ART AND PHOTOGRAPHY CO-FUNDING
The Art and Photography Co-Funding Scheme, in brief, is a contribution-based scheme where we ask the artist to pay a small proportion of our overheads and, in return, should we sell an artwork then we will charge a 33% commission and we will rebate some rent to the artist.
Set out below is an example of the agreement an artist will be asked to sign under the Art and Photography Co-Funding Scheme, covering the situation where an artist or photographer requires a 20 inches x 20 inches area of exhibition wall space. There will be slight variations for ceramacists and jewellery makers, as well as artists/photographers requiring a larger area of exhibition space. If you are outside the UK and wish to exhibit prints we would be happy to accept delivery via services such as Photobox; please contact us for details of our framing fees.
THIS AGREEMENT is dated the
(1) ROGER KEITH DRISCOLL trading as The ALVERTON GALLERY of 5 Alverton Street, Penzance, Cornwall, TR18 2DY (the Gallery).
(2) of (the Renter)
1. Agreement Purposes
By way of a limited and revocable licence granted by the Gallery, the Renter has agreed to rent from the Gallery an area of gallery wall space sufficient to accommodate a picture of maximum size 20 inches x 20 inches for a period of thirty days. For this purpose only the Renter appoints the Gallery as agent for the works of art (“the Artwork”) covered by this agreement, for the purposes of exhibition and sale. The Gallery shall not permit the artworks to be used for any other purposes without the written consent of the Renter. In consideration for the said licence the Renter will pay to the Gallery the sum of £20 (twenty pounds) per 20 inches x 20 inches section of wall space for the said thirty day period, plus a 33% commission on any artwork sold by the Gallery on the Renter’s behalf. The said sum of £20 per area of wall space is payable by the Renter in advance, prior to the Renter’s delivery of the Artwork to the Gallery. The contents of this paragraph and the paragraphs below are subject to the Gallery’s right to refuse any work for display deemed as unsuitable in the Gallery’s absolute discretion.
Upon delivery of the Artwork by the Renter to the Gallery, the Renter hereby loans to the Gallery free of charge, and the Gallery accepts, those Artworks listed on the attached Inventory Sheet which shall form part of this agreement. Additional Inventory Sheets may be incorporated into this Agreement at such time as both parties agree to the loan of other works of art. All Inventory Sheets shall be signed by the renter and the Gallery. All photographs and watercolours must be suitably framed. Original oil and acrylic paintings can be sent either framed or as a stretched canvas. In all cases the artwork should be labelled on the back with the Renter’s name, price and the title of the artwork, and should be fitted with “D-Hooks” and a cord so as to accommodate the Gallery’s hanging system. The Gallery reserves the right to refuse to hang a piece of art that does not comply with this condition, and/or to charge an administration fee of £30 in the event of such non-compliance.
The Renter hereby warrants that (a) he/she created and possesses unencumbered title to the Artworks, (b) their descriptions are true and accurate (c) the Artwork does not infringe the rights of any other party (d) the Renter is the sole copyright owner of the Artwork and (e) all permissions and releases have been obtained.
4. Duration of Loan
The Renter and the Gallery agree that the initial term of the loan of the Artworks and the rental of the wall space shall be thirty days and that the Renter does not intend to request their return before the end of this term. If the artwork sells within the said thirty day period, leaving the 20 inches x 20 inches section of wall space vacant, then the Renter can either supply an alternative piece of artwork for display for the remainder of the thirty day period or, at the Renter’s request, the Gallery will pay to the Renter a rebate at a rate of £0.60p per day for the remainder of the thirty day period. Following the expiry of the thirty day period the continued presence of the Artwork on the Gallery’s walls shall only continue if the Renter pays to the Gallery a further sum of £20 to cover a further thirty day period. Otherwise the Renter shall take back the Artworks within seven days of the conclusion of a thirty day rental period for which the Renter has paid; in default of this the Gallery will be entitled to charge a storage fee to be paid by the Renter at a rate of £5 per week. After a period of six months from the expiry of the said thirty day period, any Artwork uncollected by the Renter shall be deemed abandoned and ownership of any such Artwork shall then pass to the Gallery.
Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Renter to the Gallery, and in their return to the Renter, shall be the responsibility of the Renter.
The Gallery shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. The Gallery shall be strictly liable to the Renter for their loss or damage (except for damage resulting from flaws inherent in the Artworks) to the full amount the Renter would have received from the Gallery if the Artworks had been sold. The Gallery shall provide the Renter with all relevant information.
Title to each of the Artworks remains in the Renter until the Renter has been paid the full amount owed by him or her for the Artworks; title then passes directly to the purchaser. All proceeds from the sale of the Artworks shall be held in trust for the Renter. The Gallery shall pay all amounts due to the Renter before any proceeds of sale can be made available to creditors of the Gallery.
8. Removal from the Gallery
The Gallery shall not tend out, remove from the premises or sell on approval any of the Artworks, without first obtaining written permission of the Renter.
The Renter shall fix the Retail Price for the artworks and should an artwork be sold by the Gallery then the Renter will be paid a commission equivalent to 67% (sixty-seven per cent) of the retail price as specified in the attached inventory. The said retail price is inclusive of the renter’s mounting, framing and delivery costs. Payment to the Renter shall be made no later than the second Friday of the calendar month following the sale. The Gallery assumes full risk for the failure to pay on the part of any purchaser to whom it has sold an Artwork.
The Gallery shall hang, display and label the artworks in line with its usual house style. The Gallery shall use its best efforts to promote the sale of the Artworks. The Gallery agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Renter’s behalf, as the Gallery shall see fit. The Gallery shall identify clearly all Artworks with the Renter’s name, and the Renter’s name shall be included on the bill of sale of each of the Artworks.
The Renter reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. The Gallery may arrange to have the Artworks photographed to publicise and promote the Artworks through means to be agreed to by both parties. In every instance of such use, the Renter shall be acknowledged as the creator and copyright owner of the Artwork.
A statement of accounts for all sales of the Artworks shall be furnished by the Gallery to the Renter within seven days of the end of the rental period. The Renter shall have the right to an inventory of his or her Artworks in the Gallery and to inspect any books and records pertaining to sales of the Artworks.
13. Duration of Agreement
The wall usage shall begin on the day of 2016 and will end on the day of 2016. It is the responsibility of the Renter to ensure that the artwork is delivered and removed in a timely fashion and, in the absence of any agreement to the contrary, this means that the artist must pay the shipping costs of delivery to and from the Gallery and will provide the Gallery with re-usable packing material. Within thirty days of the end of the said period, all accounts shall be settled and all unsold Artworks shall be returned to the Renter at his/her expense.
15. Procedures for Modification
Amendments to this Agreement must be signed by both Renter and Gallery and attached to this Agreement. Both parties must initial any deletions made on this form and any additional provisions written into it.
This Agreement represents the entire agreement between the Renter and the Gallery. If any part of this Agreement is held to be unlawful or unenforceable for any reason this 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. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of the Gallery, whether by operation of law or otherwise, without the prior written consent of the Renter.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
This Agreement has been entered into on the date stated at the beginning of it.