Creative Exchange
Artist/Maker Agreement
This agreement ("Agreement") is made between you (the "Artist") and Creative Exchange (the "Shop"), located at 301 N Trenton St, Suite 1, Ruston, LA, regarding the consignment and sale of artwork or handmade goods, as outlined below.
1. Representation and Sale of Artwork
The Shop shall have the right to sell all artwork or handmade goods consigned by the Artist during the term of this Agreement.
The Artist shall deliver artwork or goods to the Shop for the sole purpose of sale. Upon delivery, an inventory list must be reviewed and approved by both parties, and will serve as the official record of items covered by this Agreement.
The Artist may exchange or provide new work with the approval of at least one owner of the Shop.
No item will be released to a purchaser until payment in full—including any applicable taxes and shipping—is received.
For commission purposes, the “gross purchase price” refers to the total sale amount, excluding tax and shipping.
The “net purchase price” is the gross purchase price minus:
A 30% commission to the Shop for sales services.
Any additional related expenses incurred by the Shop (e.g., marketing, authentication, brokerage fees).
The Artist will receive 100% of the net purchase price.
Consigned items must remain available for sale for a minimum of six (6) months. Afterward, the Shop may:
Renew for another six-month term; or
Continue the consignment on a month-to-month basis.
The Shop may return any consigned work to the Artist at any time, at no cost or penalty.
The Shop makes no guarantee of sale.
2. Termination
The Shop may terminate this Agreement at any time for any reason, without notice. Upon termination, the Artist will have one (1) month to retrieve any unsold work. Any items not retrieved after that time will become the property of the Shop.
If the Shop attempts to contact the Artist regarding the return or retrieval of consigned work—whether due to termination or at the Shop’s discretion—and the Artist does not respond or fails to pick up the work within 30 days of initial contact, ownership of the work shall transfer to Creative Exchange. This includes situations where the Artist has been contacted but fails to arrange pickup, respond, or otherwise reclaim their work.
The Artist may terminate this Agreement for any reason, provided written notice is given at least fifteen (15) days in advance to one of the Shop's owners.
Commission rights and reimbursement of any pre-sale expenses due to the Shop shall survive the termination of this Agreement.
3. Payments to Artist
Payments due to the Artist will be issued within 10 days after the end of the month in which the sale occurs.
The Shop may delay payment until the Artist’s accrued amount due equals or exceeds $20.
A sale is considered final once the purchase price or equivalent has been paid by the buyer. The Artist agrees to sign any documents reasonably required to transfer ownership of the item to the purchaser.
4. Artist Representation & Indemnification
The Artist represents and warrants that:
They own and have the right to grant all rights to the work, including intellectual property rights.
They have full authority to enter into this Agreement.
This Agreement does not conflict with any other agreements or infringe on any third-party rights.
The Artist agrees to indemnify and hold harmless the Shop and its agents/employees from any claims, damages, or legal actions (including reasonable attorney’s fees) arising from:
The use or sale of work as authorized under this Agreement.
Any breach of the Artist’s warranties and representations.
5. Additional Terms
The Artist is responsible for insuring their work against damage or loss, even while it is in the possession of the Shop. The Shop will also maintain insurance for consigned items.
This Agreement does not create a partnership or joint venture; neither party may bind or obligate the other.
All terms and business details of this Agreement shall remain strictly confidential.
This Agreement shall be governed by the laws of the State of Louisiana.
This document constitutes the entire agreement between the parties. No oral statements or outside representations shall be binding.
A waiver of any provision shall not be deemed a waiver of any future breach or of any other provision.