Artist – Gallery Agreement
Agreement made through electronic agreement, on day of transmission in the year of 2018; between Artist Named Above and Contemporary Art Gallery Online (hereinafter referred to as the “The Gallery”), doing business at www.contemporaryartgalleryonline.com and with an office located at 3 Church Circle, Annapolis, Maryland 21401.
Whereas, The Artist is an established, professional artist of proven talents; and
Whereas The Artist wishes to have an agent represent him or her in marketing certain rights enumerated herein; and Whereas, The Gallery is capable of marketing the artwork produced by the Artist; and whereas, The Gallery wishes to represent the Artist;
Therefore; in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:
1. Scope of Agency. The Artist appoints The Gallery to act as his or her exclusive representative; for the exhibition and sales of artworks in the following media: Online and Print and for the pieces given to The Gallery, to show. The Gallery shall document receipt of all works consigned by signing and returning to The Artist a Record of Consignment in the form annexed to this contract as Appendix A.
2. Term and Termination. This Agreement shall have a term of one year and days and may be terminated by either party by giving sixty days written notice to the other party. The term is to expire twelve months and days, with the termination always ending on the last day of the month. Should The Artist terminate the agreement prior to the expiration of the term, The Gallery has the right to collect all its expenses relevant to the marketing and promotion of The Artist. The Agreement shall automatically terminate; if The Gallery becomes bankrupt or insolvent. On termination, all works consigned hereunder shall immediately be returned to The Artist at the expense of the Gallery.
3. Renewal. This Agreement shall renew automatically every year unless a sixty days written notice is given to the other party, by the party wishing to terminate The Agreement.
4. Fees. $300.00 will be paid to The Gallery at the time of this signed Agreement. $175.00 will be paid to the Gallery, at year two and each subsequent year thereafter. These annual fees will be paid automatically without demand. Should a change in annual fees occur, The Gallery shall give The Artist a Ninety-day notice in writing. These fees will cover administration costs and advertising of the Artists works.
5. Commissions. The Gallery shall receive a commission of 30% percent of the list retail price shown on the Record of Consignment.
6. Prices. The Gallery shall sell the works at the retail prices shown on the Record of Consignment, subject to the Gallery’s right to make customary trade discounts to such purchasers as museums, galleries, designers and such.
7. Payments. The Gallery shall pay The Artist all proceeds due to The Artist within ten days of sale. No sales on approval or credit shall be made without the written consent of The Artist and, in such cases; the first proceeds received by The Gallery shall be paid to The Artist until The Artist has been paid all proceeds due.
8. Accounting. The Gallery shall furnish The Artist with an accounting every six months, the first such accounting to be given on the 1st day of the twelfth month. Each accounting shall state for each work sold during the accounting period the following information: the title of the work, the date of sale, the sale price, the name and address of the purchaser, the amounts due The Gallery and The Artist and the location of all works consigned to The Gallery that have not been sold. An accounting shall be provided in the event of termination of this Agreement.
9. Inspection of Books. The Gallery shall maintain accurate books and documentation with respect to all transactions entered into for the Artist. On the Artist’s written request, The Gallery will permit The Artist or the Artist’s authorized representative to examine these books and documentation during normal business hours of the Gallery.
10. Loss or Damage. The Gallery shall be responsible for loss or damage, up to 75% of its retail value, to any consigned artwork from the date of delivery to The Gallery until work is returned to The Artist or delivered to a purchaser. In the event of loss or damage that cannot be restored, The Artist shall receive the same amount as if the work had been sold at the retail price; listed in the Record of Consignment. If restoration is undertaken, The Artist shall have a veto power over the choice of the restorer.
11. Insurance. The Gallery shall ensure the work for 75% of the retail price shown in the Record of Consignment.
12. Copyright. The Gallery shall take all steps necessary to ensure that the Artist’s copyright in the consigned works is projected, including but not limited to requiring copyright notices on all reproductions of the works used for any purpose whatsoever.
13. Assignment. This Agreement shall not be assignable by either party hereto, provided, however, that The Artist shall have the right to assign money due him or her hereunder.
14. The Artist gives permission to the Gallery, for the use of his or her art’s images for the sole purposes of advertising, marketing, brochures, catalogs, books, commercials, rack cards, and such. The Gallery has the permission of The Artist to continue to use said images for the sole purpose of advertising after the agency relationship has ceased.
15. Omissions. The Artist holds harmless The Gallery for any omissions, errors and/or misrepresentations of The Artist and their work.
16. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum of less than $500 dollars.
17. Modifications. All modifications of this Agreement must be in writing and signed by both parties. This Agreement constitutes the entire understanding between the parties hereto.
18. Governing Law. This Agreement shall be governed by the laws of the State of Delaware. In Witness Whereof, the parties hereto have executed this Agreement on the day and year above set forth.
I agree to the terms listed above by either signature of the document or by accepting the terms electronically.
Artist’s Signature and Date