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. 3. Prices and terms of payment. This clause sets out the Gallery`s price obligations and the percentage of the sale price it retains. It`s important to include both retail and wholesale pricing on your inventory list. Do not use "net price" (see #4, discount, below) or "artist price" (the wholesale price). 12.

Advertising. The gallery makes every effort to promote, exhibit and sell works of art. The Gallery must uniquely identify the artist`s name with all works of art and include the artist`s name on the purchase agreement for all works of art sold by the gallery. The gallery is also responsible for the storage and use of custom boxes and shipping containers specially designed for works of art. 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.

Option 2. If the gallery is obliged to grant its client a collection discount of __% of the sale price, the amount of the discount will be divided equally between the gallery and the artist, provided that the artist`s share in the discount does not exceed ___ % of the sale price. Option 1. In the case of discount sales, the discount will be deducted from the gallery`s commission. The artist receives the entire share of the artist in the sale price as agreed. Another important aspect of a consignment contract is when the gallery/store goes bankrupt. Their work is protected (by contract) from the creditors of the galleries/shops who may want to claim stocks on the money owed to them. 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. Loans: terms of permanent or temporary loan of works sent; for the prior written consent of the artist; for the use of loan program contracts; for payment to the artist; % of gallery rental fees. Advances: arrangements for the payment of money to the artist before the sale/rental fee; if and when to repay. My recent contribution to artists who want to ensure the representation of art galleries brings me to another important question. What should you do if a gallery is interested in selling your artwork? The relationship between the gallery and the artist can sometimes be a pretty loose affair based on little more than a handshake. I think it makes sense to get an art gallery contract. Consider the following story: Exclusivity: In some cases, you can add 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. Keeping good records for unique works of art can be very important to the artist. Curators or museums working on exhibitions or retrospectives may want to borrow works from a gallery or works from collectors. Such exhibitions are part of the provenance of the works and can increase the value of the work. Therefore, artists must keep accurate records of the location of their work. * Who pays for utilities such as transportation, packaging, shipping, warehousing, travel, etc.? Does the gallery pay? Will you pay? Will the costs be shared? If so, how? Always know in advance who pays how much for what and under what conditions. And formalize it in writing. * Will the gallery represent all your artworks or specific works or groups of works? If the relationship is new or untested, it is best that the gallery does not have control over all your art, but the exclusive rights to sell only the works or works they are most interested in representing or selling.

This way, you can still sell work and generate income if the gallery is not able to sell as much as they thought. As an artist, it`s important that your basics are covered when you enter a situation where you`re supposed to provide artwork to a client, gallery, institution, etc. For example, the Professional Association of Visual Artists Berlin (bbk) recommends that visual artists need a contract when participating in an exhibition. * Who pays to organize, hang or otherwise exhibit art? Does the gallery cover all expenses or does it expect you to pay a certain percentage? Here`s a breakdown of (some) common types of contracts and agreements you might encounter during your artistic career. 15. Security. Ownership and a security right in all works of art or proceeds of sales delivered under this Agreement are reserved to the Artist. The works are not the subject of any claim by the gallery`s creditors. The Gallery undertakes to issue and provide the Artist with a financial report and other documents in the form requested by the Artist that the Artist may need to perfect his security on the Works. In the case of the purchase of a work of art by a party other than the gallery, ownership passes directly from the artist to the buyer. In the event of a purchase of a work of art by the Gallery, ownership will only be transferred to the Artist after full payment of all amounts due under this Agreement. The Gallery acknowledges that it has no rights and may not pledge or encumber any work of art in its possession, nor incur any costs or obligations for which the Artist may be held responsible.

7. Fiduciary Duties. Ownership of each of the works remains in the name of the artist until the artist has been paid in full. With payment, the property then passes to the buyer. All profits from the sale of the works will be held in trust for the artist until full payment by the artist. The gallery pays all amounts due to the artist before the proceeds of the sale can be made available to all creditors of the gallery. Shipping time: How long will the gallery or retailer keep the artwork while it is not sold? It is therefore advisable to create an art gallery contract – a commercial agreement – that you and the gallery director can discuss and sign. This may not save you from the nature of the story above, but it can help you identify red flags that might appear during conversations with a potential gallery. It also gives you the opportunity to talk about issues that may arise during the course of the business and decide how they will be handled. 11. Commission. Some types of sales may or may not be covered by a gallery`s contract.

For example, a gallery that represents an artist who lives in the same city wants to receive a percentage of all commissions the artist receives, or a percentage of all studio sales. Therefore, workshop sales, commissions or exhibitions in the geographical area that the gallery wishes to include in the contract must be discussed between the gallery and the artist. The Professional Guidelines Committee recommends that artists not sell their work in studio sales below the sale price set in their galleries. (See also #3 Prices and payment terms.) Commissions for a single job should probably be dealt with on a case-by-case basis, depending on the difficulty of the commission. * What is the duration of the current agreement? In other words, how long will the gallery represent you or your art? If the relationship is new, a term of three months to a year is typical, after which the contract can be renegotiated, or if both parties are in perfect agreement, the wording of the contract can automatically extend the term. 9. Insurance. The gallery insures the artwork at the total wholesale price. In the event of an insurance claim, the Gallery will pay all deductibles.

* How are prices determined? In most cases, discuss, accept, and then set retail prices in advance. In general, it is recommended to let the gallery take the lead here. They know their customers and who usually buys what for how much. Although shipping agreements tend to be more comprehensive than a shipping report and include global trade agreements, there are still instances where you want to be aware of representation restrictions or expectations in a shipping report for a particular job. * Will you be able to sell art outside of the gallery itself? On your website, in your studio, in other galleries or on social media pages? If so, what art can you sell and under what conditions? Does the gallery want a commission for outside sales? If so, what percentage? Will you be able to sell to existing customers without having to pay commission? Etc..