Art gallery contract

ARTIST CONSIGNMENT AGREEMENT

ARTIST: (Name, Address, and Telephone number):





and

THE Gallery: (Name, Address, and Telephone number):

Gallery name  

Gallery address.

Scottsdale, AZ 85260

480-555-5555


Hereby enter into the following Agreement:

 

1. Agency; Purposes. The Artist appoints The Gallery as agent for the works of art ("the Artworks") consigned under this Agreement, for the purposes of exhibition and sale. The Gallery shall not permit the Artworks to be used for any other purposes without the written consent of the Artist. This agreement applies only to works consigned under this Agreement and does not make The Gallery a general agent for any other works.

2. Consignment. The Artist hereby consigns to The Gallery, and The Gallery accepts on consignment, those Artworks listed on the attached Inventory Sheet which is a part of this Agreement. Additional Inventory Sheets may be incorporated into this Agreement at such time as both parties agree to the consignment of other works of art. All Inventory Sheets shall be signed by Artist and Gallery.

3. Authority of Accepted Artist's Works. Works of art may be accepted for consignment only by <                                > or by any person designated by either of them in writing as authorized to accept works of art hereunder. The Gallery may reject artworks at the Owners discretion.

4. Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.

5. Duration of Consignment. The Artist and The Gallery agree that the initial term of consignment for the Artworks will be from mm/dd/yy to mm/dd/yy, and that the Artist does not intend to request their return before the end of this term. Thereafter, consignment shall continue until the Artist requests the return of any or all of the Artworks or The Gallery requests that the Artist take back any or all of the Artworks with which request the other party shall comply within 10 days.

6. Responsibility for Loss or Damage, Insurance Coverage. The Gallery shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. The Gallery shall be strictly liable to the Artist for their loss or damage (except for damage resulting from flaws inherent in 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 relevant information about its insurance coverage for the Artworks if the Artist requests this information.

7. Pricing; Gallery's Commission; Terms of Payment. The Gallery shall sell the Artworks only at the Retail Price specified on the Inventory Sheet. The Gallery and the Artist agree that The Gallery's commission is to be ___ percent 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 by week ___ of the following month after the sale. The Gallery assumes full risk for the failure to pay on the part of any purchaser to whom it has sold an Artwork.

8. Promotion. The Gallery shall use its best efforts to promote the sale of the Artworks. The Gallery agrees to provide adequate display of the Artworks, and to undertake other promotional activities 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. The Gallery and the Artist shall agree in advance on the division of artistic control and of financial responsibility for expenses incurred in The Gallery's exhibitions and other promotional activities undertaken on the Artist's behalf. The Gallery can use a reproduction of any of the Artworks for promotion purposes while the artist is associated with the gallery.

9. 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 giving a ten (10) day written or oral 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 unsold Artworks shall be returned by The Gallery.

10. 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. 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.

11. Choice of Law. This Agreement shall be governed by the law of the State of Arizona.

_____________________________________________________(Artist)
Name                                             Date

_____________________________________________________(Gallery)
Name                                            Date

 

 

       

Inventory Consignment sheet for Gallery       _________________________
                                                                                  Gallery Name

                                                                                                                                                                                                Artist         
                                                                                                                                                             Retail       Sold      Picked Up                                                                                                                                                                                                     
             Artwork Title                    Art Description                          Dimension / Medium              Price        Date      (Initials)

  1.   ____________________    ____________________________    _______________________       _______     _______   ______
  2.   ____________________    ____________________________    _______________________       _______     _______   ______
  3.   ____________________    ____________________________    _______________________       _______     _______   ______
  4.   ____________________    ____________________________    _______________________       _______     _______   ______
  5.   ____________________    ____________________________    _______________________       _______     _______   ______
  6.   ____________________    ____________________________    _______________________       _______     _______   ______
  7.   ____________________    ____________________________    _______________________       _______     _______   ______
  8.   ____________________    ____________________________    _______________________       _______     _______   ______
  9.   ____________________    ____________________________    _______________________       _______     _______   ______
  10. ____________________    ____________________________    _______________________       _______     _______   ______
  11. ____________________    ____________________________    _______________________       _______     _______   ______
  12. ____________________    ____________________________    _______________________       _______     _______   ______

 

Gallery Commission:   ______% to gallery

 

_______________________________________        _________
                    Gallery Signature                                              Date

                                                                                                                                               
_______________________________________       _________
                   Artist Signature                                          Date








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