Artwork will be displayed in a secure environment.Staff will monitor the exhibition space at all times.All visitors will be prohibited from touching the Artwork.Food, smoking or open flame are not permitted in the galleries/areas that contain the Artwork. The best professional relationships are based on trust and good communication. The creditor’s rights are also cut off if there is a sign on display in the Exhibition stating that the exhibited work is on consignment, or on loan, but such signage is rarely used. Thus, Artists should keep accurate records for the location of their Artwork. Only a few states have laws that protect an Artist’s work on consignment from the creditors of the Exhibition Sponsor. Should the Artwork be returned to the Artist as outlined in this agreement, the Artist and The Gallery are equally responsible for the wholesale cost of the framing expense. 6. Though this may be common practice, artists should remember that when negotiating contracts, everything is negotiable. Because this gallery is working for their collector, they will expect a percentage of the retail price from the Exhibition Sponsor. When you enter an art gallery, in all likelihood the first person you will come across will be a gallery assistant. The Exhibition should display the work so that it is secure, safe and well displayed with labels that clearly identify the Artist as the creator. 11. Depending on the discussion of this issue and the artist/’gallery relationship, the gallery and Exhibition Sponsor need to decide how to allocate the remaining 50% commission. Make sure to clearly state your preferred shipping method (shipper) in the contract and in related correspondence. IV. Artists should fill out the Condition Report before shipping their work. Discover the Secrets of the Photography told by gallerists. If you are using a specific third party shipping agent, such as Parcel Pro or USPS, follow their particular shipping instructions to the letter. The Exhibition Sponsor is requested to furnish the following to potential Collectors: Please check any or all of the following as an appropriate method for contacting the gallery: The gallery’s telephone number: _______________________________________, The gallery’s e-mail address: ___________________________________________, The gallery’s complete address: ________________________________________, The gallery’s web site: ________________________________________________. (The viewing audience may not even realize that the work might be for sale). DISPLAY If the artwork has any specific display requirements, inform the Exhibition Sponsor well in advance. From the time that the Artwork arrives at the Exhibition and until the Artwork is returned to the Artist (or alternate address agreed to by both the Artist and the Exhibition Sponsor). Discover the secrets of the art told by the best gallerists Both the sponsor and the artist can use a contract as a checklist or as a guideline for discussion. The Artist certifies that the Artwork is in such condition as to withstand the ordinary stress and strains of packing, transportation, and display. VII. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. c. From the Exhibition Sponsor to any point other than the Artist shall be borne by the Exhibition Sponsor. (This may be compared to the conventional artist/gallery 50/50 arrangement). The Gallery shall pay all amounts due the Artist before any proceeds of sales can be made available to creditors of The Gallery. GOVERNING LAWThis clause specifies in which state any potential lawsuit would take place. Procedures for Modification. 4. From the Artist to Exhibition Sponsor shall be borne by the Exhibition Sponsor. IT IS A SAMPLE OF THE AGREEMENT THAT CAN BE USED AS A FOUNDATION SHOULD BOTH PARTIES DECIDE TO ENTER INTO A CONSIGNOR/ CONSIGNEE RELATIONSHIP. Payment to the Artist shall be made by the Gallery on the 15th of every month, and will include all commissions due for any/all artworks sold. Delivery of ArtworkIf the Artist or Exhibition Sponsor has a preferred shipper, this should be added to the contract under Section A. Plan Ahead If Hand Delivering Your Work to an Exhibition. This is an important reason why artists need to use contracts with a Security Interest clause. Non perdere i segreti dell'arte con Art Rights... Art Rights è la prima piattaforma di supporto alla gestione e certificazione delle opere d’arte a tutela di artisti, collezionisti e professionisti. Curators or museums working on exhibitions or retrospectives, in the future, may want to borrow work owned by collectors. Selling your work below retail, means that there is no room for the Exhibition Sponsor and the gallery to share the 50% commission that galleries are accustomed to receiving for an Artist’s work. XII. However, any claims against the Exhibition Sponsor for restoration or repairs shall survive until cured and any claims against the Artist for sales commissions shall survive until settled. Generally speaking, a starting point for the gallery’s commission starts at 50%. The Exhibition Sponsor and publications should make every effort to credit the Artist and the photographer with proper photo credit in all ads and related publicity. VII. The Gallery will not permit any of the Artworks to be copied, photographed or reproduced without the written permission of the Artist. The creditor’s rights are also cut off if there is a sign on display in the Exhibition stating that the exhibited work is on consignment, or on loan, but such signage is rarely used. Retail sales in this type of exhibition environment are usually a low priority. P O Box 455 Boulder Creek California 95006, Email: michael@enchantedcreek.com URL: http://www.enchantedcreek.com. Reproduction. MISCELLANEOUS All modifications, deletions or additions to this agreement must be in writing and signed by both parties and attached to this document. This avoids misunderstandings or forgotten conversations. 3. Artist will provide photographic materials as stated above in Section V. PHOTOGRAPHY. At the same time, include an artist statement that is interesting and informative, written specifically about the work in the show -- not a general artist statement. (See INVENTORY RECORDS: Documentation and Provenance in the Professional Guidelines. The Gallery agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Artist's behalf. Packing,unpacking and display assembly instructions should be glued to the outside of the inner shipping box. Any written changes made to the contract should be attached to the Artist’s and to the Exhibition Sponsor’s original contract. Additional Inventory Sheets may be incorporated into this Agreement at such time as both parties agree to the consignment of other works of art. Any special mounts or installation instructions should be put in writing and sent in advance to the Exhibition Sponsor. It is recommended that the contract avoid using use the terms “net price” or “artist’s price” (the wholesale price). Yes, the Artist, gallery and collector sometimes run into this vague territory that needs discussion to work out an arrangement acceptable to everyone. Go the extra mile. Responsibility for Loss or Damage, Insurance Coverage. Selling Artwork at full retailThe percentage taken as a commission by non-profit and museums spaces varies considerably. Any special mounts or installation instructions should be put in writing and sent in advance to the Exhibition Sponsor. PROMOTION Marketing, promotion and publicity, including advertising expenses, are the responsibility of the Exhibition Sponsor. Some sponsors are not interested in taking any percentage of retail sales, or they take a reduced commission of perhaps 25% to 30% of the retail price. This is exactly where a contract between the artist and the Exhibition Sponsor can be most helpful. When the Artwork is returned to the Artist, a copy of the Condition Report will be included in the shipping box. Typical non-commercial exhibition sponsors are distinct from retail/commercial galleries and may include guilds, artist organizations, non-profits and alternative exhibition venues. Artists and crafts persons should consider all exhibitions as opportunities to gain exposure for their work and should always conduct themselves in a professional manner. Removing work during the show, for any reason, dilutes the impact of the show and deprives future viewers of the full range of work in the show. The exclusive contract involves, for a maximum of 5 years, the obligation for the artist to reserve all his or her production for the gallery, receiving a monthly income if so agreed.
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