Art Consignment Agreement
Even in the best relationships based on trust and a good working relationship, there is no substitute for a contract. In order to minimize and hopefully avoid possible conflicts, the rights and obligations of the artist and the gallery must be clearly stated in a contract. Don`t rely on assumptions and memories of verbal conversations. A good contract, such as the consignment contract developed by the Professional Guidelines Committee, is fair to both parties. It is in the interest of both parties to discuss all the issues presented here. The contract describes the responsibilities and rights of the gallery and the artist. Artwork Archive`s reporting features help artists save hundreds of hours of easy-to-generate delivery reports that can be created with just a few clicks. 5. Funding and exposure. The gallery must commit to a standard to promote the sale of the work and to host one or more exhibitions for the artist during the shipping period. The gallery must uniquely identify each of the works of art with the name of the artist. If you`re in business with a gallery, make sure you have a conversation about expectations and record it in your consignment contract. When you`re first shipping with a gallery, clarifying expectations shows that you`re a professional.
Galleries are more likely to reach you in the future. 2. Shipping inventory. The Gallery accepts works of art on the inventory list attached to this Agreement. Additional lists may be included in this Agreement if signed by both Parties. When you start with shipping reports, you need to learn the basics first. A shipping report must include a shipping identification number so that you and the Gallery can track a specific delivery, your contact information, merchant or gallery contact information, and the delivery date. A consignment agreement has advantages and disadvantages.
For example, an advantage is that the exhibition can allow a gallery to show risky or difficult work because its money is not tied up to buy inventory. One drawback, however, is that although the artist`s work is the property of the gallery, the artist is not paid until the work is sold. This trade agreement is complicated enough that misunderstandings and difficulties can arise if the parties have not been clear about the terms of the agreement from the beginning. Being clear, deliberate is the best way to establish professional relationships with galleries. Once you and the gallerist or retailer have reviewed your works and the details of the shipping sheet, write down your signature as well as the name and signature of the person receiving the work. By facilitating the work of the gallerist or merchant, you stand out as someone with whom it is easy to work and who takes his work as an artist seriously. You`ll be the first person they think of for the next show, and you`ll be eager to call each other to piece together the inventory. 10. Security and status of shipments. Under the laws of some states, if a gallery fails to meet its obligations to creditors, creditors can confiscate the delivered art as if the gallery were the owner. Some states, including New York, offer a so-called safe haven for cluttered works of art and explicitly prohibit seizures by creditors.
Some States prohibit a gallery from granting a security right in works of art that the artist has given to the gallery. Other states, including Connecticut and Florida, require the artist to affix a sign to the delivered work indicating that the work is subject to a consignment agreement and that the contract must set certain conditions. Failure by the artist to comply with these requirements may allow the gallery creditor to seize the work under a security right that prevails over the artist`s or shipper`s share of ownership. Who is responsible for damage to the work ordered? Insurance deductible deducted by whom? Is it ethical for a gallery to store items on consignment? Here are some details to make sure your shipping report covers if it`s not explicitly covered by an initial shipping agreement or if there are any changes for that shipping period. The percentage of shipping between a gallery and an artist is always negotiable, although the arrangement is most often 50% artist/ 50% gallery or 40% artist / 60% gallery. The Professional Guidelines Committee advises against agreements where the artist pays more than 50% commission to the gallery on the sale price. Exclusivity: In some cases, you may wish to provide information about representation limits or expectations. For example, some galleries will want to establish exclusivity in the representation of an artist or have provisions for artists with multiple gallery representations. It`s always up to you, as an artist, to decide what`s good for your career. You can also work with the gallery to set the time frame within which the exclusivity will take place. However, the exclusivity of galleries in the digital age is changing, as artists have more opportunities than ever to sell their works. Templates for a consignment contract can be found here.
The gallery owner may try to build a personal relationship with the artist based on an appreciation of the artist`s work and abilities. Some gallery owners fear that the proposal and then the negotiation of a formal legal document, such as a consignment contract. B, may interfere with this budding relationship. 2. Price. The inventory sheet must indicate the agreed retail price for each of the works of art and a description of each work, including dimensions, medium and title. The consignment contract should indicate whether the gallery has the right to sell the artwork at a discount on the sale price indicated and, if so, the maximum amount of that discount. .