The following was excerpted and adapted from “Business and Legal
Forms for Crafts” by Tad Crawford.
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
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
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
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
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, 1997.
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
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 judgement 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
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.
Authorized Signatory, Title
Steven Brixner - Jewelry Designer - San Diego CA USA