This document sets forth the terms of an agreement between an artist and a gallery and sets the terms of consignment of the artist’s artwork to the gallery for display. As drafted it contains standard clauses, such as for the exclusive territorial representation for the gallery, consignment, transportation responsibilities, framing, promotion, and an attorney’s fees provision. This document can be customized in order to fit the needs of the drafting parties.
This document sets forth the terms of an agreement between an artist and a gallery and sets the terms of consignment of the artist’s artwork to the gallery for display. As drafted it contains standard clauses, such as for the exclusive territorial representation for the gallery, consignment, transportation responsibilities, framing, promotion, and an attorney’s fees provision. This document can be customized in order to fit the needs of the drafting parties. ARTIST-GALLERY CONSIGNMENT AGREEMENT This Artist-Gallery Consignment Agreement (“Agreement”) made as of ___________(the “Commencement Date”) by and between ____________________, located at _______________ (the “Gallery”) and ________________________ located at __________________ (the “Artist”) hereinafter referred to collectively as the “Parties”. Both Parties hereby agree as follows: 1. Engagement. The Artist hereby appoints the Gallery as agent for the purposes of exhibition and sale of the works of art ("the Artworks") consigned under this Agreement. The Gallery warrants that the Artworks shall not be permitted to be used for any purposes other than what has been stated in this Agreement, without the written consent of the Artist. This Agreement shall apply only to works consigned under this Agreement and not for any other works. The Gallery shall give notice, by means of a clear and prominent sign in full public view that certain works of art are being sold subject to a contract of consignment. 2. Exclusive Representation. The Artist hereby appoints the Gallery as their sole representation throughout the "Territory" to sell or otherwise make available for purchase to the public, the Artist's Artworks. Territory shall be defined as [Instruction: Describe what region or areas the Gallery has exclusive rights to represent Artist] 3. Consignment. The Artist hereby consigns to the Gallery, and the Gallery accepts on consignment, those Artworks listed on the attached Artworks Sheet attached hereto in Exhibit A, which may be added or reduced from time to time. All Artworks Sheets shall be signed by Artist and Gallery. This consignment in no way restricts or prohibits Gallery from accepting other works of art from different artisits. 4. Authority of Accepted Artist’s Works. Works of art may be accepted for consignment only by _[Insert Name of Individual who will be authorized to accept the Artworks] or by any person designated by either of them in writing as authorized to accept the Artworks. The Gallery may reject Artworks at its discretion. 5. Warranty. The Artist hereby warrants that he/she is the original creator of the Artworks and possesses unencumbered title to the Artworks, and that their descriptions are true and accurate. 6. Term. The Artist and The Gallery agree that the initial term of consignment for the Artworks is to be ___ months/years from the Commencement Date. After the initial term, consignment shall continue until the Artist requests that the Agreement be terminated on thirty (30) days written notice by either party. 7. Transportation Responsibilities. Artist hereby accepts the responsibility of all packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Artist to the Gallery. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the return of Artworks from The Gallery to the Artist, shall be the responsibility of The Gallery. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 8. Responsibility for Loss or Damage, Insurance Coverage. Gallery shall take reasonable steps to protect the Artworks from loss or damage, but shall be liable for such loss or damage only if caused by the Gallery’s negligence. Parties agree that the Gallery shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. Gallery shall be liable for any loss or damage sustained by the Artworks to the full amount the Artist would have received from the Gallery if the Artworks had been sold. The Gallery shall provide the Artist with all information related to its insurance coverage for the Artworks from time to time as may be requested by the Artist. 9. Fiduciary Duties. It is hereby agreed that Artist will retain the title to each of the Artworks until the Artist has been paid the full amount owing him/her for the Artworks; title then passes directly to the purchaser. All sale proceeds from the Artworks shall be held in trust for the Artist. The Gallery must pay all amounts due the Artist before any proceeds of sales can be made available to creditors of the Gallery. 10. Removal from Gallery. The Gallery warrants that the Gallery shall not lend out, remove from the premises, or sell on approval any of the Artworks, without the prior written permission from the Artist. 11. Payments. Parties agree that the Gallery shall sell the Artworks only at the Retail Price specified on the Artworks Sheet. The Gallery shall be entitled to commission of ____% of the Retail Price of the Artwork. 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 on the ___ of every month, and will include all commissions due for any/all Artworks sold. The Gallery assumes full risk for the failure to pay on the part of any purchaser to whom it has sold an Artwork. 12. Framing. Both Parties agree that if the Gallery is responsible for framing the Artworks, , the Gallery's expense will be included into the retail price and full compensation for framing will be given to the Gallery upon the sale of Artwork. 13. Promotion. The Gallery hereby promised to use its best efforts to promote the sale of the Artworks. The Gallery further agrees that it will provide satisfactory display of the Artworks, undertake other promotional activities on the Artist's behalf as may be reasonably necessary for the promotion of the Artworks. The Gallery shall categorize and 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. 14. Reproduction. It is agreed by the Parties that the Artist reserves all rights to the reproduction of the Artworks except as otherwise agreed in this Agreement. The Gallery agrees not to permit any of the Artworks to be copied, photographed or reproduced without the written permission of the Artist. 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: ______________." 15. Records. The Gallery shall provide Artist all records and statements of accounts for all sales of the Artworks shall be furnished by on ____of each month, with the payment of all commissions due. The Artist shall also have the right inspect any books and records pertaining to sales of the Artworks upon reasonable written notice to the Gallery. Any inspection shall take place at the Gallery location as stated in this Agreement. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 16. Termination of Agreement by Artist’s Estate. In the event of the Artist's death, the estate of the Artist shall have the right to terminate the Agreement. Within ___ days of the notification of termination, all accounts shall be settled and all unsold Artworks shall be returned by the Gallery. 17. General. This Agreement represents the entire agreement between the Artist and the Gallery. Amendments to this Agreement must be signed by both Artist and Gallery and attached to this Agreement. 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. In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees in addition to any available remedy. 18. Applicable Law. This Agreement shall be governed by the law of the State of ____. Consented and agreed to: Artist ___________________________ Date______________________________ Consented and agreed to: The Gallery ____________________________ Date______________________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 Artworks List Gallery Title Medium Dimensions Retail Price Commission 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Artists Signiture______________________________________________Date____________________ _______________________ Gallery Owner________________________________________________Date____________________ _______________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
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