Sunday, December 26, 2010

Sample Representation Contract Clauses


Sample contract clauses:

1. The artist agrees to provide the dealer with the quantity of artwork agreed to in their discussions. The work will be framed and in good condition; an artist’s statement will be provided as well as a full professional resume.

2. The artist guarantees that the artwork(s) provided to the dealer are the original creations of the artist; the artist hold all rights and copyrights attached to each artwork listed in Appendix A of this agreement; all descriptions and information provided about the artist and the artwork(s) are true and accurate. The artist agrees is responsible for any and all costs and expenses (including reasonable attorney’s fees) involved with any claims made that the artwork(s) is not an original creation of the artist or infringes upon a third-party’s copyright.

3. The artist retains all rights to the reproduction of the artwork(s). However, the artist permits reproduction of the following piece(s) for publicity purposes involved with the exhibition and sale of consigned artwork.
__________________________________________
__________________________________________
__________________________________________

4. The artist agrees to be a partner to the dealer in planning and executing advertising, merchandising and publicity involved with the exhibition and sale of the artist’s work.

5. The artist assumes all costs involved with packing, shipping and insurance, liability and all other handling expenses incurred in the delivery of the artwork(s) to the dealer.

6. The dealer accepts the consignment inventory listed in Appendix A of this agreement.

7. Any additional artworks by the artist placed on consignment with the dealer will be covered by the terms of this agreement and listed on a separate appendix bearing the signatures of all signatories to this agreement.

8. The dealer may display, distribute, exhibit and sell the artist’s work(s) of art but the artwork(s) shall not use the artwork for any other purpose without express consent in writing by the artist.

9. The artwork consigned for exhibition and sales will be numbered, signed described and priced at wholesale prices (based on your price rationale). The artworks covered by this contract are attached as Schedule A of this agreement.

10. The wholesale price of each artwork listed in Appendix A will be paid to the artist within 30 days of its sale.

11. The signatories to this agreement agree to meet and discuss their agreement in 60 days. If either party wishes to terminate the agreement at the meeting, all art shall be returned to the artist at the dealers expense (or held for pickup by the artist) and full payment for any sales will be made within 10 working days.

12. If both parties wish to maintain the agreement after the 60-day review, this agreement shall bind the parties for one year from the date this contract is signed.

13. The parties to this agreement will discuss renewal or an extension 30 days before this agreement is to expire.

14. Either party to this agreement can terminate their involvement by providing all other parties to the agreement with written notice to terminate the agreement giving 30 days notice. If the agreement is terminated, all art shall be returned to the artist at the dealers expense (or held for pickup by the artist) and full payment for any sales will be made within 10 working days.

15. The dealer agrees to work to the best of his/her ability to sell as many of the artworks by the artist as is possible.

16. The dealer agrees to pay all promotion, advertising and exhibition costs. In the case of “third party” exhibitions, the artist and dealer will work to terms set out in a written agreement they shall undertake.

17. The dealer agrees to properly label and identify all exhibited artwork with the artist’s name, the work’s title, media used and any related information deemed appropriate by the artist or dealer.

18. It is the dealer’s decision how many and how artworks will be displayed in the sale/exhibition space.

19. The dealer is responsible for all packing, shipping, insurance, liability and handling expenses involved with returning artwork to the artist, to buyers of the work and/or to any other sale/exhibition spaces negotiated by the dealer as agreed to by the artist.

20. The dealer is permitted to allow potential buyers to have possession of an artwork for 10 days on a sale-on-approval basis provided that the artist is informed in writing.

21. The dealer agrees to pay to the artist the wholesale price of an artwork (as listed in appendix A) within 30 days of the sale of the artwork.

22. The dealer and artist agree to the retail prices for the consigned pieces listed in appendix B. The dealer further agrees that any changes in prices will be agreed to in writing.

23. The dealer agrees to safely display and store the artwork and to insure them against theft, loss or damage. The dealer and his insurance agent agree to pay to the artist the wholesale prices listed in appendix A for any works lost or stolen.

24. The artist agrees that the dealer is not responsible or liable for the loss or damage to artwork(s) that results from natural disasters.

25. If the artist dies during the life of this agreement, the artist’s executor will have the right to terminate the agreement under the terms outlined for dissolution of the agreement outlined in clauses # __________ of this agreement.

26. The dealer agrees to provide a annual statement to the artist on the one year anniversary of this agreement or on termination of the agreement. It will list:

A. Works sold:
The title of the work sold
The date of sale
The sale price
The name and contact information of the buyer
Date of payment to artist

B. Works unsold being returned.

27. All communication required in writing and relating to the relationship between the signatories shall be sent to the addresses listed in this agreement. Both parties agree to inform all signatories of any change in their contact information.

28. This agreement and its signed amendments or additions shall constitute the entire understanding between the signatories.

Finally, there should be a clause that identifies the governing laws in case there is litigation between the signatories to the agreement such as: “The signatories to this agreement recognize that the agreement is governed by the federal laws of Canada and (your province).”

The agreement should end with all signatories signing and dating the contract in space provided. Some lawyers suggest that each party to the agreement also initial and date each page. The agreement should also provide for a witness’ signature and contact information.

2 comments:

  1. I like your blog,Totally interesting also extraordinary blog.Give more pictures related to this topic.Thanks for sharing this wonderful detail.

    ReplyDelete
  2. point 12 and 27 are most important clauses.



    Sample Contracts

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