Gallery Shop Contract
ARTIST AGREES:
MODELLA GALLERY (MG) AGREES:
- DELIVERY: To deliver to Modella Gallery Ltd. (MG), on consignment, the items owned by the Artist described on the attached Schedule for sale at Modella Gallery Shop, 721 S. Main, Stillwater, OK 74074, upon the terms and conditions herein, and to state the carrier and expected date of delivery on the Schedule. Artist agrees to provide their inventory according to the following specifications:
- Artist Inventory: Gallery Shop Artists must submit a detailed inventory form with all new artwork. Inventory will be rotated on a routine basis at the discretion of the Gallery. In the event of special exhibitions, artists’ inventory will remain in the MG shop until the end of the exhibition. The Gallery will have sole responsibility for hanging and displaying all artists’ works, but will work with the artist on any special handling needs.
- Tagging: Artists must tag their work in a size compatible with the Gallery Shop bar code. Handmade tags will be accepted, only if they fit bar codes.
- STORAGE: Any artist’s work not picked up at the end of an exhibition or the dates specified below will be stored at MG for a period of one (1) week. If at the end of that time the artist has not picked up their work and has not provided any notice, the item(s) will become the property of the MG.
- RISK OF LOSS AND CERTAIN COSTS: To pay the cost of shipping or delivery of the Items agreed on in the Schedule to MG and insuring the items during transport, and to assume the risk of loss of or damage or destruction to the items during shipping to MG up to the time of signed receipt by Modella Gallery. MG reserves the right to physically inspect the items upon delivery, to reject possession and receipt of items if they are destroyed or in any way damaged without accepting any risk of loss under such circumstances.
- SPECIAL/COMMISSION SALES: To remit to MG within 15 days of sale 40% of the sales price of any item made by the Artist not on consignment to MG at the time of sale, but which is sold by the Artist to a purchaser where the purchaser learned of the Artist by seeing Artist’s consigned items at the MG Shop or in an exhibition at MG.
MODELLA GALLERY (MG) AGREES:
- Acceptance: To receive and accept possession of the items delivered to MG by the Artist subject to the terms and conditions herein.
- Sales: To use its best efforts to sell the item to its customers in the ordinary course of its business.
- Terms: To sell the items for cash and approved credit only.
- Price: To sell the items at no less than the price authorized by the Artist as set forth on the attached Schedule.
- Sales Price to Artist and MG Commission: To remit to the Artist by the 15th of the current month for sales made the previous month 60% of the sales price as set forth on the attached schedule, and to retain the balance of 40% as the MAG commission.
- Length of Consignment: MG will retain possession of items from 90 to 180 days. Any unsold items will be returned to the Artist. The Artist may at this time remove items from MG at the Artist’s discretion. A release form will be provided for signature at the time of removal.
- Risk of Loss: To assume the risk of loss from damage to or destruction of the items from the time of receiving and accepting the items until a sale and delivery to a customer or until the items are turned to the Artist.
- Insurance: To pay the cost of insuring the items while in possession of MG.
- Certain Costs: To pay all expenses incident to the conduct of its business and the sale of the items, including storing, displaying, selling and delivering the items to customers, and to pay the cost of shipping/delivery of the returned items to the Artist if not sold and not located locally.
- Inventory: To keep Ricochet Software up to date on inventory and sales, and to make all updates available to Artist.
- Termination of the Agreement: MG reserves the right to sever this agreement prior to its expiration if needed. MG agrees to provide ample notice to the Artist and return all items.
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