Artist Agreement
Monthly and Collection Agreement
1. Authority of Accepted Artists Works; Works of art may be accepted for display only by the Art Project. The Art Project may reject artworks at the Owners discretion.
2. Warranty; The Artist hereby warrants that he/she created or possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.
3. Duration of Agreement; The Artist and the Art Project agree that the term of agreement is unlimited until the Artworks are sold, and that the Artist does not intend to request their return before the end of this term. Thereafter, the agreement shall continue until the Artist requests the removal of any or all of the Artworks or The Art Project requests that the Artist remove any or all of the Artworks with which request the other party shall comply within 30 days.
4. Transportation Responsibilities; Shipping cost for sold art will be paid by the buyer and the artist is responsible for the packaging and shipping of sold art. The shipping company Fedex will insurance all shipments up to $500, any insurance needed over $500 is the responsibility of the artist and the buyer.
5. Fiduciary Responsibilities; Title to each of the Artworks remains in the Artists name until the Artist has been paid the full amount owing him or her for the Artworks; title then passes directly to the purchaser. All proceeds from the sale of the Artworks shall be held in trust for the Artist. The Art Project shall pay all amounts due to the Artist before any proceeds of sales can be made available to creditors of The Art Project.
6. Pricing; Terms of Payment; The Art Project shall sell the Artworks only at the Retail Price specified by the artist. Any change in the Retail Price, must be agreed to in advance by the Artist and the Art Project. The Artist will only be paid by the Art Project once the buyer has receive the art piece and is satisfied with the product.
7. Payment; the artist agrees to pay the Art Project the set monthly or yearly amount within 10 business days of the invoice. Failure to pay will result in the artist removal from the site until the outstanding amount has been paid.
8. Promotion; The Art Project shall use its best efforts to promote the sale of the Artworks. The Art Project agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Artists behalf. The Art Project shall identify clearly all Artworks with the Artists name, and the Artists name shall be included on the bill of sale of each of the Artworks. The Art Project and the Artist shall agree in advance on the division of artistic control and of financial responsibility for expenses incurred in The Art Projects exhibitions and other promotional activities undertaken on the Artists behalf.
9. Reproduction; The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. The Art Project will not permit any of the Artworks to be copied, photographed or reproduced without the permission of the Artist. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork.
10. Termination of Agreement; Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Art Project or the Artist, by giving a thirty day written notification of termination from either party to the other. In the event of the Artists death, the estate of the Artist shall have the right to terminate the Agreement. Within thirty days of the notification of termination, all accounts shall be settled and all unsold Artworks shall be removed by The Art Project.
Commission Agreement (for selected artists)
1. Agency; Purposes. The Artist appoints The Art Project as agent for the works of art ("the Artworks") consigned under this Agreement, for the purposes of exhibition and sale. The Art Project shall not permit the Artworks to be used for any other purposes without the consent of the Artist. This agreement applies only to works consigned under this Agreement and does not make The Art Project a general agent for any other works.
2. Consignment. The Artist hereby consigns to The Art Project, and The Art Project accepts on consignment, those Artworks listed on sign up form which is a part of this Agreement. Additional sign up forms may be incorporated into this Agreement at such time as both parties agree to the consignment of other works of art.
3. Authority of Accepted Artists Works. Works of art may be accepted for consignment only by or by any person designated by either of them in writing as authorized to accept works of art here-under. The Art Project may reject artworks at the Owners discretion.
4. Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.
5. Duration of Consignment. The Artist and The Art Project agree that the term of consignment is unlimited until the Artworks are sold, and that the Artist does not intend to request their removal before the end of this term. Thereafter, consignment shall continue until the Artist requests the removal of any or all of the Artworks or The Art Art Project requests that the Artist remove any or all of the Artworks with which request the other party shall comply within 30 days.
6. Transportation Responsibilities. Shipping cost for sold art will be paid by the buyer and the artist is responsible for the packaging and shipping of sold art. The shipping company Fedex will insurance all shipments up to $500, any insurance needed over $500 is the responsibility of the artist and the buyer.
7. Fiduciary Responsibilities. Title to each of the Artworks remains in the Artist until the Artist has been paid the full amount owing him or her for the Artworks; title then passes directly to the purchaser. All proceeds from the sale of the Artworks shall be held in trust for the Artist. The Art Project shall pay all amounts due to the Artist before any proceeds of sales can be made available to creditors of The Art Project.
8. Notice of Consignment. The Art Project shall give notice, by means of a clear and conspicuous sign in full public view that certain works of art are being sold subject to a contract of consignment.
9. Pricing; The Art Projects Commission; Terms of Payment. The Art Project shall sell the Artworks only at the Retail Price specified on the Inventory Sheet. The Art Project and the Artist agree that the Art Projects commission is to be 20 percent of the Retail Price of the Artwork. Any change in the Retail Price, or in the Art Projects commission, must be agreed to in advance by the Artist and the Art Project. The Artist will only be paid by the art project once the buyer has receive the art piece and is satisfied with the product.
10. Promotion. The Art Project shall use its best efforts to promote the sale of the Artworks. The Art Project agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Artists behalf. The Art Project shall identify clearly all Artworks with the Artists name, and the Artists name shall be included on the bill of sale of each of the Artworks. The Art Project and the Artist shall agree in advance on the division of artistic control and of financial responsibility for expenses incurred in The Art Projects exhibitions and other promotional activities undertaken on the Artists behalf.
11. Reproduction. The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. The Art Project will not permit any of the Artworks to be copied, photographed or reproduced without the permission of the Artist. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork.
12. Accounting. A statement of accounts for all sales of the Artworks shall be furnished by The Art Project to the Artist. The Artist shall have the right to inventory his or her Artworks in the Art Project and to inspect any books and records pertaining to sales of the Artworks.
13. Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Art Project or the Artist, by giving a thirty day written notification of termination from either party to the other. In the event of the Artists death, the estate of the Artist shall have the right to terminate the Agreement. Within thirty days of the notification of termination, all accounts shall be settled and all unsold Artworks shall be removed by The Art Project.
14. Procedures for Modification. Amendments to this Agreement must be signed by both Artist and Art Project and attached to this Agreement. Both parties must initial any deletions made on this form and any additional provisions written onto it.
15. Miscellany. This Agreement represents the entire agreement between the Artist and The Art Project. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of The Art Project, whether by operation of law or otherwise, without the prior written consent of the Artist. In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorneys fees in addition to any available remedy.
16. Choice of Law. This Agreement shall be governed by the law of the province of British Columbia.
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