This is a contract between a photographer and a gallery in which the photographer consigns to the gallery certain works and the gallery agrees to offer the works for sale. The one we use can be found at: http://www.johnpaulcaponigro.com/blog/4532/gall....
This Agreement made and entered into by and between Artist Name, hereinafter referred to as the "Artist", and Gallery Name, hereinafter referred to as the "Gallery", collectively referred to as the "Parties", on Date.
1. The Artist does hereby consign unto the Gallery the artworks which are listed below and are the subject of this Agreement, receipt of which in good condition is hereby acknowledged by the Gallery.
List and Description of Artworks Consigned to Gallery by Artist
2. The Gallery shall hold the artworks which are the subject of this Agreement in trust for the benefit of the Artist. Gallery shall offer the artworks for sale for the retail price designated on the attached list and shall receive a Gallery Commission Percentage% commission on each sale.
3. The proceeds of any sale shall be held in trust for the benefit of the Artist by the Gallery and shall be sent to the Artist within 30 working days after collection from the client. The retail price of the artworks shall be set by the Artist and shall not be raised unilaterally by the Gallery. During the term of the Consignment, the Gallery shall not sell for more than the established price any of the Artist’s artworks whether those artworks are owned or consigned.
4. This Agreement is for a period of Agreement Term months and may be terminated by either party, at any time by written notice to the Gallery by the Artist, his heirs, executors or assigns. Upon written notice of termination, the Gallery shall return the artworks within Gallery Work Return Term working days or the Gallery shall have the right to purchase outright the artworks on consignment and shall mail a check for the amount due for the artworks within said Gallery Work Return Term day period.
5. The risk of loss under this Agreement rests with the Artist during shipment to the Gallery, and with the Gallery until the artworks are returned to the Artist. If the artworks are damaged, it is the responsibility of the Artist to promptly notify the Gallery. The Artist expects that all prints on commission will be fully insured for their market value at the place of exhibition, and that upon their return shipment, a full inventory and condition report will accompany the shipped prints. The Artist requests the review of the inventory and a signed condition report of all materials upon arrival. The Gallery will be expected to pay 60% of the print value for damages incurred to prints or to replace frames or plexiglass that have incurred significant damage during their period of consignment.
6. All prints on consignment will be shipped, signed, and numbered unless otherwise agreed between the Gallery and the Artist. Print prices do not include framing, archival mounting and matting. The Artist will pay for shipment to the place of exhibition and expects the return shipping (insured and of comparable quality) to be covered by the Gallery. The Gallery will assure the Artist that all packing materials received with the artworks shall be returned and all works will be carefully packaged in the same way in which they were delivered.
7. The Artist shall provide the Gallery with the name of all clients who purchase prints. In the event that a client shall contact the Artist and attempt to purchase a print during the term of this Agreement, the Client shall be referred to the Gallery, or if the Artist makes the sale, he shall remit a Artist Remittance Percentage% commission to the Gallery within a period of one year after the termination of this Agreement.
8. This Agreement shall be treated by the parties as it was entered in Agreement State and shall be interpreted under the laws of the State of State of Governing Law.
9. This Agreement is the entire Agreement between the Parties and any modification of the Agreement must be in writing.