The most basic consignment agreement simply vests possession of the work or works in trust with the gallery to be sold at an agreed upon price. Upon sale, title passes from the artist to the purchaser, and the artist is paid the price of the work less the gallery's commission. However, when an agency is created, a gallery owes duties of trust and an obligation of good faith, often including the duty to exercise best efforts to sell the works. A sample gallery-artist agreement is provided for your review. This is only a sample and should not be used in lieu of consulting an attorney.
Some galleries create prints of artists' work for sale by the gallery.
To protect the gallery from copyright infringement claims, all such agreements should be in writing. If a more formal contract is required, we can help you develop a standard form or a particular document for a one-time deal. In addition to agreements with artists, galleries often create agreements with interior designers, agreements regarding framing and agreements regarding purchase of works. Our office can help you develop standard forms for regularly conducted business transactions, or review your present forms if you have legal concerns. For special transactions, we can develop a specific agreement.