Hi- Sorry to bring this subject up again but… I will be selling a
few pieces of my work in a very small co-op gallery. In the
consignment agreement they state the following:
“Gallery provides no insurance on consigned work. The Gallery will
exercise all reasonable care in handling and display of the Artist’s
work. The Gallery accepts no liability for consigned work, or for
any damages which may incur. Gallery reserves right to edit all
works.”
This makes me awfully uncomfortable since this is my first time ever
working with a gallery. Right now I’m trying to come up with my own
consignment agreement using info from all the archives I have read so
far on Orchid. Should I opt not to work with this gallery?? Almost
everything I have read describes putting some sort of clause about
liability,theft,etc.
Thanks for all your advice and help-I am so grateful to Orchid!!!
Gallery provides no insurance on consigned work. The Gallery
will exercise all reasonable care in handling and display of the
Artist's work. The Gallery accepts no liability for consigned
work, or for any damages which may incur. Gallery reserves right
to edit all works."
Hi Kara, A word of advice… don’t let your work out of your sight!
While I feel for the small co-op trying to get off the ground, I
believe it is a reasonable expectation that they would provide
insurance while the merchandise is in their “care.” If enough artists
hold their ground on this, they may have to re-evaluate their
insurance coverage.
Better to be out the potential revenue than both the revenue and
the work! Sounds like a license to steal for potential unscrupulous
co-op participants. Not that it would ever happen… but it has.
Kara, Under NO circumstances should you send ANY work to a gallery
that accepts no responsibility for it! You may as well just give it
to somebody on the street. There are many sample consignment
contracts in the Orchid archives. use one of them. If the gallery
refuses, take your work and walk. My shop takes in some consignment
work and I would be happy to send you a copy of our contract if you
wish. Just send me an email and I’ll send it back. That co-op sounds
a little fishy to me. later, Mark
Mark Thomas Ruby
SunSpirit Designs
Loveland, CO
970 622-9500 studio
970 622-9510 fax
Kara, just on principle I would not consign any work to a gallery
who states explicitly that they will not insure your work while it
is on consignment. Personally, I would question the intention and
the integrity of someone who wants you to entrust your valuable
creations to their care but doesn’t wish to be held responsible for
them. What would happen if something was stolen, damaged, misplaced,
or their store burned down? Reputable venues will provide insurance
for consigned work, it is an essential part of their business
expense. The amount of insurance coverage should be clearly stated
in your consignment agreement, and signed by both parties.
As both a Jewelry artist and a gallery owner, I too, would be very
suspicious and would not consign with anyone who would not insure my
work while on their possession (sp?)
I am on both sides of this issue, owning a gallery and sending out
work to galleries. I would not do business with any gallery that
would not take the responsibility to cover your work while it is in
their care, which includes the time it is sent back to you, unless
you know the gallery owners, very, very well. What if they say,
“Ooops, we lost (some one stole) a piece.” Are you going to cover
the cost or are they? Are they going to report it to the police?
Are you sure it was lost/stolen? This feels like a situation ripe
for taking advantage of someone. There are too many galleries out
there that I am sure would love to have your work and are willing to
treat you in a respectable, responsible manner. Be careful!!!
I have an agreement with my banker. He doesn’t make any jewelry and
I don’t make any loans or consignment. I also have the same agreement
with my insurance agent. He doesn’t make jewelry and I don’t write
policies.
I have tried consignment in the past in many situations, and in the
end I have chosen to just say NO to consignment. I know that many
would argue this with me, but my material and machinery suppliers
won’t work out consignment agreements with me so that I pay them for
the materials I use when I sell jewelry or pay for my equipment as I
go. I have to get bank loans to do business. Why should I give free
loans to retailers? The accounting headaches alone far exceed any
additional percentage over wholesale that would make it seem
feasible. Many consignment shops even want work at wholesale prices.
I was at a wholesale show once and a buyer started in on me about
consignment. His assistant said to him, “They are really in business
and I don’t think they are interested in consignment”.
I have tried consignment in the past in many situations, and in
the end I have chosen to just say NO to consignment. I know that
many would argue this with me...
Hi Ken (and Kara, and all), In general and for myself, I wouldn’t
disagree with you. However, I think there are a lot of people who are
in a different frame of reference than ourselves. For some people,
consignment may be a way to break into the market, so to speak. I
haven’t consigned anything for several years, but when I was starting
to shift from a hobbyist mentality to a business mentality, it was an
effective (but not lucrative) way for me to build some marketing
savvy and some confidence.
It may be a stepping stone to evolving into a successful commercial
enterprise, but I wouldn’t recommend it as a primary business
strategy. But for someone with a full time job and a jewelry habit,
it can be a way to generate a bit of revenue to buy more equipment,
supplies, etc., and justify the continued practice of the art.
As a side note, finding the right place to do consignment is
important to success, and not necessarily obvious, or easy to do.
Getting your work into a gallery is a big rush, but does not
necessarily mean the stuff will start flying off the shelves…
regardless of how good it is.