There are some basic elements a consignment contract should include. If a consignment contract does not include #3, do not sign.
1. Your name and full contact information 2. The gallery's name, and the gallery owner's name, and full contact information for the gallery Standard for Consignment: 3. The art does not belong to the gallery. It belongs to the artist until it is sold. Once a piece is sold, the artist will be paid within 30 days of the sale. To be considered: 4. Can the gallery change the price without consulting you? 5. What happens if the gallery damages your work? 6. Does the gallery want exclusivity for their region? Are they worth dealing with if the answer is yes? 7. Do you want the gallery to be allowed to use images of your work? 8. Who pays for shipping work back to you from the gallery? 9. What happens if the gallery "goes bankrupt," or decides to "restructure?" Who does the art belong to? |
What do you think should be standard on a consignment contract? Let us know!
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Can you spot the problem with this contract?
5. The consigned works will be held in trust for the Artist's benefit and will not be subject to claim by a creditor of the Gallery. This agreement will terminate automatically upon the Artist's death, or if the Gallery becomes bankrupt or insolvent.
This is a contradictory clause. This means that if the gallery is subject to a bankruptcy creditor, your contract ends. When your contract ends, you have no legal proof that the consigned artwork belongs to you. Because of #5, the contract provides no protection and is therefore useless.
This is a contradictory clause. This means that if the gallery is subject to a bankruptcy creditor, your contract ends. When your contract ends, you have no legal proof that the consigned artwork belongs to you. Because of #5, the contract provides no protection and is therefore useless.