gallery on the square
simpson county guild of artists and craftsmen
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110 N. Main St., Franklin KY 270.586.8055 Tuesday through Friday 10 a.m. - 4 p.m.; Saturday 10 a.m. - 1 p.m. CST
Artists Guidelines
CONSIGNMENT SALE AGREEMENT: Featured Guild Artist
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Contract
This Agreement made by and between the above stated, herein referred to as “artist” and Gallery on the Square, Public Square, Franklin, Simpson County, Kentucky, herein referred to as "gallery."
RECITALS
WHEREAS, artist is engaged in creative works which artist offers for sale; and
WHEREAS, Gallery maintains a public art gallery on the public square in Franklin, Kentucky, for presenting art and crafts; and
WHEREAS, artist desires to entrust to Gallery, artist artistic works or crafts for sale on a commission basis;
For these reasons, and for other good and lawful reasons and in consideration of the covenants set forth below, the parties agree as follows:
1. Selection of Work. Gallery on the Square Standards Committee must jury three or more pieces of work to determine that such work is suitable for display and sale. All such work must adhere to the Gallery Guidelines for display. Gallery on the Square reserves the right of refusal of any work submitted for display by artist. Prior to consideration of artist work, artist will supply a biography to the Gallery.
2. Consignment Identification. Works of art offered by artist shall be signed by artist in customary manner and each shall be identified by title, size, medium, or other identifying markings to be supplied by artist consisting of the year in which the work was created.
3. Condition of Art Work. All works of art offered by artist shall be completed and in good condition. Artist shall make repairs necessitated by minor, unavoidable damage to art while in Gallery's possession.
4. Risk of Loss. Artist shall deliver all work to Gallery's location at artist's risk. Artist recognizes that Gallery is a non-profit organization and that Gallery shall have no responsibility for the loss or damage or misappropriation of artist's work. Artist recognizes and agrees that artist may purchase insurance to cover any such loss but, by entering into this agreement artist agrees that artist's only remedy upon loss, damage, or misappropriation shall be for such insurance coverage to be purchased by artist.
5. Sales Price. Artist shall be responsible for pricing artist work. Gallery will attempt to sell artist work for amounts determined by artist except as set forth herein below.
6. Payment and Commission. Gallery shall receive a commission of 30% of the sales price of all works of art sold. For purposes of this provision, "sales price" shall not include cost of delivery or any taxes payable on the sale. Artist shall be paid artist's commission by the 15th day of the month following sale. If the artist’s portion is less than $10.00, their check will be withheld until such a time as artist collects all of his work or sales generated by his work earn an accumulated amount of more than $10.00.
7. Copyright. Artist warrants and represents that all artwork submitted by artist to Gallery will be artist's original creations. Artist further warrants that all artwork submitted shall be unpublished work to which artist possesses common law copyright.
8. Term of Agreement. Artwork should be replaced with different pieces annually. Any work left at Gallery for more than one year may be marked by Gallery at a reduced price to be determined by Gallery or to be taken off of display. Notification will be made to the artist in advance of this decision. Commissions will be based upon the reduced sales price. As space allows, artist’s work will be limited to a maximum of 6 pieces or as determined by the committee.
9. Title. Artist shall retain title to the artwork at all times subject to the terms of this contract. Gallery will attempt to exercise reasonable caution; however, the artist hereby assumes all liability for loss or damage to work submitted, whether in transit or after receipt.
10. Gallery hours are as posted on the web-site. The Gallery reserves the right to change the hours at any time.
11. Promotions. Artist agrees to participate in the Gallery on the Square's layaway policy or other promotions provided by the Gallery.
12. Limitation of Damages. Notwithstanding artist's agreement that Gallery shall have no liability for any works of art delivered to Gallery, in any event, Gallery shall have no liability to exceed $20.00 for loss or damage to artist artwork.
13. Notices. Any notice required to be given shall be given to artist at the address indicated above. In the event that artist's address changes, artist shall promptly notify Gallery in writing of such change in address by indicating the changed address on the original copy of this agreement.
14. Web-site Representation. All Guild Members will have their names listed on the Gallery Art Roster. As space allows, Featured Guild Artists will have their work available for viewing on the Gallery web-site.
15. Title. Artist warrants that artist has complete and marketable title to all art tendered to Gallery pursuant to this agreement.
16. Guild Membership. All artists are required to pay Guild Membership dues annually of $20.00. Annual Guild dues will be paid with each renewed contract.
17. Annual Guild Exhibit. Featured Guild artists will be invited to show a grouping of new pieces in the annual juried Guild Show.
18. Miscellaneous. This agreement shall be deemed to have been entered into in Franklin, Simpson County, Kentucky. Any disputes regarding this agreement shall be governed by the law of the Commonwealth of Kentucky. This agreement shall not be interpreted in favor of or against either party by reason of draftsmanship.
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