Artists and Gallery Agreement

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Artist and Gallery Agreement

AGREEMENT made as of the “Date” between “Name” (hereinafter referred to as “The Artist”), located at “Address” (the city and region, the country if necessary), and The Art Collective – www.artcollective.co.nz (hereinafter referred to as “The Gallery”), located at 1 Parkhead Place, Rosedale, Auckland, New Zealand with respect to artistic representation as stated in this agreement

SCOPE OF THE GALLERY

• The Artist appoints The Gallery to act as The Artist’s agent for the exhibition and sales of artworks.
• The Artist shall document all works consigned hereunder by completing and returning to The Gallery a Record of Consignment in the form annexed to this contract as Appendix A.

 TERMS AND TERMINATION

• This agreement will be terminated by either party giving thirty days written notice to the other party.
• This Agreement shall automatically terminate with the death of The Artist; if The Gallery ceases to operate; or The Gallery becomes bankrupt or insolvent.
• On termination of this agreement, artworks consigned shall immediately be removed from display at the expense of The Gallery.

 COMMISSIONS, COSTS, PRICES, AND PAYMENTS

• Commission percentage of the retail price net of GST of each work retained by The Gallery after the sale and receipt of payment of each work: 30%
• The Gallery agrees to sell The Artist’s works at the retail prices shown on the Record of Consignment, subject to The Gallery’s right to make customary trade discounts to select purchasers. 
• All artworks for print reproduction must be supplied as high resolution print ready files. The cost of digitising artworks, where applicable, will be for account of The Artist.
The production and packaging cost of the artwork will be deducted from The Artist’s commissions.
• The Gallery shall pay The Artist all proceeds due to The Artist less the cost of printing and packaging within thirty days of sale.
• No sales on approval or credit should be made without the written consent of The Artist unless under the following conditions:
• The first proceeds received by The Gallery shall be paid to The Artist until The Artist has been paid all proceeds due.

ACCOUNTING AND INSPECTION OF BOOKS

• For each sale of The Artist’s work, The Gallery shall list the sale price, the details of the artwork sold, the amounts due to The Gallery and The Artist, and the cost of printing and packaging.
• In the event that this agreement is terminated; The Gallery shall provide an accounting to The Artist.
• The Gallery shall maintain accurate books and documentation with respect to all transactions entered into for The Artist.
• Upon written request, The Gallery shall permit The Artist or The Artist’s authorised representative to examine the books and documentation during normal business hours.

COPYRIGHT AND SECURITY INTEREST

• The Gallery shall take all steps necessary to insure that The Artist’s copyright of the consigned works is protected, including but not limited to, requiring copyright notices to be displayed where all reproductions of the works are used for any purpose whatsoever.
• Title to and a security interest in any works consigned or proceeds of sale under this Agreement are reserved to The Artist.
• In the event of any default by The Gallery, The Artist shall have all the right of a secured party and the works shall not be subject to claims by The Gallery’s creditors. 
• The Gallery agrees to execute and deliver to The Artist, in the form requested by The Artist, a financial statement and such other documents that The Artist may require to perfect its security interest in the works.
• The Gallery agrees not to pledge or encumber any works in its possession, not to incur any charge or obligation in connection herewith for which The Artist may be liable.
ASSIGNMENT
• This Agreement shall not be assignable by either party hereto, provided, however that The Artist shall have the right to assign money due him or her hereunder.

ARBITRATION

• All disputes arising under this Agreement shall be submitted to binding arbitration in the location of Auckland and the arbitration award may be entered or judgment in any court having jurisdiction thereof.  Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum of less than $1000.

MODIFICATION

• All modifications of this Agreement must be in writing and signed by both parties.  This Agreement constitutes the entire understanding between the parties hereto.

GOVERNING LAW

• This Agreement shall be governed by the laws of New Zealand.