Art Gallery Consignment Agreement
Art Gallery Consignment Agreement
This Art Gallery Consignment Agreement ("Agreement") is made and entered into as of [Month Day, Year], by and between:
Gallery Name: [Your Company Name]
Gallery Address: [Your Company Address]
Gallery Email: [Your Company Email]
Gallery Phone Number: [Your Company Number]
AND
Artist Name: [Artist's Name]
Artist Address: [Artist's Address]
Artist Email: [Artist's Email]
Artist Phone Number: [Artist's Phone Number]
Collectively referred to as the "Parties."
1. Purpose
The purpose of this Agreement is to outline the terms and conditions under which the Artist will provide artwork ("Artwork") to the Gallery for sale on a consignment basis.
2. Definition of Artwork
For the purposes of this Agreement, "Artwork" shall include any and all visual art pieces, including but not limited to paintings, sculptures, photographs, and mixed media, created by the Artist, specifically listed in [Exhibit A] attached hereto and incorporated herein by reference.
3. Consignment of Artwork
The Artist agrees to consign the Artwork to the Gallery, and the Gallery agrees to accept the Artwork on a consignment basis for sale to the public. The Gallery shall display the Artwork at its premises located at [Your Company Address] during regular business hours.
4. Duration of Agreement
This Agreement shall commence on the date first written above and shall continue for a period of [six (6) months], unless terminated earlier as provided herein.
5. Pricing and Payment
5.1 Retail Price: The Gallery shall sell the Artwork at the retail price set by the Artist, as detailed in [Exhibit A].
5.2 Commission: The Gallery shall retain a commission of [0]% of the retail price of each Artwork sold. The remaining [0]% shall be paid to the Artist.
5.3 Payment to Artist: Payment for sold Artwork shall be made to the Artist within thirty (30) days] after the sale, less any applicable commissions.
5.4 Sales Tax: The Gallery shall be responsible for collecting and remitting any applicable sales tax on the sale of Artwork.
6. Delivery and Return of Artwork
6.1 Delivery: The Artist shall deliver the Artwork to the Gallery at the Artist's expense. Delivery shall occur no later than [Month Day, Year].
6.2 Condition of Artwork: The Artist represents and warrants that the Artwork is original and in good condition at the time of delivery.
6.3 Unsold Artwork: At the end of the consignment period, the Gallery shall return any unsold Artwork to the Artist, at the Artist's expense, unless otherwise agreed in writing.
7. Insurance and Liability
7.1 Insurance: The Gallery shall maintain insurance coverage for the Artwork against loss or damage while in the Gallery's possession. The Artist shall provide the Gallery with a written appraisal of the value of the Artwork for insurance purposes.
7.2 Liability: The Gallery shall not be liable for any loss, damage, or theft of the Artwork while in the Gallery's possession, unless due to the Gallery's gross negligence or willful misconduct.
8. Promotion and Marketing
8.1 Promotion: The Gallery agrees to promote the Artwork through various means, including but not limited to, social media, exhibitions, and newsletters.
8.2 Artist Participation: The Artist shall have the opportunity to participate in promotional events and openings as mutually agreed upon by the Parties.
9. Ownership and Copyright
9.1 Ownership: The Artist retains all rights, title, and interest in and to the Artwork, including all copyright and moral rights, until such time as the Artwork is sold.
9.2 Copyright: The Gallery shall not reproduce, copy, or otherwise utilize the Artwork without the express written consent of the Artist.
10. Termination
10.1 Termination for Convenience: Either Party may terminate this Agreement at any time by providing [thirty (30) days] written notice to the other Party.
10.2 Termination for Cause: Either Party may terminate this Agreement immediately if the other Party breaches any material term or condition of this Agreement and fails to remedy such breach within [fifteen (15) days] after receipt of written notice of such breach.
11. Indemnification
Each Party agrees to indemnify, defend, and hold harmless the other Party, its affiliates, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of this Agreement.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles.
13. Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding the subject matter hereof and supersedes all prior agreements, understandings, or representations, whether oral or written.
14. Amendments
No amendment or modification of this Agreement shall be effective unless made in writing and signed by both Parties.
15. Notices
Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by registered or certified mail, return receipt requested, or by email, to the Parties at the addresses set forth above.
16. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17. Waiver
The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or the right to enforce it at a later time.
18. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.
[Your Company Name]
By:
[Your Name]
[Title]
[Month Day, Year]
[Artist's Name]
By:
[Full Name]
[Month Day, Year]
