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What Consignment Contract are you using to protect your work?
Did you know that there have been over 18,000 downloads of the Model Consignment Contract in the Professional Guidelines?
Do you realize that if your work is on consignment with a gallery or store and it goes out of business, your work may be taken by the creditors? The only protection you have is a Consignment Contract stating that the work is owned by the artist and not the store or gallery.
When stores or gallery take work on consignment, they are in effect, borrowing work from an artist for display in the gallery, and then paying the artist only when it sells. This arrangement limits the gallery’s capital outlay, so they can devote more of their resources to paying for rent, staff, publicity, or other costs of doing business.
Even in the best relationships based on trust and a good working relationship, there is no substitute for a contract. To minimize and hopefully avoid possible conflicts, the rights and obligations of both the artist and the gallery should be clearly written in a contract. Do not rely on assumptions and the memories of verbal conversations. A good contract, such as the Model Consignment Contract developed by the Professional Guidelines Committee, is fair to both parties. It is in the interest of both parties to discuss all the issues presented here. The contract outlines the responsibilities and rights of both the gallery and the artist.
Many galleries are accustomed to using their own contract. If the gallery already has a contract that it wants to use, it can be signed “as is”, or it can be viewed as a starting point for further discussion. The artist can use the model contract as a checklist or guide for negotiating modifications and revisions. Your business relationship with the gallery may include specific arrangements that require additions or deletions, which you should initial. In addition, amendments that arise after the original contract has been signed should also be put in writing and signed by both parties.
Look for the Professional Guidelines Model Consignment Contract on the SNAG web site or at my web site:
This is one of 22 documents to help you in your professional development as an artist or maker.
Let me know if you have any questions by contacting me through Crafthaus or my blog
Do you realize that if your work is on consignment with a gallery or store and it goes out of business, your work may be taken by the creditors? The only protection you have is a Consignment Contract stating that the work is owned by the artist and not the store or gallery.
When stores or gallery take work on consignment, they are in effect, borrowing work from an artist for display in the gallery, and then paying the artist only when it sells. This arrangement limits the gallery’s capital outlay, so they can devote more of their resources to paying for rent, staff, publicity, or other costs of doing business.
Even in the best relationships based on trust and a good working relationship, there is no substitute for a contract. To minimize and hopefully avoid possible conflicts, the rights and obligations of both the artist and the gallery should be clearly written in a contract. Do not rely on assumptions and the memories of verbal conversations. A good contract, such as the Model Consignment Contract developed by the Professional Guidelines Committee, is fair to both parties. It is in the interest of both parties to discuss all the issues presented here. The contract outlines the responsibilities and rights of both the gallery and the artist.
Many galleries are accustomed to using their own contract. If the gallery already has a contract that it wants to use, it can be signed “as is”, or it can be viewed as a starting point for further discussion. The artist can use the model contract as a checklist or guide for negotiating modifications and revisions. Your business relationship with the gallery may include specific arrangements that require additions or deletions, which you should initial. In addition, amendments that arise after the original contract has been signed should also be put in writing and signed by both parties.
Look for the Professional Guidelines Model Consignment Contract on the SNAG web site or at my web site:
This is one of 22 documents to help you in your professional development as an artist or maker.
Let me know if you have any questions by contacting me through Crafthaus or my blog
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