ARTIST – AGENCY AGREEMENT
1412 E. 48TH STREET
SAVANNAH, GA 31404
ARTIST: (Name, Person of Contact, Address, and Telephone number):
BORROWER in this agreement refers to retailer, designer, gallery or other persons in possession of said Artworks as noted below.
Hereby enter into the following Agreement:
1. Agency; Purposes. The Artist appoints the Agent to market the works of art ("the Artworks") consigned under this Agreement, for the purposes of exhibition and sale. The Agency 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 give representation to the Agency for any other works.
2. Representation. The Artist hereby appoints the Agency as their representation to sell or otherwise make available for acquisition to the public, the Artworks.
3. Consignment. Upon request the Artist hereby consigns to the Agency, and the Agency 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 Agency and Artist.
4. Authority of Accepted Works. Works of art may be accepted for consignment or staging only by any person designated by either of them in writing as authorized to accept works of art hereunder. The Agency may reject artworks at their discretion upon pick-up or delivery prior to signing of this agreement.
5. Warranty. The Artist hereby warrants that he/she possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.
6. Duration of Consignment or Staging. The Agency and the Artist agree that the initial term of consignment for the Artworks is to be a term of 30, 60, or 90 days as stated in writing below, and that the Agency does not intend to request their return before the end of this term. Thereafter, consignment shall continue until the said term is completed.
7. Transportation Responsibilities. Packing and delivery of Artworks are to be discussed between Artist and Agency. In the event the Artist delivers said Artworks, he or she is responsible for handling expenses, and risk of loss or damage incurred in the delivery of Artworks. If Agency picks up said Artworks from Artist insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks are responsibility of the Agency. Insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery Agency to other parties are the responsibility of the Agency. Artist will be notified prior to change of location of said Artworks and prior to return of said Artworks to Artist.
8. Responsibility for Loss or Damage, Insurance Coverage. The Borrower shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. The Borrower shall be strictly liable to the Agency for their loss or damage (except for damage resulting from flaws inherent in the Artworks), to the full amount the Agency would have received from The Borrower if the Artworks had been sold. The Borrower shall provide the Agency with all relevant information about its insurance coverage for the Artworks if the Agency requests this information. Exceptions to this are at the discretion of the Agency.
9. Fiduciary Responsibilities. Title to each of the Artworks remains with the Agency until the Agency has been paid the full amount owing him or her for the Artworks. At time of purchase title then passes directly to the Borrower upon payment. All proceeds from the sale of the Artworks shall be held in trust for the Agency and paid to the Agency within 3 business days of said sale. Once payment has cleared the Artist will be paid the value of said Artworks as outlined below within 5 business days.
10. Notice of Sale. The Agency shall give notice to the Artist within 5 business days of a sale. Tags containing information for title, medium, and artist will be supplied by the Agency.
11. Marketing. Artist shall not market or sell said Artworks during the consignment term as outlined in this document.
12. Pricing; Commission; Terms of Payment. The Artist will set the price of Artwork to the Agency. This is the amount that the Artist will be paid upon the sale of said Artworks. Agency reserves the right to apply a percentage of his or her choosing to the price set by Artist. Once in possession of the Borrower, he or she reserves the right to apply a mark-up price. Any profit above and beyond the Artist set price of said Artworks will not be returned to Artist. The Artist will be paid said price of Artworks as outlined below within 5 business days of cleared payment.
13. Framing. The Agency reserves the right to allow framing of said Artworks. The cost of such framing will not be the responsibility of the Agency or Artist, nor shall Artist be compensated for such framing. All works on paper are to be mounted to a significant substrate and protective cover.
14. Promotion. The Agency reserves the right to market said Artworks via the website, social media, and word of mouth as the Agency sees fit. The Agency will note the name and location of all commissioned Artworks via the Agency website. The Agency shall agree in advance, and in writing, on the division of artistic control and of financial responsibility for expenses incurred for exhibitions and other promotional activities undertaken on the Agency’s behalf.
15. Reproduction. Artworks are not to be copied, photographed or reproduced without the written permission of the Agency.
16. Accounting. A statement of accounts for all sales of the Artworks shall be furnished by the Agency to the Artist within 5 business days of cleared payment to the Agency from the Borrower. The Agency shall have the right to inventory Artworks location and to inspect any books and records pertaining to sales of the Artworks. It is the Artists responsibility to pay taxes due on any profits incurred by said Artworks.
17. Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Agency or the Artist, by giving a thirty (30) day written notification of termination from either party to the other. In the event of the death of the Artist or Agency, either 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 Agency to the Artist.
18. Procedures for Modification. Amendments to this Agreement must be signed by both the Agency and the Artist and attached to this Agreement. Both parties must initial any deletions made on this form and any additional provisions written onto it.
19. Miscellany. This Agreement represents the entire agreement between the Agency and the Artist. 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 Artist, whether by operation of law or otherwise, without the prior written consent of the Agency. 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.
20. Choice of Law. This Agreement shall be governed by the law of the State of Georgia.
Length of Contract
From: __________________________To: _________________________
Consented and agreed to: Agency
Initial: _______/Date: _______________________________
Consented and agreed to: Artist
Initial: _______/Date: _______________________________
Consignment Agreement Artworks List
Title Dimensions Medium Price Term/Stage y or n
Signature: _____________________________________________Date: __________________
Owner: _______________________________________________Date: __________________
Payment to the Artist for sold Artworks will be made within 5 days of cleared payment from Borrower. (Artist must circle and initial by desired form of payment):
Check via mail
1412 E. 48th Street
Savannah, GA 31404