Below is R Gallery's standard art consignment agreement.
Legal Agreement and terms:
By submitting entries, the artist acknowledges that he/she will read and accept R Gallery's artist agreement which will be provided upon acceptance into the show.
Agency. The Artist appoints R Gallery as agent for the exhibition and sale of the works of art (“the Artworks”) consigned under this agreement.
Consignment. The Artist consigns to R Gallery and R Gallery accepts on consignment those Artworks that are listed on the Record of Consignment and are received by R Gallery. R Gallery shall document receipt of all works consigned hereunder by signing and returning to the Artist the Record of Consignment provided by the Artist to R Gallery in the form annexed to this Agreement as Appendix A. Additions to the initial Record of Consignment may be made from time to time and incorporated into this agreement if signed by both parties.
Warranty. The Artist hereby warrants that he/she/they created and possesses unencumbered title to the Artworks and that their descriptions are true and accurate.
Duration of Consignment. The Artist and R Gallery agree that the initial term of consignment for the Artworks is to be from the date the Artworks are delivered to R Gallery until December 31, 2020, unless otherwise provided herein or otherwise agreed to in writing. All works must be removed from R Gallery within 14 days after that date unless otherwise agreed. R Gallery is not responsible for loss or damage to any Artworks remaining at R Gallery more than 14 days after the end of the term of consignment. Any Artworks remaining at R Gallery more than 14 days after the term of consignment ends or more than 14 days after this agreement is otherwise terminated, will be deemed property of R Gallery and may be moved to offsite storage, donated, or sold, without notice to the Artist or proceeds from any such sale paid to the Artist.
Display. All Artworks submitted for display shall be display ready adhering to the policies of R Gallery. R Gallery maintains sole control over the display, placement, lighting and labeling of the Artwork under consignment. Artwork for hanging in the gallery shall be appropriate for R Gallery’s system of hanging to include wire or saw toothed hanger. All unframed matted Artworks shall be protected by a plastic sleeve to prevent soil and/or damage. All cards shall be in cellophane sleeves to prevent soil and/or damage.
Transportation Responsibilities. Arrangements for 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 R Gallery and in their return to the Artist shall be the responsibility of the Artist. If anyone other than the Artist is to pick up works of art, the Artist shall provide R Gallery a written authorization via email identifying the individual(s) authorized to pick up the works.
Value of Artworks; Pricing; Gallery’s commission; Payment of proceeds. The Artist shall specify the retail price of each Artwork in the Record of Consignment. For purposes of Colorado Revised Statutes § 6-15-102(4), the value of each original Artwork (e.g. painting, sculpture) shall be the retail price listed in the Record of Consignment minus the agreed upon gallery commission, and the value of each reproduction or reprint (e.g. digital photographic print or giclee) shall be the actual replacement cost of the work. R Gallery's commission shall be 50% of the final sale price of the artwork, unless otherwise agreed upon under membership or other agreement. Payment to the Artist of the Artist’s share of the sale proceeds (the sale price minus R Gallery’s commission) shall be mailed to the Artist via USPS to the address listed on this agreement by the 15th of the month following the month of sale.
Studio Sales to R Gallery patrons. If the Artist sells any artworks that are not Artworks consigned under this agreement directly to a purchaser through contacts established initially through R Gallery, R Gallery’s website or R Gallery’s social media marketing efforts, then R Gallery shall be entitled to a commission of 40% percent of the selling price.
Discount. The Artist authorizes R Gallery, in R Gallery’s discretion, to offer a discount of no more than 10% off of the retail price to a potential buyer in order to effectuate a sale.
Removal from Gallery. R Gallery shall not lend out, remove from the premises, or sell any of the Artworks on approval without first obtaining written permission from the Artist.
Promotion. R Gallery shall use its best efforts to promote the sale of the Artworks. R Gallery agrees to provide adequate display of the Artworks and to undertake other promotional activities on the Artist’s behalf. R 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.
Reproduction. The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. R Gallery assumes the right to use images of Artworks to publicize and promote the Artworks through social media, web page, print advertising and newsletters. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork, except when the design does not allow for individual credit such as when multiple images are created in a collage.
Termination of Agreement. Notwithstanding any other provision of this agreement, the agreement may be terminated at any time by either R 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.
Procedures for Modification. Amendments to this agreement must be signed by both Artist and R Gallery and attached to this agreement. Both parties must initial any deletions made on this form and any additional provisions written on to it.
Miscellany. This agreement represents the entire agreement between the Artist and R Gallery. If any part of this agreement is held to be illegal, void, or unenforceable in relation to any other part: in such case, the document shall be construed as if such invalid or unenforceable provision had not been included. 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.
Choice of Law. This agreement shall be governed by the law of the State of Colorado.
Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.