This Blog started out as a request for help with a contract:

““Hey I was wondering if anyone currently has a good consignment contract they are using or can reccomend? If so maybe you could post it or e-mail me with it? I am looking for one more fashioned for a retailer rather than a gallery” – Carrie Glenn

There was little to no response…and after seeing this blog followed by many but with no comments I realized there must be quite a few people who are also looking for help in this area.

So I did my own research and wrote / customized an existing contract of my own for a retail sales situation.

There are now two contracts posted here for your use. Just change the pertinent details to fit your needs. Remember this is just a boiler plate contract and a contract is only as good as your relationship with your seller.

Feel free to post any current consignment contracts you are using to help others.

Enjoy these and hopefully they help!

“Hope this helps… here’s what they used for my gallery showing…” – Artist George Lenz

MAIN GALLERY EXHIBITING ARTIST AGREEMENT

NAME _______
ADDRESS _______
PHONE ____CELL: ___
EMAIL ________

Exhibiting artist understands that artwork will be on exhibit for approximately 60 days, and that sales of artwork will be subject to a 45% consignment fee to Art on Boston Gallery. Art on Boston will mail commission checks the first week of the next month following each month of sales.
Art on Boston’s property, liability, fire and theft insurance coverage will extend to all property within designated exhibit spaces.
While Art on Boston does not request representational exclusivity for artists, if you have the opportunity to show at other venues in Chandler, including at other Chandler businesses or galleries, we would request that you exhibit a different “line” of artwork that is separate and distinct from what you have in Art on Boston.
We request that any sales from artwork displayed at Art on Boston within 30 days after an exhibit be subject to the same commission structure. A referral fee would be appreciated for any sales or commissions that result from Art on Boston referring clients to you.
WORKS SUBMITTED ACCEPTED RETURNED

1. Title of work, medium __________
Size dimensions _ Height X _ Width
Your price $__Retail price with consignment $__
Do you accept commissions for your work? Y or N

2. Title of work, medium __________
Size dimensions _ Height X __ Width
Your price $___Retail price with consignment $__
Do you accept commissions for your work? Y or N

3. Title of work, medium __________
Size dimensions _ Height X _ Width
Your price $__Retail price with consignment $__
Do you accept commissions for your work? Y or N

4. Title of work, medium __________
Size dimensions _ Height X __ Width
Your price $___Retail price with consignment $__
Do you accept commissions for your work? Y or N

“That is definitely a start…thanks George!!!” – Carrie Glenn

Here’s one of the contracts I used for a boutique sales relationship

ARTIST-RETAILER CONSIGNMENT AGREEMENT

ARTIST: Carrie Glenn (Carrie Glenn Studios) Ph:
and
THE RETAILER: Ph:

Hereby enter into the following Agreement:

1. Agency; Purposes. The Artist appoints The Retailer as agent for the works of art (“the Artworks”) consigned under this Agreement, for the purposes of exhibition and sale. The Retailer 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 Retailer a general agent for any other works.

2. Consignment. The Artist hereby consigns to The Retailer, and The Retailer 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. Artist and Retailer shall sign all Inventory Sheets.

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 Retailer 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 Retailer agree that the initial term of consignment for the Artworks is to be 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 Retailer requests that the Artist take back any or all of the Artworks with which request the other party shall comply within 30 days.

6. 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 Retailer are the responsibility of the Artist. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from The Retailer to the Artist, shall be the responsibility of The Retailer.

7. Responsibility for Loss or Damage, Insurance Coverage. The Retailer shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. The Retailer 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 Retailer if the Artworks had been sold. The Retailer shall provide the Artist with all relevant information about its insurance coverage for the Artworks if the Artist requests this information.

8. 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 Retailer shall pay all amounts due the Artist before any proceeds of sales can be made available to creditors of The Retailer.

9. Notice of Consignment. The Retailer 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.

10. Removal from Retailer. The Retailer shall not lend out, remove from the premises, or sell on approval any of the Artworks, without first obtaining written permission from the Artist.

11. Pricing; Retailer’s Commission; Terms of Payment. The Retailer shall sell the Artworks only at the Retail Price specified on the Inventory Sheet. The Retailer and the Artist agree that the Retailer’s commission is to be 35 percent of the Retail Price of the Artwork. Any change in the Retail Price, or in the Retailer’s commission, must be agreed to in advance by the Artist and the Retailer. Payment to the Artist shall be made by the Retailer on the 15th of every month, and will include all commissions due for any/all artworks sold. The Retailer assumes full risk for the failure to pay on the part of any purchaser to whom it has sold an Artwork.

12. Promotion. The Retailer shall use its best efforts to promote the sale of the Artworks. The Retailer agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Artist’s behalf. The Retailer 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 Retailer and the Artist shall agree in advance on the division of artistic control and of financial responsibility for expenses incurred in The Retailer’s exhibitions and other promotional activities undertaken on the Artist’s behalf.

13. Reproduction. The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. The Retailer will not permit any of the Artworks to be copied, photographed or reproduced without the written permission of the Artist. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork. The Retailer shall include on each bill of sale of any Artwork the following legend: “All rights to reproduction of the work(s) of art identified herein are retained by the Artist: Carrie Glenn.”

14. Accounting. A statement of accounts for all sales of the Artworks shall be furnished by The Retailer to the Artist on the 15th of each month, with the payment of all commissions due. The Artist shall have the right to inventory his or her Artworks in the Store and to inspect any books and records pertaining to sales of the Artworks.

15. Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Retailer or the Artist, by giving a sixty (60) day 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 thirty days of the notification of termination, all accounts shall be settled and all unsold Artworks shall be returned by The Retailer.

16. Procedures for Modification. Amendments to this Agreement must be signed by both Artist and Retailer 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 Retailer. 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 Retailer, 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 remedy.

18. Choice of Law. This Agreement shall be governed by the law of the State of Oregon.

Sincerely, _________(Artist)

Sincerely, _________

Length of Contract

From____To_____

Consented and agreed to: Artist

Date______

Consented and agreed to: The Retailer

Date______

Consignment Agreement Artworks List

Title Medium Dimensions Retail Price Retailer Commission
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Artists Signiture_________Date________

Store Owner_________Date______

A friend and fellow respected and professional artist, Carson Collins, had this to say:

“Be aware that a ‘boilerplate’ consignment contract is only as good as the person who signs it.”

“If the gallery sells (or undersells) your work, or damages it, or fails to forward it to the next gallery when asked, you are going to have to sue them. If you have a contract, you are almost guaranteed to win a judgment.”

“Now, here’s the bad news: collecting the judgment is your responsibility. And good luck with that.”

“This is especially difficult if the offending gallery is in a distant location, and it’s practically impossible if they’re in a foreign country. The travel and legal expenses involved are very likely to be equal to, or greater than, the sum that you are owed.”

“Believe me; I speak from personal experience. I’ve been burned twice, once by Kevin Kelley of LA, CA and once by Paola Trevisan of Ferrara, Italy.”

“Much more important than the contract is to learn about the character of the person signing it. One good way to find out about this is to ask for contact information for at least half-a-dozen artists that the gallery already represents, and ask them how they’ve been treated.”

“Another thing: 90% of all new galleries fail within the first 2 years – usually due to under-capitalization. Insist on being paid promptly, because if you don’t get paid before the gallery goes belly-up, you’re never going to get paid at all.”

“Good luck!”
Artist Carson Collins

“Excellent advice Carson and thank you for sharing your wisdom with us on the subject. I agree with what you said and it would be wise for any artist to do their homework so to speak before entering into a business relationship.” – Carrie Glenn

“The contract I posted above is fashioned for selling artwork in boutique / retail stores.”
“I actually prefer showing / selling my work in retail stores, boutiques etc., VS. galleries but either way I  definitely encourage only entering into relationships with owners that you have a good solid connection with.” – Carrie Glenn