What goes into the artist gallery contract that will govern the relationship between an artist and that artist’s dealer? There are many things, but there will always be a set of fundamentals that should be included in every artist gallery contract. Keep in mind, also, that in many states (especially states that are exceptionally active in the art market, like New York and California), additional duties can be imposed by law, in addition to what the words of the contract state.
The Fundamentals of the Artist Gallery Contract
There are a a few things that an artist gallery contract should include:
- Consignment: The contract should make clear that the artwork is consigned to the gallery, rather than owned outright. In essence, the gallery is temporarily holding onto the artist’s property for the purpose of making a sale. It is still the artist’s property, and establishing the terms of the consignment can be crucial in protecting both parties (and for protecting both parties from third-parties in bankruptcy situations).
- Exclusivity: The contract should spell out whether or not the relationship is exclusive and for what term.
- Scope: What works does the relationship apply to? Are there works that are outside of the artist-dealer relationship? The contract should answer the question.
- Prices: The agreement should set forth what kind of prices the dealer can charge for the artist’s work and whether or not the dealer is allowed to offer discounts to certain classes of people.
- Commissions: Simple – this sets forth the percentage that each party will get. It’s simple, but there are always details to get right.
- Costs: Who pays for display? Framing? Shipping? Storage? These costs add up and it’s easy to address them before they are incurred.
- Insurance: Bad things happen. Insurance covers those bad things – the agreement should detail what kind of insurance the gallery should maintain in case artwork is damaged or lost.
These are just a few of the points that a good artist gallery contract will address, but there are plenty more. While it may seem daunting to get a contract worked out at the beginning, doing so can help to ensure a productive relationship for both the artist and the gallery owner. This is especially true for artists and dealers who are still establishing themselves, as a problem with any of the above issues can easily put someone out of business.
I am happy to answer any more questions you might have about artist gallery contracts or anything else related. Just email me at jon@counselforcreators.com or set up a consultation.
