Letter Agreement between Artist and Gallery for Sale of Original Art Work
____________________ (Date)
Dear ____________________________ (name of artist) :
This is to confirm the following Agreement.
We are to act as your exclusive art gallery and sales representative on the terms and conditions
set forth below.
1. We will exert reasonable efforts to promote and publicize your work generally, and to sell
your (describe art work) _______________________________________________________ .
Among other things, we will send an appropriate announcement to all our clients ____________
_____________________________ (private collectors, museums, etc.) that you have joined
the list of artists we represent.
2. Provided you produce a sufficient number of (describe art work) __________________
____________________________________________________ for the purpose, we will give
you a solo show in our gallery each year:
A. The show will run _____ (number) weeks;
B. It will be given during the regular art season, i.e., between (e.g., September 1 of
each year and June 30 of the following year) _______________________________
_____________________________________________________________________;
C. We will at __________ (our or your) expense prepare and mail the usual printed
announcements of the show to persons and institutions on our own client list and on any
list of your own that you may give us;
D. We will at ___________ (our or your) expense announce the show in the
newspapers in the same form and in the same frequency that we regularly accord to the
other artists that we represent;
E. We will make available for the show the following portions of the premises we
now occupy: (description of portions of premises for show) ___________________
_________________________________________________________________ ; and
F. We will decide whether your (describe art work) _________________________
___________________________________ should be exhibited framed or unframed;
and if we decide to exhibit them framed, we shall bear the cost in the first instance,
subject to reimbursement as provided below. Until we are reimbursed, the frames will
constitute our property.
3. If we hold a group show of the artists we represent, you will be given an opportunity to
exhibit not less than _____ (number) of your (describe art work) _______________________
________________________________________ in the group show.
4. The prices at which we will sell your (describe art work) _________________________
_____________________________________________ will be agreed on in writing in advance
by you and us. We will make no sale at a figure lower than the agreed price without your
express consent. Your share of the proceeds of any sale, i.e., the selling price, less our
commission and the cost of the frame, if any, will be remitted to you within _____ (number)
days after we receive payment. In accordance with the law of the state of __________________
(name of state) , w e will hold the proceeds of the (describe art work) ____________________
________________________________________________ themselves in trust for your benefit.
5. For our services you will pay us a commission of:
A. (Percentage) _____ % of all sales made directly or indirectly through our efforts;
and
B. (Percentage) _____ % on all sales you may make independently of us.
6. In any general advertisement pertaining to our gallery, as well as in all our promotional
material, your name will appear as that of one of the artists that we represent.
7. Any (describe art work) ________________________________________________
that you entrust to us for sale will be kept at our gallery premises located at _______________
____________________________________________________ (address of gallery) ; but we
shall have the right, if we deem it advisable, to permit a prospective purchaser or purchasers to
have one or more of your _________________ (paintings) on loan for a period not exceeding
_______ (number) days. We will exercise reasonable care in the transportation, handling, and
safekeeping of your ___________________ (paintings) . We carry a blanket, all-risk insurance
policy covering works of art in our possession in the face amount of $ _____________ (dollar
amount). We will see to it that all (describe art work) _________________________________
_____________________ that you entrust to us will be included in the coverage of this policy.
8. Legal title to any (describe art work) ________________________________________
_______________ you entrust to us will remain in you, and in case of a sale by us, will pass
directly to the purchaser.
9. This Agreement will commence as of the date of this Agreement; and will continue in
effect for a period of ______ (number) years, subject to sooner termination as follows:
A. After ____________ (period of time) has elapsed, either of us will have the right
to terminate this Agreement at any time on ______ (number) days' written notice sent
by registered mail. If any sale of your work is consummated after the effective date of
cancellation but as a result of efforts exerted by us prior to that date, you will pay us our
commission as provided above.
B. If an attachment is levied on our property and remains undischarged for
________ (number) days, or if we become insolvent or make an assignment for the
benefit of our creditors or cease to do business for any reason, this Agreement will
immediately come to an end.
C. In the event of termination for any reason, we will promptly return to you, in good
condition, all (describe art work) ___________________________________________
____________________ of yours in our possession.
10. Any dispute under this Agreement shall be required to be resolved by binding arbitration
of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
11. This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
12. Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if placed in writing and signed by each
party or an authorized representative of each party.
13. The rights of each party under this Agreement are personal to that party and may not be
assigned or transferred to any other person, firm, corporation, or other entity without the prior,
express, and written consent of the other party.
Very truly yours,
____________________________
(Name of Gallery)
By: ___________________________________
(Printed Name of Gallery Representative)
The undersigned Artist does agree and confirm the terms of the Agreement set forth
above on this _________________ (date) .
________________________________________
(Printed Name and Signature of Artist)
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