Comments on: artwork onsignment contract help

Question: artwork onsignment contract help

45moore45 — Mon, 10 Mar 2008 10:32:17 -0800

I am considering consigning my artwork to a gallery in Florida and there is one point in the contact I am not sure how to interpret or change.

The contract is fairly standard (this is not my first gallery affiliation) but there is a statement about the gallery doing framing and getting reimbursed for framing. My work does not require framing but the owner wants to do simple frames around the paintings she says are temporary. The contract states the cost of framing is payable to the gallery upon sale of artwork. What it does not say is if she does this framing and the work doesn't sell, how is the gallery reimbursed. I assume it will be me if I don't alter the language in the contract. We are looking at over $30,000 in retail prices so I want to get this straight before I sign anything or deliver any artwork. Florida is a pretty sketchy state for artist rights. What would be the best way for me to protect myself and my artwork and/or alter the language of the contract so I don't get a nasty framing surprise at the end of the consigning period. Thank you.

By: JimN2TAW

JimN2TAW — Mon, 10 Mar 2008 10:41:18 -0800

Here are some rough ideas for you to discuss with your own attorney. I am not a Florida lawyer and have done no Florida research and have not seen the contract. No attorney-client relationship is created by these ideas which are for discussion only and not for use.

Gallery at its option shall be authorized to provide temporary frames for the Work at no cost to Artist and without damage or alteration to the Work. Such frames shall be removed at no cost to Artist upon the return of unsold Work to the Artist.

By: winston

winston — Mon, 10 Mar 2008 11:13:08 -0800

With $30,000 at stake, it's worth paying for an hour or two of a lawyer's time.

By: Salvatorparadise

Salvatorparadise — Mon, 10 Mar 2008 12:03:51 -0800

take a lot of photos of areas that could be damaged by frames

By: theoddball

theoddball — Mon, 10 Mar 2008 18:08:00 -0800

nth-ing talk to an attorney -- not just on the framing issue, but because there are other things that may be lurking in that contract that aren't quite apparent to you, but could get caught by a pro. depending on how much you stand to make (or lose), it may be worthwhile, but you'll have to do the math yourself. and, of course, you're not bound to take the contract as it exists now, with its exact language, if the gallery owner/agent is willing to discuss.

a cheap option is something like Tad Crawford's Legal Guide for the Visual Artist, which covers a bunch of the legal basics / first principles, including things like gallery sales and consignments. I believe there may be some applicable form contracts in there. (which are, of course *only* forms/ starting points, and not the acme of all contracts.)

and, to disclaim as others have done, I'm not an attorney, this is not legal advice, etc, etc.