Marlo:
It seems to me that you are implying that consignment goods are
in some way superior to work that is sold outright. Consignment
does in no way infer a better quality of merchandise. Consignment
is the practice of fronting merchandise for sale and not
expecting payment until that merchandise is sold. I can
understand why some galleries operate on consignment if they sell
expensive cutting edge work. My problem with consignment is that
many stores and galleries want consignment terms for production
work and gift items and at 50/50 terms.
How would it be “professional” to consign to some retailers and
then expect payment from others. To me “professional” is
conducting business consistently, fairly and equitably with all
of my customers in a way that allows us both to prosper. I cannot
afford to offer consignment to all of my customers, so how would
it be fair for me to play favorite with a few?
I guess the consignment issue really gets me worked up because I
see it abused. It furthers the notion that artists and their work
have no real value.
Ken Gastineau
Consignment does in no way infer a better quality of
merchandise. Consignment is the practice of fronting
merchandise for sale and not expecting payment until that
merchandise is sold.
Two more cents…I’ve only done consignment once or twice, and
when I was just starting out. Now I never ever do it, because, if
I did it with one, all of the other stores that I sell to, would
hunt me down, and parade around with my head on a pike. Another
really good reason not to do consignment, is that I am not what
anyone in their right mind would construe as organized, and I
would probably lose the consignment sheet, and forget what the
store had of mine…or that I gave them anything in the first
place…but then I sell to a lot of places. Stores that don’t
know me, still ask sometimes, and I turn them down politely, but
firmly. Some places think that my work is high end, and cutting
edge, some places think that its a load of ,(expletive deleted).
If they really want it, they buy it no matter what it costs.
Consignment has zero to do with quality, or artistic merit. It
has to do solely with the cash-flow of the store, and the
willingness of the artist to participate.
Lisa, (So when are the rest of you going to post those pictures
on the ftp, so Terry and I don’t look like such geeks up there
all alone?), (Sorry Terry, maybe I’m the only one that looks like
a geek…You look like the Marlboro man…LOL), Topanga, CA USA
What do you think of forming a cooperative
on-line-for-a-fee-auction to sell quality goods to galleries,
stores, shops and the public that is restricted to jewelry and
jewelry related items? i.e. stones, findings, rough,
tools.etc.?
Currently, I am a part of a group called the Flexible Business
Network, we are a group of Mendocino Artisans, in Mendocino
County, CA. We are currently working on a web site together. I
am meeting with the Web Master today…he also is the main
facilitator of our group. The Mendocino Artisans are a group of
artists that have formed to help each other sell their artwork.
We do collective purchasing of materials, and marketing of our
products. We are all pitching in on the web site shopping cart
program, so that keeps our costs reasonable. When our site is
up I will have it posted on my email. We hope to be up and
running in April. We also have a booth at the wholesale show in
San Francisco. Not all of us participate in it, but for some of
the group it works well. We have ceramic, jewelry and card
artists in our group at present. The group is growing and we
feel that numbers will help. Any questions you have on our
network please feel free to email me off orchid. Linda Crawford
Linda Crawford Designs http://www.jps.net/lcrawford
@Linda_Crawford
“People are always blaming their circumstances for what they
are. I don’t believe in circumstances. The people who get on
in this world are people who get up and look for the
circumstances they want, and, if they can’t find them, make
them.” -‘George Bernard Shaw – Mrs. Warrens’ Profession (1893)
–Act II’
I sent this message to the list last week but never saw it
posted. If it is an oversight on my part, please ignore the
repost. Thanks. Steve Brixner
The following was excerpted and adapted from “Business and Legal
Forms for Crafts” by Tad Crawford.
CONSIGNMENT AGREEMENT
Agreement made as of this “???DATE”, between “???ARTIST NAME”
(hereinafter referred
to as the “Artist”), located at “???ARTIST ADDRESS” and “???GALLERY
NAME”
(hereinafter referred to as the “Gallery”), located at “???GALLERY
ADDRESS”.
WHEREAS, the Artist is a professional artist of good standing; and
WHEREAS, the Artist wishes to have certain artworks represented by the
Gallery, and
WHEREAS, the Gallery wishes to represent the Artist under the terms and
conditions
of this Agreement,
NOW, THEREFORE, in consideration of the foregoing premises and
the mutual covenants hereinafter set forth and other valuable
consideration, the parties hereto agree as follows:
-
Scope of Agency. The Artist appoints the Gallery to act as
Artist’s nonexclusive agent in the following geographic area:
"???GEOGRAPHIC AREA", for the exhibition and sales of artworks in
the following media: “???MEDIA”. The Gallery shall document
receipt of all works consigned hereunder by signing and returning
to the Artist a Record of Consignment in the form annexed to this
contract as Appendix A.
-
Term and Termination. This Agreement shall have a term of
five (5) years and may be terminated by either party giving sixty
(60) days written notice to the other party. The Agreement shall
automatically terminate with the death of the Artist, a change in
Gallery ownership or location outside the area of “???GEOGRAPHIC
AREA”, or if the Gallery becomes bankrupt or insolvent. On
termination, all works consigned hereunder shall immediately be
returned to the Artist at the expense of the Gallery.
-
Commissions. The Gallery shall receive a commission of
fifty (50) percent of the retail price of each consigned work
sold. In the case of discount sales, the discount shall be
deducted from the Gallery’s commission. The Gallery shall
receive a commission of forty (40) percent of the retail price of
each commissioned work sold.
-
Prices. The Gallery shall sell the works at the retail
prices shown on the Record of Consignment, subject to the
Gallery’s right to make customary trade discounts to such partners
as museums and designers.
-
Payments. The Gallery shall pay the Artist all proceeds
due to the artist within thirty (30) days of sale for all work on
consignment. No sales on approval or credit shall be made without
the written consent of the Artist and, in such cases, the first
proceeds received by the Gallery shall be paid to the Artist
until the Artist has been paid all proceeds due. Payment for
commissioned work or special order work is due and payable upon
delivery to the Gallery.
-
Accounting. The Gallery shall furnish the Artist with an
accounting every month in the form attached hereto as Appendix B,
the first such accounting to be given on the first day of July,
-
Each accounting shall state for each work sold during the
accounting period the following the Artist’s
inventory number of the work, the date of sale, the sale price,
the amounts due the Gallery and the Artist, the location of all
works consigned to the Gallery that have not been sold and if the
retail sale price is over five hundred dollars ($500), . the name
and address of the purchaser. An accounting shall be provided in
the event of termination of this Agreement.
-
Inspection of Books. The Gallery shall maintain accurate
books and documentation with respect to all transactions entered
into for the Artist. On the Artist’s written request, the Gallery
will permit the Artist or the Artist’s authorized representative
to examine these books and documentation during normal business
hours of the Gallery.
-
Loss or Damage. The Gallery shall be responsible for the
safekeeping of all consigned artworks. The Gallery shall be
strictly liable for loss or damage to any consigned artwork from
the date of delivery to the Gallery until the work is delivered to
the Artist or a purchaser. In the event of loss, the Artist
shall receive the same amount as if the work had been sold at the
retail price listed in the Record of Consignment. In the event of
damage that in the opinion of the Artist, cannot be repaired, the
Artist shall receive the same amount as if the work had been sold
at the retail price listed in the Record of Consignment. In the
event of damage that in the opinion of the Artist, can be
repaired, the Artist shall receive payment for his time and
materials used to make the repair.
-
Alterations. No alterations of any kind may be made to
consigned artwork by any person other than the Artist without the
written consent of the Artist. In the case of alteration without
written consent of the Artist, the Artist shall receive the same
amount as if the work had been sold at the retail price listed on
the Record of Consignment.
-
Returns. Returns of sold work to the Gallery more than
thirty (30) days after the original sale date, without the written
consent of the Artist, become property of the Gallery and the
Artist shall receive payment therefor if not already paid.
Returns of Commissioned work are possible solely at the
discretion of the Artist and may require a service charge.
-
Insurance. The Gallery shall insure the work for fifty
(50) percent of the retail price shown in the Record of
Consignment.
-
Copyright. The Gallery shall take all steps necessary to
insure that the Artist’s copyright in the consigned works is
protected, including but not limited to requiring copyright
notices on all photographic or electronic reproductions of the
works used for any purpose whatsoever.
-
Security Interest. 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 rights 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 financing statement and such other documents which the
Artist may require to perfect his 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, nor to incur any charge or
obligation in connection therewith for which the Artist may be
liable.
-
Assignment. This Agreement shall not be assignable by
either party hereto, provided, however, that the Artist shall have
the right to assign money due him hereunder.
-
Arbitration. All disputes arising under this Agreement
shall be submitted to binding arbitration, before a mutually
acceptable arbiter in the County of San Diego, California and the
arbitration award may be entered for judgment in any court having
jurisdiction hereof. Notwithstanding the foregoing, either
party may refuse to arbitrate when the dispute is for a sum of
less than five hundred dollars ($500).
-
Modifications. All modifications of this Agreement must be
in writing and signed by both parties. This Agreement constitutes
the entire understanding between the parties hereto.
-
Governing Law. This Agreement shall be governed by the
laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement as of the date first set forth above.
Artist_________________Date________________
Gallery________________________________________________Date________________
Authorized Signatory, Title