Terms & Conditions
All submissions are subject to our standard consignment agreement. By submitting your work for this exhibition, you accept the terms of this agreement.
This Consignment Agreement ("Agreement") is made and entered into on _________ by and between ______________ ("Artist") and Radian Gallery ("Gallery").
1. Purpose of Agreement
Artist hereby agrees to consign artwork to Gallery for sale, and Gallery agrees to sell such artwork on consignment, subject to the terms and conditions set forth in this Agreement.
2. Description of Artwork
The artwork to be consigned by Artist to Gallery shall be described in Exhibit A attached hereto, which includes a list of the artwork, the title of each piece, the medium, size, and retail price.
3. Term of Consignment
The term of this consignment shall be for the term commencing on ____________ and terminating on ____________. Artist represents that they do not intend to request return before the end of this term. Thereafter, consignment shall continue until either party requests the return of any or all of the artworks.
4. Commissions, Discounts, and Fees
Gallery shall sell the artwork on consignment and shall retain a commission of 40% of the retail price of each piece sold. Artist agrees that the commission is reasonable and fair compensation for the services provided by Gallery. Mutually agreed discounts, and Fees such as bank transaction fees for credit card purchases will be deducted from the art sale price prior to calculation of commissions.
5. Pricing and Payment
Gallery shall set the retail price for each piece of artwork in consultation with the artist and in accordance with its usual and customary pricing policies. Gallery will provide the Artist with a Statement of Account for all artworks sold during the previous calendar month. Gallery shall remit payment to Artist for sold artwork within 30 days of issuing the Statement of Account. Payment shall be calculated by deducting the commission from the retail price of the sold artwork.
6. Delivery, Safekeeping, and Return of Artwork
Artist shall deliver the artwork to Gallery in good condition and properly packaged for shipping. Gallery shall be responsible for the safekeeping and display of the artwork while it is in its possession. If any artwork is damaged while in Gallery's possession, Gallery shall be responsible for the repair of the artwork or reimbursement to the Artist for the value of the artwork, less the Gallery commission. Actual value of any damaged or destroyed artworks may differ from listed retail price according to an insurance adjuster’s determination based on review of past sales of the Artist’s work, and shall not exceed $25,000.00 total limit covered by Gallery’s insurance policy. Artwork will not be removed from the Gallery or used for any other purpose without Artist’s written consent. At the end of the consignment period, Gallery may return any unsold artwork to Artist at Artist's expense or request to hold the work in storage for future presentations to potential collectors.
7. Promotion and Marketing
Gallery shall use its best efforts to promote and market the artwork to potential buyers, including through its website, Artsy.net portal, social media, email newsletters, and other marketing channels. Artist shall provide Gallery with any promotional materials or information that may be useful in marketing the artwork. Promotional materials created by the Gallery of the Artist’s work, including any photographs, videos, websites, social media posts, etc., remain the property of the Gallery, while the copyright for the artwork itself remains with the Artist.
8. Representations and Warranties
Artist represents and warrants that Artist is the sole owner of the artwork and has the right to consign the artwork to Gallery. Artist further represents and warrants that the artwork is the authentic and original product of the Artist and has not been previously sold or consigned. Artist agrees to indemnify and hold Gallery harmless from any claim, demand, or liability arising out of any breach of these representations and warranties. Gallery does not guarantee that the artwork will necessarily be sold as a result of either exhibition or representation.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
10. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the consignment of the artwork and supersedes all prior negotiations, agreements, and understandings, whether written or oral.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
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