During the period of _________ years, Buyer
Agency: that the gallery will act as agent for the artist to promote, exhibit and sell work (as distinct from acting as consignee, simply to sell work/s left at the gallery: see AM Nov. ’77); that the agency will cover a specified geographical area. Make handwritten notes in the margins or on the back of a contract. These are all free to download and print to act as guide for both vendor and purchaser to draft their own agreements. Serious problems can and do arise, when the dealer discovers the arrangement and simply objects, or asks for his commission on sales. 2. Minimum prices may be changed
Maximilian Ventures LLC. Legal Indices (Many artists have been surprised to find exhibition costs set off against sales.). e.g., a quarterly statement by the gallery to the artist dealing with-. The irresponsible party desires an unfair balance in its favor. Unfortunately, there may be galleries and organizations that will avoid signing contracts to take advantage of you, dodge financial responsibility, or leave your working relationship open to be dropped without notice. A contract can be verbal, but a contract in writing, signed by both parties, is always better. Buying & Selling The article is for information only, and not for the purpose of providing legal advice. This agreement shall be governed by and construed in
Legal Associations (Say the gallery is in New York, the artist in London, who is to know whether the agency extends to USA, UK, Canada, Europe, the world? Exhibitions: how many will be arranged by the gallery for the artist each year, what kind (solo/group/mixed) and for how long; whether the gallery may arrange to exhibit works other than at gallery premises; whether the artist may exhibit and/or sell work other than consigned work, in another gallery. Contracts are useful if not vital for a number of reasons. Very few galleries use written forms of agreement, preferring to rely on memory, and mutual trust. ); what the financial arrangements are concerning exhibitions. Feel free to share this article with other artists. (Usually by either party giving the other 30 days written notice, or 90 days after a solo exhibition at the gallery premises.). Buyer shall be responsible
Ask the other party to justify its reason(s) for not signing a contract with you. (There are basically two kinds of work: specified existing works, which should be listed; all or a selection of future work. Provide printed and signed addenda to an existing signed contract. 4. An artist contract is a type of document in which an agreement between an artist and a manager is arranged. This is a great opportunity to have a contract ready for them to sign. External, 3rd Party Return of Work: who shall have the responsibility and bear the cost of transport – or storage charges if the work cannot be returned. Save, sign, print, and download your document when you are done. Hundreds of artists have been bullied into signing contracts they don’t understand. In this column during the past months, the four basic business transactions most artists undertake have been discussed: sales, commissions, exhibitions, and consignments to agents for sale. and as compensation for Buyer's services in effecting the sale of a particular work,
particular sale, as and for Buyer's commission for having effected such sale, with
They spell out agreements between parties that are enforceable by law. Credit & Collection If no such agreement is made, legal ownership usually passes in law when the buyer agrees to buy the work – so it belongs to the buyer, in law, even though it still hangs in the gallery awaiting payment). be created by Artist during the term of this agreement. (Art-dealing is international and transactions can be made anywhere in the world. When working with friends it is always a good idea to draw up a simple written contract. As a general rule, any time you enter into an agreement pertaining to money or long-term associations, such as gallery representation, you need to have a lawyer look over the agreement. Duration of Agreement: when the parties may end the agreement. GYST-Ink is not responsible for any unfavorable outcomes associated with the use of these contracts. If handwritten notes are added to a contract, be sure to have all responsible parties sign or initial all revisions or addenda. Personal A contract can be verbal, but a contract in writing, signed by both parties, is always better. Sales: which works are for sale; retail price; gallery’s commission on sales and on studio sales made by the artist; discount sales and whether discount is to be deducted from the gallery’s commission; arrangements for approval sales; arrangements for paying the artist in respect of outright, deferred and instalment sales. whether the gallery will use its own, or the artist’s. Transfers & Assigns ________________________________ [Artist's full
The following constitutes the entire agreement with respect to the sale by _____ [Buyer's full name] ("Buyer") of sculptures, drawings and graphics created by _____ [Artist's full name] ("Artist"):. accordance with the laws of the State of _________ and shall be binding upon and
330+ Agreement Templates in Word Agreement Templates in Apple Pages; This article will help you find the perfect Agreement Template that will cover all of the specific details and arrangements of your pending business relationship. 5. (To avoid the expense and time involved by going through the courts. If artist and gallery agree that legal ownership can only pass to the buyer when the artist receives payment, there is much greater protection in law for the gallery, the artist and the work. If your contract is complicated, or you do not understand it, take your time and review it with a lawyer. ________________________________
U.S. Federal Gov't 4. Contract for Receipt and Holding of Artwork, Artist Gallery Contract/ Consignment/ Account, Contract for Transmission, Sales and/or Rental Media. the date of this agreement, Buyer shall have the exclusive right, in any part of
This should raise a red flag warning to question why the other party doesn’t want a written contract with you. Leases & Real Estate the world, to offer for sale and to authorize others to offer for sale, all
Contracts & Agreements. ), Governing Law: which law is to govern the settlement of disputes over the agreement. Law School Outlines It is often said that the gallery has ‘taken on’ the artist who has, therefore, joined the ‘stable’ of other artists promoted by that gallery. Agreement Formats - Legal Contracts Agreements as per Indian Law owner contractor, distributors, agreement formats selling agents & broker agreement Pre-Law, U.S. State Gov't Arbitration: whether the parties should, use an independent arbitrator in the event of a dispute over the terms of the agreement. Legal Forms Sources costs and insurance, and shall bear the entire cost of storing all items of
Write them all down. Borrowing & Lending Terms of Use Website by Good with Digital. Health Care, 350 Largest Law Firms the remaining _________ percent of such balance, less any amounts otherwise due
Printed Name]. assigns of the parties. If you have any questions about legal language, please consult one of the references included in this manual, or contact an arts attorney. In addition
); Delivery: who is responsible and how costs are to be shared. All proceeds less 15% commission from sales belong to the Artist and will be paid by check. You may request that the contract be revised with the appropriate changes before you sign it. Law Students This type of contract contains the scope of description, the authoritarian terms & conditions, rights for compensation and benefits, and this also includes other necessary provisions. such other places as the parties shall jointly determine. for any initial shipping cost advanced with respect to such item. to Buyer under this agreement, to be paid to Artist on a quarterly basis. Protection of Rights The matters discussed below are considered essential points for discussion and agreement: many seem to be entirely obvious; all have caused serious economic and aesthetic problems in the past which could have been so easily avoided. Law School Tuition by this agreement, Buyer shall be reimbursed, from the actual net proceeds of sale,
Preamble: names and addresses, description of their business (e.g. 5. Artist's work delivered to Buyer pursuant to this agreement. Contracts are useful if not vital for a number of reasons. and
Marital & Family insurance – by the gallery for the artist’s benefit. agreement. Testimonials The parties acknowledge that Artist has furnished
Artists can get free online legal information from Artquest. Sorry there are no related opportunities. for the publication and/or sale, in any part of the world, of books and
Many times a gallery or organization will not present you with a contract, or worse, refuse to sign one. shall have the exclusive right to arrange, and to authorize others to arrange,
The New Lockdown: reopening attitudes amongst arts organisations in England, The Artists Reserved Rights and Transfer and Sale Agreement. Ask also that it notify you in writing if any of the agreements are incorrect. Is the artist free to deal with another gallery (in London or Tokyo)? Statements of Account Agreement to Sell Works of Art. If no such agreement is made, legal ownership usually passes in law when the buyer agrees to buy the work – so it belongs to the buyer, in law, even though it still hangs in the gallery awaiting payment). from time to time in such manner as shall jointly be determined by the parties. 1. location of all unsold work, if not at the gallery; mutual rights of inspection of documents relating to sales/loans of work. Use these sample items to see if there is anything missing in your contract, or if you need to alter a contract you have been sent. This should only be done if a hard-copy revision is not possible due to timing factors or other inconvenient circumstances. and
arrange for exhibitions of Artist's works in the Cities of
(Some galleries believe they can sell all rights to consigned works, including copyright; this is not so, unless agreed in writing by the artist); arrangements for reproduction by the gallery for catalogues and publicity purposes – always to include © artist’s name and year of publication, e.g.