Artist Consignment Agreement

ARTIST CONSIGNMENT AGREEMENT

THIS AGREEMENT is made on [Date], BETWEEN:

Consignee: [Consignee Name], with a principal place of business at [Consignee Address] ("Consignee")

AND

Artist: [Artist Name], with a principal address at [Artist Address] ("Artist").

WHEREAS

• The Artist is the creator and owner of certain works of art described in this Agreement.
• The Consignee operates a gallery, shop, or business and wishes to display and sell the Artist’s works on a consignment basis.
• The parties wish to set forth the terms and conditions of their consignment arrangement.

NOW, THEREFORE, the parties agree as follows:

1. DEFINITIONS

1.1 Consigned Artwork: The works of art listed in Exhibit A attached to this Agreement, or as otherwise mutually agreed in writing.

1.2 Consignment Period: The period beginning on [Start Date] and ending on [End Date], unless terminated earlier in accordance with this Agreement.

2. CONSIGNMENT OF ARTWORK

2.1 The Artist consigns the Consigned Artwork to the Consignee for the purpose of display and sale.

2.2 Title to the Consigned Artwork remains with the Artist until sold to a third party in accordance with this Agreement.

3. DISPLAY AND CARE

3.1 The Consignee agrees to display the Consigned Artwork in a manner consistent with industry standards and to exercise reasonable care in handling and storing the Artwork.

3.2 The Consignee shall not alter, clean, or repair the Consigned Artwork without the Artist’s prior written consent.

4. SALE OF ARTWORK

4.1 The Consignee is authorized to sell the Consigned Artwork at the retail price specified by the Artist in Exhibit A, unless otherwise agreed in writing.

4.2 The Consignee shall obtain the Artist’s written consent before selling any Consigned Artwork below the specified retail price.

5. COMMISSION AND PAYMENT

5.1 The Consignee shall be entitled to a commission of [Commission Percentage]% of the sale price of each Consigned Artwork sold.

5.2 The Artist shall receive the balance of the sale price, less the Consignee’s commission.

5.3 Payment to the Artist shall be made within [Number of Days] days after the sale of any Consigned Artwork.

6. ACCOUNTING AND RECORDS

6.1 The Consignee shall maintain accurate records of all sales of Consigned Artwork and provide the Artist with a written statement of sales and payments at least once every [Reporting Period, e.g., month].

6.2 The Artist may inspect the Consignee’s records relating to the Consigned Artwork upon reasonable notice.

7. INSURANCE AND RISK OF LOSS

7.1 The Consignee [will/will not] maintain insurance coverage for the Consigned Artwork while in its possession. If insured, details are as follows: [Insurance Details].

7.2 Risk of loss or damage to the Consigned Artwork shall remain with the Consignee while the Artwork is in its custody.

8. RETURN OF UNSOLD ARTWORK

8.1 Upon expiration or termination of this Agreement, the Consignee shall promptly return all unsold Consigned Artwork to the Artist in the same condition as received, reasonable wear and tear excepted.

8.2 The cost of returning unsold Artwork shall be borne by [Party Responsible for Return Shipping].

9. TERM AND TERMINATION

9.1 This Agreement shall begin on [Start Date] and continue until [End Date], unless terminated earlier by either party upon [Notice Period Days] days’ written notice.

9.2 Upon termination, all unsold Consigned Artwork shall be returned to the Artist in accordance with Section 8.

10. WARRANTIES

10.1 The Artist warrants that they are the sole creator and owner of the Consigned Artwork and have the right to enter into this Agreement.

10.2 The Consignee warrants that they will not pledge, encumber, or otherwise dispose of any Consigned Artwork except as expressly permitted by this Agreement.

11. INDEMNIFICATION

11.1 Each party agrees to indemnify and hold harmless the other from any claims, losses, or damages arising out of breach of this Agreement or the inaccuracy of any warranty.

12. NOTICES

12.1 Any notice required under this Agreement must be in writing and delivered to the addresses set forth above (or such other address as may be designated in writing).

13. GOVERNING LAW

13.1 This Agreement shall be governed by and construed in accordance with the laws of [Governing Law State/Country].

14. ENTIRE AGREEMENT; AMENDMENTS

14.1 This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements or understandings.

14.2 Any amendment or modification must be in writing and signed by both parties.

15. SEVERABILITY

15.1 If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

16. DISCLAIMER

This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.

SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Artist:
Name: [Artist Name]
Signature: ___________________________
Date: [Date]

Consignee:
Name: [Consignee Name]
Title: [Consignee Title, if applicable]
Signature: ___________________________
Date: [Date]

Exhibit A – List of Consigned Artwork