The Wall 1920c Gallery
950 Grant Ave. 2nd FL.
San Francisco, CA
Contract for Artist and Gallery Agreement
Agreement made this _____ day of the month of 2016 by and between (Artist) and The Wall 1920C (1920C LLC) located at 950 Grant Ave. 2nd FL, San Francisco, CA.
Gallery exhibits and sells artwork in ongoing exhibitions only; artist has created and owns the artwork listed in the List of Inventory (the “Artwork”) and desires to exhibit and sell the same; Therefore, the parties agree as follows:
1. Scope of Agency. The artist appoints the gallery to act as artist’s nonexclusive agent in the following geographic area:Chinatown, San Francisco for the exhibition and sale of artwork. The Gallery shall cover only artwork submitted by the artist while this agreement is in force. Pieces outside this contract will not be received as a part of the final exhibition. The gallery shall document receipt of all artworks consigned.
2. Inventory and Setup. Gallery accepts, the artwork listed on the List of Inventory attached to this agreement. Artist is responsible for wall treatment, framing, documents required by the artist, self advertising and agrees to drop off artwork for the setup onFriday, May 27th, 2016. Exceptions for drop-off will be made upon request. Setup for the show will be done by the curator. Images of the exhibition have to be sent via email to the Gallery manager for advertising purposes if required.
3. Pick Up And Break Down. If artwork does not sell within the month, pick up will be__Monday, June 20th, 2016__. If this time does not work, you must notify the curator in advance and schedule a different time.
4. Online Sales. In addition to the gallery all artwork may be sold online for better promotion. A digital copy of your art piece should be sent to the curator prior to the start of the exhibition.
5.Pricing and Terms of Payment. This agreement lasts while the exhibition is on display and until payment has been received to the artist. The gallery shall sell the artwork only at the price agreed between the artist and curator which will be on the List of Inventory provided by the gallery prior to the exhibition. The gallery and the artist agree that the gallery's commission is to be 30 percent of the retail price of the artwork, Artist´s commission is to be 50 percent of the retail price and the 20 percent of the retail price will be retained by the nonprofits _Kiva and She’s The First_ All parties must agree to any change to the retail price or the gallery’s commission in advance.
6. Payment. The Gallery shall pay the Artist all proceeds due to the artist within thirty (30) days of artwork sale.
7.Accounting. The Gallery shall provide the Artist with an accounting within thirty (30) days of the end of the art show via email. For each sale of the Artist´s work, the Gallery shall list the date of sale, the sale price, the name, address of the purchaser (if available), the email of the purchaser (if available) and the location. A complete and final accounting shall be provided in the event of termination of this agreement via email.
8. Approval Sales. The gallery shall not permit any artwork to be removed if this is NOT purchased at the listed price while this agreement is in rule.
9. Loss or Damage. The gallery will not insure The Artist artwork, however, should damage occur that can not be restored, the Artist agrees to not receive the total retail price of the artwork, since its responsibility of the Artist to be an active part of the setup of his/her show. The Gallery will not be responsible for any damage or theft.
10. Storing Artwork After The Exhibition. The gallery is responsible for storing and and distributing artwork to buyers. Artwork will be packaged for delivery to buyer.
11.Promotion. The gallery shall use its best efforts to promote, display and sell artworks. The gallery shall clearly identify the artist’s name with all artworks and shall include the artist’s name on the bill of sale for any artwork sold by the gallery.
12. Reproduction. The artist reserves all copyrights to the reproduction of the artworks except as noted in writing to the contrary. The gallery may arrange to have the artworks photographed to publicize and promote the artworks. In every such use, the artist shall be acknowledged as the creator and copyright owner of the artwork.
13. Copyright. The gallery shall take all steps necessary to insure that the artist’s copyright in the consigned artworks is protected in the artist’s name. In the event of the purchase of any work by a party other than the Gallery, title shall pass directly from the Artist to the other party.
14. Duration and Termination of Consignment.The artist and the gallery agree that the initial term of consignment for the artwork shall continue until ____Monday June 30th, 2016__, and that the artist will not ask for return of the artwork prior to this date unless the agreement is breached by the gallery. Thereafter, this agreement shall continue until written notification of termination from either party to the other. Within thirty days of the termination notification, all accounts shall be settled and all unsold artwork shall be returned to the artist. The agreement shall automatically terminate with the death of the artist or if the gallery becomes bankrupt or insolvent, or breaches the agreement.
15.Modification. All modifications, deletions or additions to this agreement must be in writing and signed by both parties. This agreement constitutes the entire understanding between the parties hereto.
16. Governing Law. This agreement shall be governed by and in accordance with the laws of the State of California and if there shall be any dispute, it will be settled in the city of San Francisco where the Gallery is located.
IN WITNESS WHEREOF, the parties hereto have signed this agreement as of the date below.
Company Name (if any):
The Wall 1920c Gallery
Phone Number: ______________________________________________________
Email Address: ______________________________________________________
Social media handles:
LIST OF INVENTORY ON CONSIGNMENT
This is to acknowledge receipt of the following artworks on consignment.
Artist should list both the retail and discounted (If applicable) price for the convenience of the gallery and to avoid any misunderstandings.
Gallery acknowledges receipt of artwork listed.