09 Dec Gallery Agreement
The California Consignment of Fine Art Act, Civil Code Section 1738 and. seq., provides that a gallery owner is a “constructive agent” of art placed with them for mail order. As agents, they are full of loss or damage and must pay the artist`s share in the proceeds of the sale to the artist before he pays himself. A breach of a gallerist`s agreement is not replaceable in the event of bankruptcy, as it constitutes a “violation of trust”. Possible defences by a gallery owner prosecuted for lost art could be that the artist gave the art to a company or other commercial entity and not to the owner himself, that the art was loaned to another gallery or to a broker who is now responsible, that the artist agreed to give the art to the owner as a form of “bonus” for other sales, or that advertising or other expenses were partly under the responsibility of the artist. Make sure that a written agreement covers these issues. Duration of agreement: if the parties can terminate the agreement. (Usually by one of the parties that cancel the other 30 days in writing or 90 days after a one-on-one exhibition in the gallery premises.) Exhibitions: how many will be organized by the gallery for the artist each year, what genre (solo/group/mixed) and for how long; Whether the gallery can exhibit works other than those on the gallery`s premises; whether the artist can exhibit and/or sell works other than shipping work in another gallery. (Many artists promise to show their works in other galleries, often working in a medium other than the merchant. Serious problems can and can arise when the trader discovers the arrangement and simply opposes it or asks for his commission for the sale. Many non-commercial galleries – “public” galleries are not aware that artists who want to show them have a “gallery-deal” and can unknowingly make embarrassing “double deals” often with established artists.) what are the financial rules for exhibitions. (Many artists were surprised that the exhibition fees were charged against the sale.) Sending: which works are part of the contract and are therefore shipped to the gallery for exhibition and sale. (There are basically two types of work: some existing works that should be listed; all or a selection of future works.) Over the past few months, this topic has discussed the four basic business transactions that most artists perform: sales, commissions, exhibitions and shipments to agents for sale.
A fifth deal is often made by some artists with galleries who agree to act as manager/agent to promote the artist by publishing, exhibiting, selling and generally “dealing” in the artist`s works. It is often said that the gallery has “taken over” the artist, who has therefore joined “the stable” of other artists promoted by this gallery. A 30% commission is charged for all larkin Arts gallery sales. The payment of the sale of works of art is available to the artist when the show is picked up at reception or shipped within 10 days of the end of the exhibition. The artist undertakes not to make secondary offers outside the gallery for work at the Larkin exhibition. While the work is suspended, all sales during this time must go through Larkin Arts. If the works are sold within a year of the show, but the artist can reasonably see that the work was originally seen at Larkin Arts or because of advertising for the show at Larkin Arts, the artist agrees to pay a 30% commission to Larkin Arts. I reply that a written contract, executed as a reminder and agreement, and the details of that agreement must be available. People should not be wary of a document that has been developed with respect and in a spirit of protection on both sides. A written agreement does not mean that the parties do not trust each other. On the contrary, they are usually written out of respect for the relationship.