If the gallery has financial or firm problems for any reason, you want to make sure that all the art and unpaid proceeds of the artworks sold belong to you and that your art that remains in the gallery (or in the gallery-owned installations) is returned to YOU AND YOU ALONE. In other words, insert a clear statement into the agreement that your art and all proceeds from the sale of this art are freed from the creditors` claims. Artists and galleries often do not recognize the extent of their reciprocal responsibilities and rights when they unite in this way. Very few galleries use written forms of agreement and prefer to rely on memory and mutual trust. The artists – grateful for having proposed a “gallery deal” – are naturally hesitant to ask for the use of a written agreement during the negotiations, as this could jeopardize their chances. Although the parties have a very close relationship, the administrative details of this partnership are necessarily numerous and varied, so it will be impossible for both parties to remember exactly what they said to each other, let alone what they agreed upon. This may lead in the future to legal and administrative problems that may undermine or even destroy an otherwise successful partnership. While the “word of honour” does not seem ineffective for collaboration purposes, it is important for the artist and also for the gallery to emphasize that it is a business relationship that can be governed by different types of contracts for sale. Title: when the legal ownership of the works is transferred to the buyer. (This often causes problems. If the artists and the gallery accept that legal property can only be transferred to the buyer if the artist receives the payment, there is much greater legal protection for the gallery, artist and work. If such an agreement is not reached, legal property is generally final if the buyer accepts the purchase of the work – that is, it belongs to the buyer, legally, although it is still hung in the gallery and awaiting payment).
Geographical exclusivity. Which local, regional, national or international regions will cover this representation? When the relationship is just beginning, it`s not a good idea to allow a gallery to represent your art exclusively in vast geographic areas where no other gallery can show or sell it. It`s too early to control — before any of you have an idea of how the arrangement works and especially how your art will sell. Start slowly, see how things are going, and provided things are reasonably right for all parties involved, redesign or expand the geographic parameters of the agreement. For example, suggest that they only represent you within a limited geographic area – z.B. within a 50-mile radius of the gallery. Q: I spoke to a local gallery that wants to give me a show in 6 to 9 months. So far, so good, but I don`t know her very well. What questions should I ask? Should we have a contract? Should I use a standard contract that I find online? What if the gallery doesn`t use contracts? Would an informal agreement be enough? What should be covered by a contract or agreement? Arbitration: If the parties must use an independent arbitrator in the event of a dispute over the terms of the agreement. (To avoid effort and time by going around the courts.) The inclusion of an escape clause in any agreement or contract is also recommended.
For example, if nothing sells after a certain period – say six months – or the agreement does not work simply for other reasons, each party has the right to end that relationship by notifying the other 30 days in writing. Even if there is no written contract, the obligations, rights and obligations between the artist and the gallery are still present, even in the absence of a written contract, as the definition of the terms of a written contract with legal effect is always a protection for both parties.