Art Gallery Commission Agreement
Art Gallery Commission Agreement
This Art Gallery Commission Agreement ("Agreement") is made and entered into as of [Month Day, Year], by and between:
[Your Company Name]
[Your Company Address]
[Your Company Number]
[Your Company Email]
(“Gallery”)
and
[Artist’s Name]
[Artist’s Address]
[Artist’s Phone Number]
[Artist’s Email]
(“Artist”)
WHEREAS, the Gallery operates an art gallery and exhibition space for the promotion and sale of artworks;
WHEREAS, the Artist is an individual or entity engaged in the creation of original artworks; and
WHEREAS, the Gallery and the Artist wish to enter into an agreement for the sale of the Artist's works on a commission basis.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Engagement of the Artist
The Gallery hereby engages the Artist to provide artworks for exhibition and sale, and the Artist agrees to deliver such artworks according to the terms and conditions outlined in this Agreement.
2. Scope of Work
The Artist shall provide the following artworks for exhibition at the Gallery:
|
Title: |
Ethereal Bloom |
|
Medium: |
Oil on Canvas |
|
Dimensions: |
36 x 48 inches |
|
Year Created: |
2053 |
|
Title: |
Metropolitan Dream |
|
Medium: |
Acrylic and Mixed Media |
|
Dimensions: |
24 x 36 inches |
|
Year Created: |
2054 |
|
Title: |
Ocean’s Whisper |
|
Medium: |
Watercolor on Paper |
|
Dimensions: |
18 x 24 inches |
|
Year Created: |
2051 |
The Artist agrees to provide a total of [0] artworks for display during the exhibition period.
3. Exhibition Period
The artworks will be exhibited from [Month Day, Year] to [Month Day, Year] (“Exhibition Period”). The Exhibition Period may be extended by mutual written consent of both parties.
4. Commission Structure
The Gallery shall receive a commission of [0]% of the gross sales price of each artwork sold during the Exhibition Period.
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The remaining [0]% shall be paid to the Artist.
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The commission shall apply only to the sales of artworks completed during the Exhibition Period.
5. Pricing
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The Artist agrees to provide the Gallery with a suggested retail price for each artwork.
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The final sale price shall be determined by mutual agreement between the Artist and the Gallery. All prices must be clearly marked on the artworks.
6. Payment Terms
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The Gallery shall provide a detailed account of all sales, including the sale price and commission due, to the Artist within [0] days following the end of the Exhibition Period.
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Payment to the Artist shall be made within [0] days of the sale, minus the Gallery’s commission.
7. Promotion and Marketing
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The Gallery agrees to promote the Exhibition through its marketing channels, which may include social media, email newsletters, press releases, and other promotional activities.
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The Artist may be required to assist in promotional efforts by providing images, artist statements, and any other relevant materials.
8. Delivery and Installation
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The Artist shall deliver the artworks to the Gallery on or before [Month Day, Year].
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The Gallery shall be responsible for the installation of the artworks in a manner that reflects the Gallery's professional standards. The Artist may provide input on the installation but shall not be responsible for the physical installation.
9. Insurance and Liability
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The Gallery shall maintain insurance coverage for the artworks while they are in the Gallery’s possession, covering risks of theft, damage, or destruction.
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The Artist is encouraged to maintain their own insurance coverage for the artworks.
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The Gallery shall not be liable for any damage to artworks resulting from natural disasters, vandalism, or other acts of God.
10. Ownership of Artworks
The Artist represents and warrants that they are the sole creator and owner of the artworks provided for this exhibition, and they have the right to enter into this Agreement. The Artist shall retain ownership of the artworks until they are sold.
11. Unsold Artworks
At the end of the Exhibition Period, any unsold artworks shall be returned to the Artist unless otherwise agreed in writing. The Artist shall be responsible for picking up any unsold artworks within [Number] days after the end of the Exhibition Period.
12. Intellectual Property Rights
The Artist retains all intellectual property rights to the artworks. The Gallery may use images of the artworks for promotional purposes, including social media, website content, and press releases, with appropriate credit given to the Artist.
13. Termination
This Agreement may be terminated by either party upon written notice if the other party fails to comply with any of the terms and conditions contained herein. Upon termination, the Artist shall retrieve any unsold artworks within [Number] days.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles.
15. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. This Agreement may only be amended in writing, signed by both parties.
16. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17. Waiver
No waiver of any term or condition of this Agreement shall be deemed or shall constitute a waiver of any other term or condition, nor shall any waiver constitute a continuing waiver.
18. Notices
Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed delivered when delivered personally or sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, to the addresses set forth above.
19. Counterparts
This Agreement may be executed in one or more 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 have executed this Art Gallery Commission 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]
