Even in the best relationships of trust and a good working relationship, there is no substitute for a contract. In order to minimize potential conflicts and hopefully avoid them, the rights and obligations of the artist and the gallery should be clearly included in a contract. Don`t rely on assumptions and memories of verbal conversations. A good contract, such as the consignment contract developed by the Professional Guidelines Committee, is fair to both parties. It is in the interest of both parties to discuss all of the issues that have been presented here. The contract describes the responsibilities and rights of the gallery and the artist. 17. Others. Any amendment, cancellation or addition of this Agreement must be written down and signed by both parties. This agreement is the whole agreement between the parties.
11. Commission. If the artist sells works of art directly to a buyer through contacts initially made by the gallery, the gallery is entitled to a commission of %of the sale price. If the gallery agency is exclusive, the gallery receives a commission of one percent of the sale price of each sale of art studios by the artist who enters the scope of the gallery`s exclusivity. 4. Discounts. A gallery may decide to reduce the sale price under certain conditions, as stated in your contract. This practice is offered in the form of discounts. Artists or galleries can also vote on a “no-discount” directive. Offering a discount raises two immediate questions. First of all, who takes the discount? Secondly, if the responsibility for the discount is to be shared between the gallery and the artist, how much should the artist wear? In the consignment agreement, the Committee provides two options for managing rebates.
It is proposed to discuss this issue with the gallery. For more information, see the discount document for professional guidelines. 15. Interest in safety. The property and security interest of the works of art or proceeds of sale shipped under this agreement are reserved for the artist. The works of art are not covered by the claims of the gallery`s creditors. The gallery undertakes to execute and provide the artist, in the form desired by the artist, with a financial statement and other documents that the artist may require to enhance his interest in the safety of works of art. In the case of the purchase of works of art by a party other than the gallery, the title passes directly from the artist to the buying company. If a work of art is purchased by the gallery, the title will only be transferred to the artist if all the sums due are paid in full.
The Gallery recognizes that it has no right and that it may mortgage or incriminate the works of art in its possession and that it still creates a tax or obligation for which the artist may be held responsible. The percentage of the show between a gallery and an artist is always negotiable, although the arrangement is most often 50% artist/50% gallery or 40% artist/ 60% gallery. The Professional Guidelines Committee advises against agreements in which the artist pays more than 50% commission on the sale price to the gallery.