Agreement Between Artist And Gallery

11. Commission. Some types of sales may or may not be covered by a gallery`s contract. For example, a gallery representing an artist living in the same city might want to receive a percentage of all commissions received by the artist or a percentage of all studio sales. Therefore, sales of workshops, commissions or exhibitions within the geographical area that the gallery wishes to include in the contract should be discussed between the gallery and the artist. The Professional Guidelines Committee recommends that artists not sell their works in studio sales below the sale price set in their galleries. (See also #3 prices and terms of payment.) Commissions on single assignments should probably be dealt with on a case-by-case basis, depending on the difficulty of the commission. This is an agreement between ________________of_________________ (the artist) and ___ who buys the work of art. The artist undertakes not to contact the client to sell works of art directly to the client and the gallery is informed or receives a copy of any communication between the artist and the client that relates to this work of art as long as the contract remains in force. 8. Loss or damage. The gallery is strictly responsible for the loss or deterioration of the works of art shipped from the date of delivery to the gallery until the return of the artwork to the artist or delivery to a buyer. In case of loss or damage that cannot be restored, the artist receives the same amount as if the artwork had been sold at the sale price.

9. Insurance. Insurance for the full wholesale price should be provided by the gallery. The gallery is responsible for the frankness of its policy. The artist should have control over all repairs if necessary. (For more information, see the artist`s checklist: Claims for Damaged Works.) 15. Security Interest. Ownership and the right to safeguard works of art or proceeds of sale shipped under this Agreement are reserved to the artist. The works of art are not subject to claims of the gallery`s creditors. The gallery undertakes to issue and provide the artist, in the form desired by the artist, with a financial statement and other documents that the artist may need to enhance his interest in the safety of the works of art. In case of acquisition of works of art by a party other than the gallery, the titles pass directly from the artist to the buying party. In case of purchase of a work of art by the gallery, the property will only be transferred to the artist with full payment of all sums due.

The gallery acknowledges that it has no rights and that it cannot mortgage or incriminate works of art in its possession, nor does it collect any royalties or obligations for which the artist may be held responsible. This Agreement does not address provisions relating to the receipt, labelling and protection of works, the CV, the description of the work and promotional material (if any), as artists generally prepare them for themselves; Copyright is simply irrelevant. The California Consignment of Fine Art Act, section civil code 1738 and. seq., provides that a gallerist is a ”constructive agent” of the art made available to him for the sale of the consignment. As trustees, they are fully responsible for any loss or damage and must pay the artist the share of the proceeds of the sale before paying themselves.. . . .