Art consignment contract
November 28, 2024 12:47 PM Subscribe
I contracted to have my art shown/ sold at a salon. A few weeks after dropping off my art, there are problems already. Should I keep it up, take my art back, or something else?
A salon about 30 minutes away was looking for art. I don’t have a license so always knew that part would take planning. I knew they were moving to a different space at some point but the owner was casual about whether I’d have to do anything.
They specialize in dyeing hair colors and I make colorful art, so we agreed that they’d show and sell my work. The contract was loose but did establish what their cut would be and that they would do “everything they could “ to sell my work and they’d pay for any damages. I brought the work in early November and was told it’d be up in a few days.
I wrote to ask about sales and got an email back from the new “executive assistant.” (Why the owner of a salon with five employees needs that is a bit puzzling. ) She said that they didn’t hang anything because they’re moving to a different space in December and it seemed counterproductive to hang and move it.
I was promised weeks ago that my work would be hung and for sale, but it’s actually been in a basement. I am very unhappy about that. She said they couldn’t find my contract and sent me a new one, one in which they earn 10% more if they hang my art themselves . I won’t agree to that.
They want me to come Dec 1 to move and hang my art. On the one hand, I don’t want to miss out on sales if I take my art and go home. On the other, these are significant problems and I don’t know if I can trust them with things like payment. No money has changed hands yet. It might help to talk to the actual owner, who seems nice, rather than her exec admin.
I realize a more detailed contract may have helped, but I hoped that “don’t stick my art in the basement “ went without saying.
What would you do?
A salon about 30 minutes away was looking for art. I don’t have a license so always knew that part would take planning. I knew they were moving to a different space at some point but the owner was casual about whether I’d have to do anything.
They specialize in dyeing hair colors and I make colorful art, so we agreed that they’d show and sell my work. The contract was loose but did establish what their cut would be and that they would do “everything they could “ to sell my work and they’d pay for any damages. I brought the work in early November and was told it’d be up in a few days.
I wrote to ask about sales and got an email back from the new “executive assistant.” (Why the owner of a salon with five employees needs that is a bit puzzling. ) She said that they didn’t hang anything because they’re moving to a different space in December and it seemed counterproductive to hang and move it.
I was promised weeks ago that my work would be hung and for sale, but it’s actually been in a basement. I am very unhappy about that. She said they couldn’t find my contract and sent me a new one, one in which they earn 10% more if they hang my art themselves . I won’t agree to that.
They want me to come Dec 1 to move and hang my art. On the one hand, I don’t want to miss out on sales if I take my art and go home. On the other, these are significant problems and I don’t know if I can trust them with things like payment. No money has changed hands yet. It might help to talk to the actual owner, who seems nice, rather than her exec admin.
I realize a more detailed contract may have helped, but I hoped that “don’t stick my art in the basement “ went without saying.
What would you do?
I would take it back. Take the energy you would have used to monitor these folks -- worrying about whether or not they're being honest; wondering if they're damaging anything; concern about what percentage they're taking; having to deal with the assistant rather than the boss -- and instead try to find another avenue to sell your art.
posted by BlahLaLa at 1:15 PM on November 28 [2 favorites]
posted by BlahLaLa at 1:15 PM on November 28 [2 favorites]
I would take it back. That's such a bad and careless attitude to have about your paintings. I mean, no one is perfect and it's possible there was a misunderstanding at the salon, but it is not professional. I would be happy to get all my stuff back undamaged at this point.
Which reminds me I should try to get my art hung somewhere local. I've only been thinking about it for several years. Anyway, congratulations on doing it, even if this one did not work out. I'm sure you'll find more opportunities.
posted by Glinn at 1:16 PM on November 28 [2 favorites]
Which reminds me I should try to get my art hung somewhere local. I've only been thinking about it for several years. Anyway, congratulations on doing it, even if this one did not work out. I'm sure you'll find more opportunities.
posted by Glinn at 1:16 PM on November 28 [2 favorites]
I think that you answered your own question, which is that you should talk to the owner to troubleshoot the situation. For what it’s worth, nothing you have described seems outrageous to me. Unless you have other opportunities to exhibit lined up or a very strong exhibit record, I recommend continuing to show at the salon to build your reputation and career. Exhibiting there sounds like a bird in the hand to me.
posted by mortaddams at 2:00 PM on November 28
posted by mortaddams at 2:00 PM on November 28
If you have somewhere else to hang it for sale, by all means move it there. But if you don't have another option immediately, then it doesn't seem like a big deal to send back your copy of the contract and say that you've already agreed on the commission and that they would hang the art. You can choose what to do once they respond.
A few weeks in storage isn't ideal, but given that you probably wouldn't expect to sell artworks hanging in a salon very quickly in any case, the delay doesn't seem like the end of the world. Should they have told you? Of course. But not hanging pieces and then taking them down a few weeks later does seem like a reasonable choice.
posted by ssg at 2:15 PM on November 28 [2 favorites]
A few weeks in storage isn't ideal, but given that you probably wouldn't expect to sell artworks hanging in a salon very quickly in any case, the delay doesn't seem like the end of the world. Should they have told you? Of course. But not hanging pieces and then taking them down a few weeks later does seem like a reasonable choice.
posted by ssg at 2:15 PM on November 28 [2 favorites]
I'd be worried about the artwork getting damaged in the move. Maybe offer to take it back "to spare them moving it". Offer nicely and avoid conflict. While they move and settle in, see if you can find a better place to exhibit. If you can't, contact this salon again, maybe around February, to see if you want to renegotiate a new contract.
posted by nouvelle-personne at 2:36 PM on November 28 [12 favorites]
posted by nouvelle-personne at 2:36 PM on November 28 [12 favorites]
Professional artist here: deffo take the stuff back. Do it in a nice way, don’t burn any bridges, and maybe be willing to come and hang it for them in the future, but this doesn’t seem like a lead to me. One of the annoying things about working in the arts, outside of areas with well-developed cultural networks, is how much set-up time you end up doing. Personally I’ve envigilated, hung, transported, cleaned spaces, and generally done every piece of scut work possible for low-end, one weekend art shows. But at least those places respect your work, and you meet people! This salon experience doesn’t sound great. Fingers crossed for you
posted by The River Ivel at 3:10 PM on November 28 [7 favorites]
posted by The River Ivel at 3:10 PM on November 28 [7 favorites]
They don’t value your art it’s just free decoration to them and they’re treating it as such.
posted by St. Peepsburg at 3:45 PM on November 28 [4 favorites]
posted by St. Peepsburg at 3:45 PM on November 28 [4 favorites]
Just out of curiousity, who cares if they “can’t find the contract?” Make a copy of the one you have.
As for stay/go, I’d say the majority of the power is with the venue so you need to have a surplus of trust in them. Since you have very little, I’d just show up and take everything back (since they have no record of the contract…).
Good luck.
posted by Gilgamesh's Chauffeur at 4:02 PM on November 28 [1 favorite]
As for stay/go, I’d say the majority of the power is with the venue so you need to have a surplus of trust in them. Since you have very little, I’d just show up and take everything back (since they have no record of the contract…).
Good luck.
posted by Gilgamesh's Chauffeur at 4:02 PM on November 28 [1 favorite]
Response by poster: Thank you all for weighing in so thoughtfully. The thing I kept coming back to was discomfort at how little respect they showed me or my work before even putting it up.
After this experience with a different vendor, I’m much more skeptical.
(Having trouble linking from phone: https://ask.metafilter.com/328609/Vendor-beware )
I’ll look for a ride out there ; i don’t think a rideshare is feasible.
posted by mermaidcafe at 7:08 PM on November 28
After this experience with a different vendor, I’m much more skeptical.
(Having trouble linking from phone: https://ask.metafilter.com/328609/Vendor-beware )
I’ll look for a ride out there ; i don’t think a rideshare is feasible.
posted by mermaidcafe at 7:08 PM on November 28
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posted by Alensin at 12:54 PM on November 28 [18 favorites]