An artist-gallery contract, agreement, relationship or agreement should normally include or at least take into account the following factors. Remember that the following list is not exhaustive… 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. Standard agreement of the Australian Law Centre. 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. How and when are you paid? Within thirty days, if the gallery is paid for a sale, be fully paid, is in most cases appropriate and standard. Getting payment deadlines and procedures out of a discussion or agreement is never a good idea. How are prices determined? In most cases, discuss, agree and set retail prices in advance. Here it is generally recommended to leave the gallery at the top. They know their customers and who usually buys something for how much. This arrangement model for the Artist/Gallery Agency can be used when an artist wishes to establish a long-term relationship with a gallery where the gallery acts as an agent for the exhibition, sale or promotion of the artist`s work of art. The artist must determine the extent to which the gallery will act on his behalf.
Thank you for your opinion, Stephen. I`m glad you 200, 000 got lucky with your galleries. The advice that I think we should draw from your comment is to ensure that there is trust between the artist and the gallery. That`s a good point. No matter how long you showed up with the galleries or whether they use contracts or not. I`m sure there are success stories and horror stories in both directions. My point with this article is simply to encourage artists to think about concepts that are important to them, so that both parties can discuss and form a mutual agreement. Thank you for your insight, David.
I was also “stiff” by a gallery in New Mexico, but I was finally able to get the money they owed me. You are right that a treaty may not provide adequate protection per se without other resources. But it at least prompts both sides to discuss things upstream. Does the gallery have the option of reducing a sale price if a potential buyer makes an offer? If so, what percentage of this price can be reduced? In most cases, the flexibility of 10 to 20% in negotiating a retail price is appropriate. Determining this in advance is always better than asking the gallery to contact you during price interviews and perhaps compromise a sale (provided you are even there to answer the phone or text). Art is often a boost and we do not want to interrupt the negotiations. This example of agreement describes what is needed when an artist wishes to establish a long-term relationship with a gallery where the gallery acts as an agent.