Example credit: gyst-ink.com

Artist Gallery Contract/ Consignment/ Account

DISCLAIMER: This sample contract is written as a checklist and guide only. You should in no way use this contract in its current state as a binding agreement between you and any individual, corporation, gallery, or venue. When entering into an agreement with any institution for short- or long-term work, a lawyer or attorney skilled in legal practices pertaining to the arts should review any con-tracts before signing. You can use this contract as a starting point for drafting an agreement for a commission, but do not rely on this contract in its present form and do not sign it until you have had legal counsel look at it and suggest alterations or changes.

Date of the Agreement:


This agreement is between ____________________ (the Artist) and ____________________ (the Gallery)

AGREEMENT made as of ______ the day of ______, 20___, between ____________________ (hereinafter referred to as the “Artist”), located at ____________________ (city and state, country if necessary), and ____________________ (hereinafter referred to as the “Gallery”), located at ____________________ (city and state, country if necessary), with respect to artistic representation as stated in this agreement.

Scope of the Gallery

The Artist appoints Gallery to act as the artist’s ______ exclusive (or) ______ nonexclusive agent in the following geographic area for the exhibition and sales of artworks in the following media:

The Gallery shall document receipt of all works consigned hereunder by signing and returning to the Artist a Record of Con-signment in the form annexed to this contract as Appendix A.

Initialed by ____________ Artist and ____________ Gallery.

Terms and Termination

  • This agreement shall last for a term of ______ years.

 

  • This agreement may be terminated by either party giving 60 days written notice to the other party.

  • This agreement shall automatically terminate with the death of the Artist; the death or employment of the Gallery dealer else-where (name specifically) ____________________ ; the Gallery moves outside the geographic area noted above; or the Gallery becomes bankrupt or insolvent.

On termination, artworks consigned shall immediately be returned to the Artist (or estate) at the expense of the Gallery.

Initialed by ____________ Artist and ____________ Gallery.

Exhibitions

 1. Detailed list of schedule of exhibitions (number of solo exhibitions, etc.) and frequency of exhibitions both within and outside Gallery

 

2. Detailed list of number of exhibitions of Artist’s work in group shows both within and outside the specified Gallery:

3.Detailed list for scheduled exhibitions (if there is only one exhibition for nonexclusive representation, list it here. Include dates and hours of operation):

4..Detailed list of who pays which exhibition expenses, and other Gallery expenses such as transportation of the artwork includ-ing insurance and packing, advertising, catalogues, announcements, framing, special installation requirements, opening re-ception costs, shipments to buyers, and transportation of the work back to the Artist at the end of the exhibition (unless the work is to remain at the Gallery after the exhibition has finished). Attach a separate sheet if necessary.

5. Detailed list of responsibilities for photographing the work and the distribution of copies and originals:

 

6. Detailed list of who retains ownership of frames, photographs, negatives, and any other tangible property after the exhibition:

  • The Artist has artistic control over the exhibition and the artwork.

  • The Artist must approve quality of reproduction of the work for promotional and advertising purposes.

  • No shared expenses should be incurred by either party until there is prior written consent of the other party as to the amount of the expense.

 

Initialed by ____________ Artist and ____________ Gallery.

Commissions, Prices, and Payments

Commission percentage of the retail price of each work retained by The Gallery after the sale of each work:


Commission percentage of the retail price of each work retained by The Gallery after the sale and receipt of payment of each work:

If this agreement is for exclusive representation, the Artist agrees to give percentage of all sales of work by the Artist’s (from the Artist’s studio or outside the Gallery) to The Gallery.

  • Detailed information as to whether commissions for work count as studio sales requiring a percentage to the Gallery:

  • Gallery agrees to sell the Artist’s works at the retail prices shown on the Record of Consignment, subject to the Gallery’s right to make customary trade discounts to select purchasers such as museums and Purchaser(s).


  • Maximum percentage of discount the Gallery is allowed to use:


  • The Gallery shall pay the Artist all proceeds due to the Artist within 30 days of sale.

  • No sales on approval or credit should be made without the written consent of the Artist unless under the following conditions: The first proceeds received by the Gallery shall be paid to the Artist until the Artist has been paid all proceeds due.


Initialed by ____________ Artist and ____________ Gallery.

Accounting and Inspection of Books

The Gallery shall furnish the Artist with an accounting every ______ months in the following form agreed upon by the Artist and the Gallery:

    The first date that this accounting will be mailed or given to the Artist:

  • For each sale of the Artist’s work, the Gallery shall list the date of sale, the sale price, the name and address of the purchaser, the email of the purchaser (if available), the amounts due the Gallery and the Artist, and the location of all works consigned to the Gallery that have not been sold.

  • In the event that this agreement is terminated; the Gallery shall provide an accounting to the Artist.

  • The Gallery shall maintain accurate books and documentation with respect to all transactions entered into for the Artist.

  • Upon written request, the Gallery shall permit the Artist or the Artist’s authorized representative to examine the books and documentation during normal business hours.

Initialed by ____________ Artist and ____________ Gallery.

Insurance, Loss, or Damage

  • The Gallery shall insure the work for ______ percent of the retail price shown in the Record of Consignment. The Gallery shall be responsible for the safekeeping of all consigned works.

  • The Gallery shall be strictly liable for loss of or damage to any consigned artwork from the date of delivery to the Gallery until the work is returned to the Artist or delivered to a Purchaser.

  • In the event of damage that cannot be restored, the Artist shall receive the same amount as if the work had been sold at the retail price listed in the Record of Consignment.

  • If restoration is undertaken, the Artist shall have a veto power over the choice of restorer.

Initialed by __________ Artist and __________ Gallery.

Copyright and Security Interest

 

The Gallery shall take all steps necessary to insure that the Artist’s copyright of the consigned works is protected, including but not limited to requiring copyright notices on all reproductions of the works used for any purpose whatsoever.

  • Title to and a security interest in any works consigned or proceeds of sale under this Agreement are reserved to the Artist.

  • In the event of any default by the Gallery, the Artist shall have all the right of a secured party under the Uniform Commercial Code and the works shall not be subject to claims by the Gallery’s creditors.

  • The Gallery agrees to execute and deliver to the Artist, in the form requested by the Artist, a financial statement and such other documents that the Artist may require to protect its security interest in the works.

  • In the event of the purchase of any work by a party other than the Gallery, title shall pass directly from the Artist to the other party.

  • In the event of the purchase of any work by the Gallery, title shall pass only upon full payment to the Artist of all sums due hereunder.

  • The Gallery agrees not to pledge or encumber any works in its possession, not to incur any charge or obligation in connection herewith for which the Artist may be liable.

Initialed by ____________ Artist and ____________ Gallery.

Assignment

This agreement shall not be assignable by either party hereto, provided; however, the Artist shall have the right to assign money due her/him hereunder.

Initialed by ____________ Artist and ____________ Gallery.

Arbitration

All disputes arising under this agreement shall be submitted to binding arbitration before_________ in the location of _____________ and the arbitration award or judgment may be entered in any court having jurisdiction thereof. Notwith- stand-ing the foregoing, either party may refuse to arbitrate when the dispute is for a sum of less than $_______.

Initialed by ____________ Artist and ____________ Gallery.

Modification

All modifications of this agreement must be in writing and signed by both parties. This agreement constitutes the entire un-derstanding between the parties hereto.

Initialed by ____________ Artist and ____________ Gallery.

Governing Law

This Agreement shall be governed by the laws of the State of __________________.

Signatures:
Signed by ________________________ (Artist) On ____________ (date)

and ________________________ (Gallery) On ____________ (date)


Gallery Address:

Attach the following Appendix A & B:

Appendix A: Record of Consignment

This is to acknowledge receipt of the following works of art on consignment: Title Medium Description Retail Price

www.gyst-ink.com