1412 E. 48TH STREET
SAVANNAH, GA 31404
STAGER: (Name, Person of Contact, Address, and Telephone number):
Hereby enter into the following Agreement:
1. Agency; Purposes. The Agency appoints The Stager as agent for the works of art ("the Artworks") leased under this Agreement, for the purposes of exhibition and/or sale. The Stager shall not permit the Artworks to be used for any other purposes without the written consent of the Agency. This agreement applies only to works leased under this Agreement and does not make The Stager a general agent for any other works.
2. Representation. The Agency hereby appoints The Stager as their representation to exhibit and/or sell and make available for view or acquisition to the public, the Artworks.
3. Leasing. The Agency hereby leases to The Stager, and The Stager accepts on lease, 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 lease of other works of art. All Inventory Sheets shall be signed by Agency and Stager.
4. Authority of Accepted Works. Works of art may be accepted for lease only by any person designated by either of them in writing as authorized to accept works of art hereunder. The Stager may reject artworks at the owner’s discretion upon delivery prior to signing of this agreement.
5. Warranty. The Agency hereby warrants that he/she possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.
6. Duration of Lease. The Agency and The Stager 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. The minimum duration for leasing of Artworks is 30 days. Thereafter, the lease shall continue until the full term is completed as stated below. The Agency may request the return of any or all of the Artworks or the Stager may request that the Agency take back any or all of the Artworks. Stager has the right to exchange leased Artworks for other available Artworks listed as available on the website. Agency must be notified of this exchange with a minimum notice of 3 business days. It is the discretion of the Agency as to the availability of Artworks for this purpose.
7. Transportation Responsibilities. Packing and delivery charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Agency to the Stager are the responsibility of the Agency. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks within the term of the lease to the Stager shall be the responsibility of the Stager.
8. Responsibility for Loss or Damage, Insurance Coverage. The Stager shall be responsible for the safekeeping of all leased Artworks while they are in its custody. The Stager 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 Stager if the Artworks had been sold. The Stager 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. Payment for lease term is to be made at the start of each 30 - day increment prior to delivery of Artworks to Stager at requested location. Form of payment is outlined below in this agreement. 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; title then passes directly to the Stager. 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. The Stager shall pay all amounts due the Agency before any proceeds of sales can be made available to creditors of The Stager. Said payments will be made through payment methods as outlined below.
10. Notice of Sale. The Stager shall give notice, by means of a clear and conspicuous sign in full public view that certain works of art are available for sale. Tags containing information for title, medium, and artist will be supplied by the Agency. It is the responsibility of The Stager to make final pricing information available.
11. Removal from staging site. The Stager shall not lend out or remove from the premises any of the Artworks, without first obtaining written permission from the Agency.
12. Pricing; Commission; Terms of Payment. The Stager may sell the Artworks at the retail price of their choosing and are responsible for the mark-up they wish to put on said Artworks. The Stager and the Agency agree that the Stager’s profit is to be based on said mark-up of Artworks. Amount due upon sale of said Artworks are outlined below. Payment to the Agency shall be made by the Stager within 3 days of the sale of said Artworks. The Stager assumes full risk and responsibility for the failure to pay for any sold Artworks.
13. Framing. If the Stager will be framing the Artwork, The Stager and the Artist agree that the Stagers expense will be factored into the mark-up price set by the Stager and full compensation for framing will be given to the Stager upon the sale of Artwork. Should the Artwork be returned to the Agency as outlined in this agreement, the Stager understands that they will not be compensated for cost of framing.
14. Promotion. The Stager agrees to provide adequate display of the Artworks. The Stager shall identify clearly all Artworks with the Artist's tag supplied by the Agency. This tag is to be included with the sale of each of the Artworks. In turn, the Agency will continue 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 contact information of Stager and staging location along with details and photos of said Artworks on 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 in the Stager’s exhibitions and other promotional activities undertaken on the Agency’s behalf.
15. Reproduction. The Stager will not permit any of the Artworks 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 Stager to the Agency within 3 business days of the sale of said Artworks, along with the payment due. The Agency shall have the right to inventory Artworks at staging location and to inspect any books and records pertaining to sales of the Artworks. It is the responsibility of the Stager to pay taxes on any profits due to sales of said Artworks.
17. Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Stager 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 Stager 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 Stager to the Agency.
18. Procedures for Modification. Amendments to this Agreement must be signed by both the Agency and the Stager 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 Stager. 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 Stager, 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: Stager
Initial: _______/Date: _______________________________
Consignment Agreement Artworks List
___ Title Medium Dimensions Price Term ____
Signature: _____________________________________________Date: __________________
Owner: _______________________________________________Date: __________________
Payment for sold Artworks will be made within 3 days of sale via (Circle and initial by desired form of payment):
Check via mail
1412 E. 48th Street
Savannah, GA 31404