Anno Artem Gallery
Artist Agreement
Agency Purposes: The Artist appoints Anno Artem as agent for the works of art (“the Artworks”) consigned under this Agreement, for the purposes of exhibition and sale. Anno Artem shall not permit the Artworks to be used for any other purposes without the written consent of the Artist.
Consignment: The Artist consigns to Anno Artem, and Anno Artem accepts on consignment, those Artworks listed on the attached Inventory Sheet, which is 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. The Artist agrees that he/she will not market, on a more permanent basis, Artworks similar to those on consignment under this Agreement in other galleries within a ten (10) mile radius of Anno Artem without first giving notice to Anno Artem. Anno Artem also reserves the right to reject any pieces that do not meet our standards. Reasons for rejection would be appropriateness to theme of show and/or improper framing. All artwork, including three-dimensional artwork, must be free of any defects. This includes no chipped or cracked frames, all mats must be clean and free of any marks, mats must be cleanly cut with minimal over cuts and no jagged edges, liners must be clean and free of dust and dirt, and all pieces under glass must have a dust cover on back. Pictures must securely wired with picture wire. NO SAWTOOTH HANGERS. At drop off artist must present a completed inventory sheet with the commission included in pricing, and all artwork submitted must be labeled on the back with artist name and title of piece. All artwork submitted to Gallery for exhibit must be for sale unless arrangements have been made prior to show between artist and gallery. Please note that arrangements must be made prior to drop off and not at drop off.
Warranty: The Artist hereby warrants that he/she created and possesses unencumbered title to the Artwork. The Artist shall provide Anno Artem, when necessary, with a warranty concerning all multiple Artworks, detailing the total number of copies in the edition, number of artist’s and printer’s proofs, restrikes, and other relevant information.
Duration: The Artist and Anno Artem agree that the term of consignment for the Artworks is to be determined by length of show, and that the Artist does not intend to request their return before the end of the term. Thereafter, consignment shall continue until either the Artist or Anno Artem requests, the return of any or all of the Artworks with which request the other party shall comply within fifteen (15) days. Artworks left at Anno Artem fifteen (15) days past the end of the agreement shall be subject to a $20 per week storage fee. After thirty (30) days, the Artworks become the property of Anno Artem. PLEASE NOTE THIS TERM. In the event of the Artist’s death, the estate of the Artist shall have the right to terminate the Agreement.
Transportation: If shipping artwork, packing and shipping charges, to and from Anno Artem, insurance costs, other handling expenses, and the risk of loss or damage incurred in the delivery of Artworks to Anno Artem shall be the responsibility of the Artist. This can be accomplished by purchasing a PREPAID, RETURN SHIPPING LABEL from your carrier (such as UPS, FedEx, etc.). Do not use the United States Post Office. Often, return shipping costs differ slightly from the original cost due to variations in shipping routes. Please advise your carrier what week the artwork will be returning to you. Please use sturdy, reusable packing material.
Loss or Damage: Anno Artem shall be responsible for the safekeeping of all consigned Artworks while they are in its custody for the assigned period of time. Once Anno Artem has requested the pickup of artwork the Artist has 15 days to comply. If Artist does not comply Anno Artem is no longer responsible for the safekeeping or condition of artwork.
Fiduciary Responsibilities: Title to each of the Artworks remains with the Artist until the Artist has been paid the full amount owing him or her for the Artworks; title then passes directly to the purchaser. All proceeds from the sale of the Artworks shall be held in trust for the Artist.
Removal from Gallery: Anno Artem shall not lend out, remove from the premises, or sell on approval any of the Artworks, without first obtaining written permission from the Artist.
Pricing: Anno Artem shall sell the Artworks only at the Retail Price specified on the Inventory Sheet. Anno Artem and the Artist agree that Anno Artem’s commission is to be 30% of the Retail Price of the Artwork. The Artist and Anno Artem must agree to any change in the Retail Price, or in Anno Artem’s commission, in advance. Anno Artem shall be entitled to a commission of 30% on Artworks sold directly by the Artist to a purchaser, when these sales were made through contacts established initially through Anno Artem. Anno Artem shall also be entitled to 25% of any commission job that was procured through Anno Artem. The Artist shall pay any such fees to Anno Artem within 90 days of the date of final payment for the sale. The Artist agrees to sell his/her Artworks on a consistent pricing structure regardless of location or method of the sale.
Promotion: Anno Artem shall use its best efforts to promote the sale of the Artworks. Anno Artem agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Artist’s behalf. Anno Artem shall identify clearly all Artworks with the Artist’s name, and the Artist’s name shall be included on the bill of sale of each of the Artworks. Anno Artem will display the Artworks at its own discretion. Anno Artem shall accept financial responsibility for expenses incurred in Anno Artem’s exhibitions, except for those promotions specifically requested by the Artist, and will maintain artistic control over the promotional activities. Neither Anno Artem nor the Artist shall be entitled to reimbursement from the other for any expenses incurred by either party without the prior approval of the other.
Reproduction: The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. Anno Artem may arrange to have the Artworks photographed to publicize and promote the Artworks. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork. Anno Artem shall include on each bill of sale of any Artwork the following legend: “Reproduction Rights Reserved by Artist”.
Accounting: Anno Artem shall make Payment to the Artist no less than 30 days and no more than 60 days after the date of sale of any of the Artworks. If the amount due to the artist is less than $20, Anno Artem reserves the right to hold the payment until the amount due to the artist is more than $20, or until 6 months from the sale date.
Procedures for Modification: Amendments (deletions or additions) to this Agreement must be signed by both Artist and Gallery and attached to this Agreement.
Miscellany: This Agreement represents the entire agreement between the Artist and Anno Artem. 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 thereof. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of Anno Artem, whether by operation of law or otherwise, without the prior written consent of the Artist.
Choice of Law: The law of the State of Pennsylvania shall govern this Agreement.
Anno Artem Gallery Artist Agreement
My signature on this page states that I have read the above contract and agree to all the terms.
Name Of Exhibition: ____________________________________________________________
Artist Signature:
_____________________________________________________________________
Printed Name:
_______________________________________________________________________
Date: _________________________________________________________________________
Mailing Address: _______________________________________________________________
City, State, Zip: ________________________________________________________________
Phone: ________________________________________________________________________
Email: _________________________________________________________________________
□ I have also enclosed a copy of my W9.