This Sale of Fine Art Agreement is entered into as of Agreement Date,
between Photographer Name
(hereinafter referred to as the “Photographer”), located atPhotographer Address,
and Collector Name (hereinafter referred to as the “Collector”), located at Collector Address, with respect to the sale of an artwork (hereinafter referred to as the “Work”).
Whereas, the Photographer has created the Work and has full right, title, and interest therein; and
Whereas, the Photographer wishes to sell the Work; and
Whereas, the Collector has viewed the Work and wishes to purchase it;
Now, therefore, in consideration of the foregoing premises and the mutual obligations, covenants, and conditions hereinafter set forth, and other valuable considerations, the parties hereto agree as follows:
1. Description of Work. The Photographer describes the Work as follows:
Title: Work Title
Medium: Work Medium
Size: Work Size
Framing or Mounting: Work Framing or Mounting
Year of Creation: Work Year of Creation
Signed by Photographer or Not Signed by Photographer
The Photographer warrants or does not warrant that this work is unique (one of a kind).
2. Sale. The Photographer hereby agrees to sell the Work to the Collector. Title shall pass to the Collector at such time as full payment is received by the Photographer pursuant to Paragraph 4 hereof.
3. Price. The Collector agrees to purchase the Work for the agreed upon price of $Purchase Price, and shall also pay any applicable sales or transfer taxes.
4. Payment. Payment shall be made in full upon the signing of this Agreement.
5. Delivery. The Photographer or Collector shall arrange for delivery to the following location: Delivery Location Address no later than Delivery Date. The expenses of delivery (including, but not limited to, insurance and transportation) shall be paid byDelivery Expenses Payer.
6. Risk of Loss and Insurance. The risk of loss or damage to the Work and the provision of any insurance to cover such loss or damage shall be the responsibility of the Collector from the time ofCollector Insurance Responsbility Start Date.
7. Copyright and Reproduction. The Photographer reserves all reproduction rights, including the right to claim statutory copyright, in the Work. The Work may not be photographed, sketched, painted, or reproduced in any manner whatsoever without the express, written consent of the Photographer. All approved reproductions shall bear the following copyright notice: "(c) by Photographer Name Copyright Year."
8. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of State of Governing Law.
In Witness Whereof, the parties hereto have signed this Agreement as of the date first set forth above.