Agreement for Artist & Neutra Museum Gallery
• AGREEMENT made as of d, 2017, between X (hereinafter referred to as the “Artist”), and THE NEUTRA INSTITUTE MUSEUM OF SILVER LAKE (hereinafter referred to as the “Gallery”), located at 2379 Glendale Blvd. L.A. 90039, with respect to artistic presentation as stated in this agreement
I.SCOPE OF THE GALLERY SERVICES
• The Artist appoints Gallery to act as the artist’s nonexclusive agent in the Silver Lake area for an exhibition and sales of artworks for the following dates: Y, to Z, 2017.
• The Gallery shall, if desired by artist, document receipt of works consigned hereunder by signing and returning to the Artist a Record of Consignment in the form annexed to this contract, see Appendix A.
II.TERMS AND TERMINATION
• This agreement shall last for the term specified above, and any aftermath of sales which can be attributed to the showing at the gallery.
• This agreement may be terminated by either party giving 10 days written notice to the other party. If artist cancels within 30 days of his opening date; he owes Gallery the balance of his guarantee.
• At termination, artworks consigned shall immediately be retrieved by the Artist (or estate) at the expense of the Artist.
III. EXHIBITION AT GALLERY
• It is agreed that the artist is responsible for all exhibition expenses, and other Gallery expenses such as transportation of the Artwork including insurance and packing, advertising, catalogs, announcements, framing, installation/dismounting labor and requirements, reception costs, shipments to buyers, repair and if necessary, repainting of walls, transportation of the work back to the Artist at the end of the exhibition. Being non-profit, the Gallery can not pay for attendants to hold open regularly. Artist will be issued a key to arrange for openings for prospects at their convenience.
• Artist retains ownership of frames, photographs, negatives and any other tangible property after the exhibition:
• The Artist has artistic control over the exhibition and the artwork:
• No shared expenses may be incurred by either party absent prior written consent of the other party.
Gallery agrees to publicize this exhibition and any receptions planned for it, to the extent possible using its patron lists and resources, including distribution of any promotional flyer suitably provided by artist. Flyer shall identify Dion Neutra as co-curator of this exhibit.
Initials: P. 1 ______
.
IV. COMMSIONS, PRICES, AND PAYMENTS • Commission percentage of the retail price of each work displayed by The Gallery after the sale of such work: 50%.
• Gallery agrees to the sale of the Artist’s works at retail prices shown on the Record of Consignment, or in any document prepared by artist for use by viewers of the exhibition..
• The Artist and Gallery together shall be responsible to keep a record of sales, (including those from a website, or by referral, that result from this showing) and at the end of the period submit an accounting, per Appendix B. The Gallery shall receive 50% of the amount of any such sale, with a guarantee of $500 for the period, half down, due upon signing (non-refundable), with a final accounting within 10 days after the close of the show, and again, if within 90 days of close, whenever the last sale occurs.
V. ACCOUNTING AND INSPECTION OF BOOKS
• For each sale of The Artist’s work, the Artist shall list the date of sale, the sale price, and the amounts due the Gallery. State the location within the gallery, of any works consigned to the Gallery that have not been sold.
• The Parties shall maintain accurate books and documentation with respect to all transactions entered into for the Artist, following Appendix B as sample.
VI. INSURANCE, LOSS, OR DAMAGE
• In the event wine or alcohol is to be served, a surcharge of $100 per occasion, shall be pre-paid separately to Dion Neutra who will in turn cover this extra exposure, by the Institute’s insurance policy. This does not apply if non-alcoholic beverages are served.
• The Artist shall assume liability and/or insure the work for what he deems a suitable value for his works as shown in the Record of Consignment. In addition, because of a requirement of the building insurance, remit a surcharge of $100 per evening, if wine is to be served. Make out to Dion Neutra.
• In the event of damage that cannot be restored, the Artist shall recover from his insurance policy.
• By way of info, please select one of the following options and initial after:
1. Self insure: 2. Third Party insure:
If the latter please share info by copy of policy or certificate naming gallery as additional insured.
VII. COPYRIGHT AND SECURITY INTEREST • The Gallery shall take all steps necessary to ensure that the Artist’s copyright of the consigned works is protected, including but not limited to requesting copyright notices on all reproductions of the works used for any purpose whatsoever.
• Responsibility for photographing the work in place, lies with the artist, who gets originals and the right to use. Copies and gallery photo copyright will reside with Gallery/Institute. Please submit on a flash drive upon dismount of the show.
• Title to, and a security interest in any works consigned or proceeds of sale under this Agreement are reserved to the Artist.
• The Gallery agrees not to pledge or encumber any works in its possession, and not to incur any charge or obligation in connection herewith for which the Artist may be liable, without first clearing same with Artist.
Initials: p.2 ______
VIII. MODIFICATION; GOVERNING LAW
• Artist shall consult with his advisors prior to signing here. All modifications of this Agreement must be in writing and signed by both parties. This Agreement constitutes the entire understanding between the parties hereto.
• This Agreement shall be governed by the laws of the State of California.
Signatures; in agreement, herewith:
Signed by ______(X The Artist)
______
[address(s), phone no. e contact]
and ______Dion Neutra (for The Gallery)
Consider attached the following as Appendices A & B: (submit asap)
APPENDIX A: RECORD OF CONSIGMENT
A detailed list of the displayed works of art on consignment shall be created, and a copy delivered on or before the opening. It is suggested that it be prepared in the form of a 1-2 page hand-out that can be carried by patrons around while viewing the gallery. Such a price list is required in case of any insurance issues. Optionally, small notes with this info, may be wall mounted next to the pieces to further facilitate viewers who may just casually be viewing.
(record following the format entered below)
Item No. Title Medium Description Retail Price
APPENDIX B: STATEMENT OF ACCOUNT
(Follow this format in preparing the final accounting)
Date: Accounting for the period of ______to ______. The following works were sold during this period: (Include)
• Title • Date Sold • • Sale Price
• Gallery Commission • Payment retained by the Artist
The total due you of $______is enclosed with this Statement of Account.
The following works (if any) remain on consignment with the Gallery:
10-4 Sample Contract with Gallery