Our simple listing agreement:
The owner of the Artworks (you):
The agent, The Camblin Gallery (us):
Enter into the following agreement:
- Agency; Purposes. The owner appoints the The Camblin Gallery as agent for the works of art henceforth referred to as “the artworks” consigned under this agreement, for the purposes of exhibition and sale. The agent shall not permit the artworks to be used for any other purposes without the consent of the owner.
- Consignment. The owner hereby consigns to the agent, those artworks he chooses to list on the Camblin.com website. Listed artworks become part of this agreement. Additional artworks may be incorporated into this agreement by listing on the website. Requests from interested parties (including, but not limited to galleries and museums) will be forwarded to the owner for consideration.
- Warranty. The owner hereby warrants that he possesses unencumbered title to the artworks, and that descriptions are true and accurate.
- Duration of Consignment. The owner and the agent agree that the term of consignment for the artworks is of an unlimited duration. The consignment shall continue until the owner requests a discontinuation of agency. The owner may always sell the artwork on his own and pay no commission to The Camblin Gallery.
- Transportation Responsibilities. In addition to listing artwork on Camblin.com, we also make your work available for loan to museums for exhibition and to art galleries for consignment. Owner permission is required on each agreement as interested parties will have differing consignment requirements. Shipping charges, and other handling expenses incurred in the delivery of artworks from the owner to interested parties, shall be the responsibility of the owner. Shipping charges, and other handling expenses incurred in the return of artworks from the gallery to the artist shall be the responsibility of the owner.
- Responsibility for loss or damage; Insurance coverage. The interested party shall be responsible for the safekeeping of all consigned artworks while they are in its custody. The interested party shall be strictly liable to the owner for their loss or damage (except for damage resulting from flaws inherent in the artworks), to the full amount the owner was to have received had the artworks been sold. The interested party shall provide the owner with all relevant information pertaining to insurance coverage of the artworks upon the owner’s request.
- Fiduciary responsibilities. Title to each of the artworks remains with the owner until the owner has been paid the full amount owed him for the artworks; title then passes directly to the owner. All proceeds from the sale of the artworks shall be held in trust by the interested party for the owner. The interested party shall pay all amounts due the owner before any proceeds of sales can be made available to creditors of the interested party.
- Physical location. The interested party shall not lend out, remove from the stated premises, lease or rent the artworks, or change the artworks physical location previously agreed upon, without permission of the owner.
- Pricing; Gallery’s commission; terms of payment. The agent shall sell the artwork(s) at the terms and conditions negotiated with the owner. We do not provide appraisals and do not offer suggested prices. The owner of the artwork provides us with their selling price. We can authenticate a piece of artwork as original and provide guarantees to the purchaser. Payment to the owner shall be made immediately upon receipt of funds from the sale of said artworks. The interested party assumes full risk for the failure to pay on the part of any purchaser to whom it has sold an artwork.
- Agency fee. Our agency fee is based on a percentage model of 20 percent. For example, should the work sell for $10,000, the owner will receive $8,000 and The Camblin Gallery will receive $2,000. This model has the benefit of ensuring that both parties profit as the values continue to rise.
- Privacy. The agent will not disclose the owner’s name without permission from the owner.
- Reproduction. The Camblin Gallery, as copyright holder to Camblin’s artwork, reserves all rights to the reproduction of the artworks. The agent will use photographs supplied by the owner to promote the artworks through means to be agreed to by both parties. In every instance of such use, the agent shall be acknowledged as the copyright owner of the artwork. The agent shall include “Rights © The Camblin Gallery,” with each listing.
- Accounting. The owner shall have the right to inspect any records pertaining to sales of the artworks.
- Termination of agreement. Notwithstanding any other provision of this agreement, this agreement may be terminated at any time by either party, by means of written notification of termination from either party to the other.
- Procedures for modification. Amendments to this agreement must be agreed upon by both owner and agent.
- Miscellany. This agreement represents the entire agreement between the owner and the agent. If any part of this agreement is held to be illegal, void or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof.
- Listing information. Details of the work being consigned are provided by the owner. We need the title of the work, the date, the medium, the dimensions, and any other marks (such as watermarks, notations, or if anything exists on the back). Please include digital photos for use in the listing. A smartphone will do. Send your info to firstname.lastname@example.org