Consignment Agreement

The Artist,
Name:
Address:
Contact Information:
and the Gallery:
Fair Wind Studio — Located in Marketplace of the Americas, 3891 Scarborough
Road, Columbus OH 43232 . Contact: ntorsen@wowway.com, 614-441-3110,
Nancy Torsen, 7414 Warwick Ave. Reynoldsburg, OH 43068 USA
hereby enter into the following Agreement:
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.
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.
A. Artworks will be in ‘ready to display’ condition. 2D art should be
matted or framed or enclosed in a clear sleeve. Not necessary for 3D
pieces.
B. Inventory sheet supplied by artist should include artist’s name and brief
biographical info and photo if available. Include, for each piece, title of
work, size, medium; indication of whether original, one-of-a-kind
(OOAK), limited or open edition, etc.
3. Warranty.
The Artist hereby warrants that he/she created and possesses unencumbered title
to the Artworks, and that their descriptions are true and accurate.
4. Duration of Consignment.
The Artist and the Gallery agree that the initial term of consignment for the
Artworks is to be six (6) months, 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 promptly.
5. Transportation Responsibilities.
Packing and shipping charges, insurance costs, other handling expenses, and risk
of loss or damage incurred in the delivery of Artworks from the Artist to the
Gallery shall be the responsibility of the Artist, and in their return to the Artist,
shall be the responsibility of the Gallery.
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 the
Artworks), 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 information.
7. Fiduciary Responsibilities.
Title to each of the Artworks remains in the Artist until the Artist has been paid
the full amount owing him or her for the Artworks; title then passes directly to the
purchaser. All proceeds from the sale of the Artworks shall be held in trust for the
Artist. The Gallery shall pay all amounts due the Artist before any proceeds of
sales can be made available to creditors of the Gallery.
8. Notice of Consignment. The Gallery shall give notice, by means of a clear and
conspicuous sign in full public view, that certain works of art are being sold
subject to a contract of consignment.
9. Removal from Gallery.
The Gallery shall not lend out, remove from the premises, or sell on approval any
of the Artworks, without first obtaining written permission from the Artist.
10. Pricing; Gallery’s Commission; Terms of Payment.
The Gallery shall sell the Artworks only at the retail price derived from adding
the artist’s price (including customs/duties, if any apply, etc.) with a 40% markup.
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 within_60_days after the date of sale (by the last day of the
month following the month of sale) of any of the Artworks.
The Gallery assumes full risk for the failure to pay on the part of any purchaser
to whom it has sold an Artwork.
11. 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, as follows:
A. Artworks will be specifically highlighted in an area which includes a bio
(and photo, if permitted by the artist) posted conspicuously adjacent to display.
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.
B. Marketplace of the America’s, which houses the Gallery, employs an
aggressive advertising schedule in which the Gallery will be featured from time
to time.
12. Reproduction.
The Artist reserves all rights 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 instance of such
use, the Artist shall be acknowledged as the creator and copyright owner of the
Artwork.
The Artist shall include on each Artwork, his/her signature and any copyright
information which applies, such as the following legend: “All rights to
reproduction retained by the Artist (name).”
13. Accounting.
A statement of accounts for all sales of the Artworks shall be furnished by the
Gallery to the Artist on a regular basis, in a form agreed to by both parties, as
follows:
A. The Artist will supply an Inventory Sheet showing Artist’s amount due for
each item. (Your base price + shipping)Gallery will complete Inventory Sheet
and return to Artist with payment of Artist’s amount due for missing items , by
the last day of the month following the month of the sale via method indicated
here._________________________________________________________
_______________________________________________________________
B. The Artist shall have the right to inventory his or her Artworks in the Gallery
and to inspect any books and records pertaining to sales of the Artworks at any
time during the Gallery’s normal business hours.
14. Additional Provisions.
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________
15. 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 means of written
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 60 days of the notification of termination, all accounts
shall be settled and all unsold Artworks shall be returned by the Gallery.
16. Procedures for Modification.
Amendments to this Agreement must be signed by both Artist and Gallery and
attached to this Agreement. Both parties must initial any deletions made on this
form and any additional provisions written onto it.
17. 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
hall 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.
This Agreement shall be governed by the law of the State of OHIO, and the United
States of America..
______________________________ (Signature of Artist)
______________________________ Date
____________________________ (Signature of authorized representative the Gallery)
____________________________ Date
NOTE – It is strongly suggested that you have a simple Inventory Sheet, showing item number or code, description, retail price and Consigner’s Amount Due for each item.
Have the initial one signed when signing the agreement. Then, monthly, either visit the gallery personally, or mail a copy to the gallery for them to take inventory and remit payment for MISSING items, not just SOLD items. This agreement makes perfectly clear that we  are totally responsible for any missing items, regardless of cause.

One response to “Consignment Agreement

  1. Nancy, Lovely idea. I need to think on it — timing is off for me right now.
    Hope this goes very well for you.

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