Hi Cary,

Here are a few appropriate clauses from a much more comprehensive and detailed artist / gallery contract – the best I’ve run across in the 20+ years I spent as an artist and artists’ rep.

Because this is with a café for just a few pieces of artwork, you may want to rewrite it as a simple “letter of agreement” that covers the main points, without seeming too legalistic.  I’m not a lawyer and if you have doubts about this you may want to consult one. 

The café has made a generous offer to give you all of the proceeds from any sale, you may want to reword the Pricing and Terms to something like:  Artist receives 100% of any sale.

I’ve done a podcast and PDF printout of the full sample artist / gallery contract – much too long to post here.

Hope this helps,

Dick Harrison

www.salestipsforartists.com

CONSIGNMENT CONTRACT

Agreement made this _________ day of the month of __________ 200__ by and

between ________________________ (artist) located

at_____________________________________

__________________________________ and

______________________________________ (gallery) located at

____________________________________________________________.

Recitals

Gallery exhibits and sells artwork; artist has created and owns the artwork listed in the List of

Inventory (the “Artwork”) and desires to exhibit and sell the same; Therefore, the parties agree as

follows:

Consignment of Inventory. Gallery accepts on consignment, the artworks listed on the List

of Inventory attached to this agreement. Additional lists may be incorporated into this agreement

if signed by both parties.

Pricing and Terms of Payment. The gallery shall sell the artworks only at the retail price

specified on the List of Inventory. The gallery and the artist agree that the gallery's commission

is to be _____ percent of the retail price of the artwork. Both parties must agree to any change

to the retail price or the gallery’s commission in advance.

Payment.

The gallery shall pay the artist all proceeds due the artist within thirty days of sale of

any artwork.

Fiduciary Responsibilities. Title to each of the artworks shall remain in the artist’s name

until the artist has been paid in full. Upon payment, title then passes to the purchaser. All

proceeds from the sale of the artworks shall be held in trust for the artist until the artist is fully

paid. The gallery shall pay all amounts due to the artist before any proceeds of sales can be

made available to any and all creditors of the gallery.

Loss or Damage. The gallery shall be strictly liable for loss or damage to any consigned

artwork from the date of delivery to the gallery until the artwork is returned to the artist or

delivered to a purchaser. In the event of loss or damage that cannot be restored, the artist shall

receive the same amount as if the artwork had been sold at the retail price.

Insurance. The gallery shall insure the artwork for its full wholesale price. In the event an

insurance claim is made, the gallery shall pay all deductibles.

Promotion. The gallery shall use its best efforts to promote, display and sell artworks. The

gallery shall clearly identify the artist’s name with all artworks and shall include the artist’s name

on the bill of sale for any artwork sold by the gallery.

Security Interest. Title to and a security interest in any artworks consigned or proceeds of

sale under this agreement are reserved to the artist. The artworks shall not be subject to claims

by the gallery's creditors. The gallery acknowledges that it has no right to and shall not

pledge or encumber any artworks in its possession nor incur any charge or obligation for which

the artist may be liable.

Duration and Termination of Consignment. The artist and the gallery agree that the

initial term of consignment for the artwork shall continue until _________, 200__, and that the

artist will not ask for return of the artwork prior to this date unless the agreement is breached by

the gallery.

Miscellany. All modifications, deletions or additions to this agreement must be in writing

and signed by both parties. This agreement constitutes the entire understanding between the

parties hereto.

IN WITNESS WHEREOF, the parties hereto have signed this agreement as of the date below.

Artist: __________________________________________(print)

Company Name (if any):

Authorized Signature

___________________________________________________________

Title _______________________

Date_______________________

Gallery: ________________________________________(print)

Authorized Signature

__________________________________________________________

Title _______________________