Blue Genie Art Bazaar 2018 Agreement



Art Consignment Agreement



1. AGENT:


The Artist appoints the Gallery as its agent for the purpose of exhibition and sale of works brought to the BGAB.



2. CONSIGNMENT:

The Artist consigns to the Gallery and the Gallery accepts on consignment, all works on display and stored at the BGAB. The Artist and the Gallery may supplement displayed and stored art works, from time to time. For the term of this agreement, the Artist agrees to maintain inventory at the BGAB. The artist agrees to provide design, materials and installation for display in their assigned area.



3. WARRANTY OF CREATION AND OWNERSHIP:

The Artist hereby warrants that he/she created all of the works of art on display and stored at

BGAB and that the Artist possesses all legal rights in them.



4. TERM:

The term of this Consignment Agreement will be from Nov. 23rd, 2018 until Dec. 24th, 2018 with the rights of either party to terminate this Agreement upon three (3) days' written notice.



5. DELIVERY AND RE-DELIVERY:

Packing and shipping expenses and risk of loss incurred in delivery of works of art to and from

the Gallery shall be the responsibility of the Artist. The Artist is responsible for maintaining supply for the duration of the show.



6. TRUE CONSIGNMENT:

Title to the works of art in the Gallery shall remain with the Artist until sold and the Artist's portion of the sale proceeds are remitted to the Artist. BGAB shall NOT be responsible for any loss or damage occurring during the term of this agreement.



7. PRICING:

The Gallery shall offer the works of art for sale at the prices set forth by the Artist. It will not

accept any lesser price, without the prior consent of the Artist. Absent a prior written agreement, no work of art shall be sold without payment in full.



8. TAX:

The Gallery agrees to collect and pay all sales tax revenue. 



9. GALLERY'S COMMISSION FOR ITS SERVICES RENDERED PURSUANT TO THIS

AGREEMENT:

Commission rate shall be determined upon final tally of total sales. The Gallery shall be entitled to receive a commission equal to 35%- 45% of the sales price of the works of art depending on total amount of final sales tally as determined by the following schedule of rates:

$0-$2,500.00 = 45%

$2,501.00- $7,500.00 = 40%

$7,501.00 and up = 35%



10. PAYMENT:

The Gallery agrees to make payment to the Artist in the form of a check mailed with a detailed

accounting of total number of sales, total sales revenue and commission. Payment shall be

mailed to the address provided by the Artist by January 11th, 2019.



11. RESTOCKING AND EXHIBITION:

The Artist agrees to restock the display area as needed with works of art. The Gallery agrees to provide space for display along with other artists, so as to expose the Artist's works of art to the buying public. All costs associated with providing space shall be paid by the Gallery.



12. REPRODUCTION:

The Artist reserves the copyright in all works of art. The Gallery may, for the sole purpose of

promoting the works of art, photograph them for inclusion in a catalog, or other promotional

materials so long as, in each instance, the Artist is credited as the creator of the work and the

holder of the copyright.



13. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS:

The Gallery agrees to maintain books and records, in the ordinary course of business, showing all activities involving the works of art.



14. MISCELLANEOUS PROVISIONS

This Agreement represents the entire agreement between the parties. If any part of the

Agreement is held to be illegal or unenforceable, such holding will not affect the validity of the

balance of the Agreement. This Agreement shall not be assigned without the prior written consent of the Artist.



15. MODIFICATIONS:

Only written modifications signed by both parties shall be valid.



16. CHOICE OF LAWS:

This Agreement shall be covered by the laws of the State of Texas.



17. MEDIATION AGREEMENT

In the event of dispute, all parties agree to first seek mediation.