1. Always have a contract. Please note that having a contract does not meant the gallery will follow the rules you have both agreed to, but at least you have a legally binding contract stating exactly what the gallery owes you. If you do not know what a contract should look like, please go here.
2. Keep in mind that the gallery needs you to make money. If they can't find artists willing to consign to them, then they must wholesale or shut down. You have power in this situation, do not let the gallery give you the impression that they can do as they wish.
3. If you feel comfortable doing so, contact the other artists a gallery represents. They can give you real information about how the gallery operates.
4. Find out how long the gallery has been in business. Anything less than 5 years is risky (it's a tough business).
5. Ask for wholesale on items less than $50
6. Phone galleries or drop in at least 2 or 3 times a year
7. If they send you cheques with no reference to what sold, ask them to itemise the sales. You need to be able to keep track of stock. If they can not provide this information, it is a bad gallery warning sign.
8. If a gallery refuses to pay, be persistent. You have a right to hold the owner and manager accountable for the money or art they owe. They may tell you that it's not their job to deal with artist payments, or that the cheque is in the mail, etc. You have not been paid until the cheque is cleared by your bank, so do not accept excuses. Galleries will easily ignore emails, so make phone calls and then send a follow-up email stating what you discussed on the phone. This helps create a paper trail. Send letter-mail as well, this will get more attention than an email.
9. When businesses fall behind on payments, they will often continue to be in arrears until you contact them specifically about payment. Some galleries do not ever pay unless you request payment. If this is the case, you should consider removing your work.
10. If you are a new graduate, be wary of any gallery that offers you consignment based on what they saw in the grad show. The gallery may assume that because you are a new grad, you will be too eager to have your work shown professionally. They may try to give you a bad contract, or assume you will not pursue payment, or think you will not know what your rights are.
11. A bad deal with a gallery is not worth the exposure of having your work there. Galleries are not often good sources of publicity, as they are only interested in publicising their own brand, regardless of what artists they consign. However, it is their job to represent you. Check their website and make sure they are representing you properly (ie. they should be spending money/time promoting you, that's why they get 40-50%). If you are not on their website within 3 months, they may not intend to keep you, and they are disorganised.
12. The best way to avoid the pitfalls of a bad consignment deal is to not agree to them. Always push for wholesale. If the gallery is hesitant, make a contract that states that:
a) If your work does not sell within 3 months, you will switch out the work in the gallery for other work.
b) If the second batch does not sell, agree to give them a refund.
It is better to issue a refund than to deal with a non-paying gallery.
13. Be aware of any changes in staff. When galleries change managers, they may use the "confusion" of the change as an excuse to not pay you.
14. Art councils are more trustworthy, they receive government funding and must be scrupulous. Apply to your provincial or city art council for representation. The membership fee is an investment.
15. Some galleries will "go bankrupt," or "restructure," and your art will disappear. You need to be very clear in your contract with regards to what will happen to your work in these situations. Keep track of gallery owner's names and contact info. Collect all the information you can. Make sure you have the gallery owner's full name on your contract.
2. Keep in mind that the gallery needs you to make money. If they can't find artists willing to consign to them, then they must wholesale or shut down. You have power in this situation, do not let the gallery give you the impression that they can do as they wish.
3. If you feel comfortable doing so, contact the other artists a gallery represents. They can give you real information about how the gallery operates.
4. Find out how long the gallery has been in business. Anything less than 5 years is risky (it's a tough business).
5. Ask for wholesale on items less than $50
6. Phone galleries or drop in at least 2 or 3 times a year
7. If they send you cheques with no reference to what sold, ask them to itemise the sales. You need to be able to keep track of stock. If they can not provide this information, it is a bad gallery warning sign.
8. If a gallery refuses to pay, be persistent. You have a right to hold the owner and manager accountable for the money or art they owe. They may tell you that it's not their job to deal with artist payments, or that the cheque is in the mail, etc. You have not been paid until the cheque is cleared by your bank, so do not accept excuses. Galleries will easily ignore emails, so make phone calls and then send a follow-up email stating what you discussed on the phone. This helps create a paper trail. Send letter-mail as well, this will get more attention than an email.
9. When businesses fall behind on payments, they will often continue to be in arrears until you contact them specifically about payment. Some galleries do not ever pay unless you request payment. If this is the case, you should consider removing your work.
10. If you are a new graduate, be wary of any gallery that offers you consignment based on what they saw in the grad show. The gallery may assume that because you are a new grad, you will be too eager to have your work shown professionally. They may try to give you a bad contract, or assume you will not pursue payment, or think you will not know what your rights are.
11. A bad deal with a gallery is not worth the exposure of having your work there. Galleries are not often good sources of publicity, as they are only interested in publicising their own brand, regardless of what artists they consign. However, it is their job to represent you. Check their website and make sure they are representing you properly (ie. they should be spending money/time promoting you, that's why they get 40-50%). If you are not on their website within 3 months, they may not intend to keep you, and they are disorganised.
12. The best way to avoid the pitfalls of a bad consignment deal is to not agree to them. Always push for wholesale. If the gallery is hesitant, make a contract that states that:
a) If your work does not sell within 3 months, you will switch out the work in the gallery for other work.
b) If the second batch does not sell, agree to give them a refund.
It is better to issue a refund than to deal with a non-paying gallery.
13. Be aware of any changes in staff. When galleries change managers, they may use the "confusion" of the change as an excuse to not pay you.
14. Art councils are more trustworthy, they receive government funding and must be scrupulous. Apply to your provincial or city art council for representation. The membership fee is an investment.
15. Some galleries will "go bankrupt," or "restructure," and your art will disappear. You need to be very clear in your contract with regards to what will happen to your work in these situations. Keep track of gallery owner's names and contact info. Collect all the information you can. Make sure you have the gallery owner's full name on your contract.