1. Agency; Purposes. The Artist appoints The Gallery
as agent for the works of art ("the
Artworks") consigned under this Agreement, for the purposes of exhibition and sale. The Gallery shall not permit the
Artworks to be used for any other purposes without the written consent of the
Artist. This agreement applies only to works consigned under this Agreement and does not make The Gallery a general agent for any
2. Consignment. The Artist
hereby consigns to The Gallery,
and The Gallery accepts on
consignment, those Artworks
listed on the attached Inventory
Sheet which is a part of this Agreement.
Additional Inventory Sheets may be incorporated into this Agreement at such time as both
parties agree to the consignment of other works of art. All Inventory Sheets shall be signed by Artist and Gallery.
3. Authority of Accepted Artist's Works. Works of art may be
accepted for consignment only by < > or by any person designated by
either of them in writing as authorized to accept works of art hereunder. The
Gallery may reject artworks at the Owners discretion.
4. Warranty. The Artist
hereby warrants that he/she created and possesses unencumbered title to the Artworks, and that their
descriptions are true and accurate.
5. Duration of Consignment. The Artist and The Gallery
agree that the initial term of consignment for the Artworks will be from mm/dd/yy to mm/dd/yy, and that the Artist does not intend to request
their return before the end of this term. Thereafter, consignment shall
continue until the Artist
requests the return of any or all of the Artworks or The Gallery
requests that the Artist take back any or all of the Artworks with which request the other party shall comply within
6. Responsibility for Loss or Damage, Insurance Coverage. The Gallery shall be responsible for
the safekeeping of all consigned Artworks
while they are in its custody. The Gallery
shall be strictly liable to the Artist
for their loss or damage (except for damage resulting from flaws inherent in
to the full amount the Artist
would have received from The Gallery
if the Artworks had been sold.
The Gallery shall provide the Artist with all relevant information
about its insurance coverage for the Artworks
if the Artist requests this
7. Pricing; Gallery's Commission; Terms of Payment. The Gallery shall sell the Artworks only at the Retail Price
specified on the Inventory Sheet. The
Gallery and the Artist
agree that The Gallery's
commission is to be ___ percent of the Retail Price of the Artwork. Any change in the Retail
Price, or in The Gallery's
commission, must be agreed to in advance by the Artist and The Gallery.
Payment to the Artist shall be made by The Gallery by week ___ of the following month after the sale. The Gallery assumes full risk for
the failure to pay on the part of any purchaser to whom it has sold an Artwork.
8. Promotion. The Gallery
shall use its best efforts to promote the sale of the Artworks. The Gallery agrees to provide adequate display of the Artworks, and to undertake other
promotional activities on the Artist's
behalf. The Gallery shall
identify clearly all Artworks
with the Artist's name, and
the Artist's name shall be
included on the bill of sale of each of the Artworks. The Gallery and the Artist shall agree in advance on
the division of artistic control and of financial responsibility for expenses
incurred in The Gallery's
exhibitions and other promotional activities undertaken on the Artist's behalf. The Gallery can use a reproduction
of any of the Artworks for
promotion purposes while the artist is associated with the gallery.
9. Termination of Agreement. Notwithstanding any other provision of
this Agreement, this Agreement may be terminated at any
time by either The Gallery or
the Artist, by giving a ten
(10) day written or oral notification of termination from either party to the
other. In the event of the Artist's
death, the estate of the Artist
shall have the right to terminate the Agreement.
Within thirty days of the notification of termination, all accounts shall be
settled and all unsold Artworks
shall be returned by The Gallery.
10. Miscellany. This Agreement
represents the entire agreement between the Artist and The Gallery.
If any part of this Agreement
is held to be illegal, void, or unenforceable for any reason, such holding
shall not affect the validity and enforceability of any other part. 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 provision or other provisions hereof. This Agreement shall not be assigned, nor
shall it inure to the benefit of the successors of The Gallery, whether by operation of law or otherwise, without
the prior written consent of the Artist.
In any proceeding to enforce any part of this contract, the aggrieved party
shall be entitled to reasonable attorney's fees in addition to any available
11. Choice of Law. This Agreement
shall be governed by the law of the State of Arizona.