accurate.
4. Duration of Consignment. The Artist and the Gallery agree that consignment shall continue
until the Artist requests the removal of any or all of the Artworks or the Gallery determines that the
Artworks should, for any reason, be withdrawn. And, upon said request, the gallery shall comply
promptly by removing any and all reference to the specified artwork from the Prairie Works Inc on-
line gallery, and the artist shall remove any and all reference to the listing of the specified artwork
with Prairie Works Inc on-line gallery whether that reference is electronic or print.
It is the artist’s responsibility to notify Prairie Works on-line gallery director within two
business days of any direct sales that the artist may make of any work that is listed at the
on-line gallery that affects the availability of the item.
5. Physical delivery of any and all SOLD Artwork Responsibilities. Packing and shipping
charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the
delivery of Artworks from the Consignor Artist to the Purchaser shall be the sole responsibility
of the Consignor Artist.
a. Within two business days of on-line purchase, the gallery director will: process Purchaser
credit card; send electronic notice of sale to the Artist; notify Purchaser of processed sale
b. Within two business days of a processed sale, the Artist will: ship the Artwork to
Purchaser; give electronic notice to Purchaser that the Artwork has been shipped; give
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electronic notice to the On-Line Gallery Director that the Artwork has been shipped; or
contact Purchaser to make alternate shipping arrangements (electronic copy to Gallery
Director).
6. Fiduciary Responsibilities. Each of the Artworks remains with the Artist until the Artist has
been notified of a successful sale by the Gallery; title then passes directly to the Purchaser with
shipment. All proceeds from the sale of the Artworks shall be held in trust for the Artist and not
made available to creditors of the Gallery.
7. Notice of Consignment. The Gallery shall give notice, by means of a clear and conspicuous
website posting, that the Artworks are being sold subject to a contract of consignment.
8. Pricing; Gallery's Commission; Terms of Payment. The Gallery shall sell the Artworks only
at the Retail Price specified in the Artist’s “item inventory”. The Gallery and the Artist agree that
the Gallery's commission is to be:
a) Items $1.75 – $25.00: 20% of the closing value ($5.00 max)
b) Items $25.01 – $250.00: 20% of the initial $25.00 ($5 max), plus 15.00% of the
remaining closing value balance ($25.01 to $250.00) (33.75 max)
c) Items equal to or over $250.01: 20% of the initial $25.00 ($5 max), plus 15.00% of the
initial $25.01 - $250.00 ($33.75 max), plus 10% of the remaining closing value balance
($250.01 to closing value) (Example: fees on an item selling for $1000 would be
$113.75 or 11%)
Any change in the Retail Price, or in the Gallery's commission, must be agreed to in advance by
the Artist and the Gallery. Payment to the Artist shall be made by the Gallery within thirty (30)
days after the date of sale of any of the Artworks if the payment is equal to or greater than $5.
Payment less than $5 will be made quarterly. NO consigned Artwork shall pass from the Artist to
the Purchaser until payment to the Gallery has been satisfied. Although the Gallery will collect
sales tax with purchaser payment, the Artist is responsible for depositing any sales tax as
required by state law.
9. Promotion. The Gallery shall use its best efforts to promote the sale of the Artworks. The
Gallery agrees to provide adequate website display of the Artworks, and to undertake other
promotional activities on the Artist's behalf, which may include, but not limited to: regularly
updating meta tags; Gallery listings in print media as deemed appropriate and viable by the
director; Gallery e-mail notices to registered website visitors; Gallery web-links; search engine
posting.
No artist shall be held liable for expenses incurred in the Gallery's exhibitions and other
promotional activities undertaken on the Artist's behalf. The Gallery shall identify clearly all
Artworks with the Artist's name, and the Artist's name shall be included on the bill of sale of each
of the Artworks.
10. Reproduction. With the exception of the electronic web-posting, for the purpose of listing the
Artwork for sale at the Gallery, the Artist reserves all rights to the reproduction of the Artworks.
The Gallery may arrange with the Artist to have the Artworks reproduced, either in print or
electronic form, in order to publicize and promote the Artworks. In every instance of such use, the
Artist shall be acknowledged as the creator and copyright owner of the Artwork. The Gallery shall
include on each bill of sale of any Artwork the following legend: "All rights to reproduction of the
work(s) of art identified herein are retained by the Artist."
11. Termination of Agreement. Notwithstanding any other provision of this Agreement, this
Agreement may be terminated at any time by either the Gallery or the Artist, by means of written
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or e-mail notification of termination from either party to the other. In the event of the Artist's death,
the estate of the Artist shall have the right to terminate the Agreement. Within thirty days of the
notification of termination, all accounts shall be settled and all Artworks shall be removed from the
Gallery.
12. Procedures for Modification. Participating artists will be notified of any amendments,
deletions or additional provisions to this Agreement at least 30 days prior to said amendment,
deletion or addition taking effect. Within 30 days of receiving any change notification, the Artist
may accept the change or “opt-out” of participation in the on-line gallery. All accounts shall be
settled and all Artworks shall be removed from the Gallery.
13. Miscellany. This Agreement represents the entire agreement between the Artist and the
Gallery. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason,
such holding shall not affect the validity and enforceability of any other part. A waiver of any
breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of
other breaches of the same provision or other provisions hereof. This Agreement shall not be
assigned, nor shall it inure to the benefit of the successors of the Gallery, whether by operation of
law or otherwise, without the prior written consent of the Artist.
14. Choice of Law. This Agreement shall be governed by the law of the State of North Dakota.
15. Fee: $25 one-time membership fee payable with application.
PLEASE attach e-mail a clear, digital photo of yourself (400 x 300 pixel minimum) or mail a high
quality wallet sized photo to be included in the website.
Artist Biography/Statement: (10 pt. single spaced)
REQUEST TO PARTICIPATE
Mail a copy of page 1 and 3 along with your membership payment of $25 to:
Prairie Works On-Line Gallery
PO Box 364
Portland, ND 58274
Make check payable to ComMark, Inc
OR
You may complete this REQUEST TO PARTICIPATE on-line at www.prairieworksmall.com
Email questions to: director@prairieworks.org
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