Many galleries are used to using their own contract. If the gallery already has a contract it wants to use, it can be signed “as is” or it can be considered as a starting point for further discussion. The artist can use this agreement as a checklist or guide to negotiate changes and revisions. Your business relationship with the Gallery may include certain agreements that require additions or deletions that you must first make. In addition, changes that occur after the signing of the original contract must also be recorded in writing and signed by both parties (see section 18). 10. Shipping Notice. The gallery indicates by means of a clear sign visible in the open public that certain works of art are sold under a shipping contract. 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. 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.
4. Discounts. A gallery may decide to reduce the sale price under certain conditions, as stated in your contract. This practice is called offering a discount. Artists or galleries can also opt for a “no discount” policy. Offering a discount raises two immediate questions. First of all, who absorbs the discount? Second, if the responsibility for the reduction is to be shared between the gallery and the artist, how much should the artist bear? In the shipping agreement, the committee provides two options for processing discounts. It is suggested to discuss this issue with the gallery. For more information, please read the Professional Guidelines Discounts document. Accounting for unique works of art. For unique artworks with a retail price of $500 or more, the gallery will provide the name, mailing address and telephone number of the client/collector purchasing the work.
The artist undertakes not to contact the client to sell works of art directly to the client and the gallery will be informed or will receive a copy of any communication between the artist and the client relating to this work as long as the contract remains in force. 16. Duration and Termination of Shipment. This clause states that the contract is initially valid for a certain period of time and then continues until termination. Assuming the relationship has been good for years, it is always wise to re-evaluate and officially renew the contract with the gallery every few years (or to consider, for example, another contract for a major solo exhibition). This clause also describes how the contract can be terminated. 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. Think of your shipping report as a status report for the gallery you`re working with. Be sure to explain in detail the current condition of the part and how it should be handled and maintained. 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. Most galleries do not buy works directly. Instead, they accept “consignment” work. In fact, they borrow works from an artist to exhibit in the gallery and then only pay the artist when it is sold.
This agreement limits the gallery`s capital expenditures so that it can devote more of its resources to paying for rent, staff, advertising or other business costs. This confirms receipt of the following works of art upon delivery. The artist must indicate both the wholesale price and the retail price for the convenience of the gallery and to avoid misunderstandings. 3. Shipping. The Artist hereby sends the works of art listed on the attached inventory sheet, which forms part of this Agreement, to the Gallery and the Gallery accepts them against consignment. Additional inventory records may be included in this Agreement at the time both parties agree to provide other works of art. All inventory cards must be signed by the artist and the gallery. 15.
Security. This is a legal clause that protects the artist and stipulates that the artist is the owner of the delivered work until full payment. Few states have laws that protect an artist`s work on behalf of the gallery`s creditors. This is an important reason why artists must use contracts with a security clause. The creditor`s rights are also cut off if there is a sign on the gallery indicating that the work sold will be sold on commission, but such signage is rarely used. A consignment report or dissemination sheet is a formal agreement between artists and galleries. Consignment reports set the conditions of sale, examine how art should be maintained, and strive to define the relationship between artists and galleries. Accounting details: Essentially, when will you get paid? Is it right after the sale of a work? Once a month? Your art supply contract should be extremely clear on these terms, as it`s not uncommon for galleries to fall off the radar during difficult times.
16. Duration and Termination of Submission. The Artist and the Gallery agree that the initial shipping period of the Work will last until ___, 200__ and that the Artist will not require the return of the Work before that date, unless the Agreement is violated by the Gallery. Thereafter, this Agreement shall survive written notice of termination by either party to the other. Within thirty days of notice of termination, all invoices must be paid and all unsold artwork returned to the artist at the gallery`s expense. The contract ends automatically upon the death of the artist or if the gallery goes bankrupt or is insolvent or violates the contract. 4. Authority of accepted artists` works. Works of art may only be accepted for shipment by one of the persons designated in writing by them as being entitled to accept works of art. The gallery may reject works of art at the discretion of the owner. 10. Transportation of works of art.
If the artist or gallery has a preferred sender, it could be added to the contract under this section. Suppose there is a 50/50 shipping agreement and a part that sells for $5000 to be paid in installments of $1000 over five months. The artist owes $2,500. According to the best arrangement, the artist receives the first $2500 paid by the collector (which would happen in the first three months). Otherwise, the artist might be in a situation where they could wait for all payments in instalments to be made before receiving any money. The contract states that if a collector pays in installments, the artist will be paid in full from the first funds received and will not wait until the end. .