I understand that completing this application does not guarantee that my work will be accepted into the marketplace and that Creative Exchange is under no obligation to accept my work.
I understand that if accepted, I will need to accept the Creative Exchange Artist/Makers Agreement listed below.
1. General Terms Regarding Sale of Artwork
Gallery shall have the right to sell all of the artwork of Artist provided
during the term of this Agreement.
Artist shall consign possession of all artwork to Gallery for the sole purpose of Gallery selling the artwork.
Artist shall deliver possession of such artwork to Gallery. Artist shall review and approve an inventory list, in which the inventory list shall then constitute the total artwork to which rights are granted under this Agreement.
Artist may exchange work and bring new works pending the approval by at least one owner of the Gallery.
All sales shall require payment in full of all amounts due, including taxes and shipping, prior to releasing possession of any artwork to a purchaser.
For purposes of calculating Commissions (as defined below), the “gross purchase price” shall mean the purchase price, excluding taxes and shipping.
Upon the sale of any artwork, Gallery shall calculate the “net purchase price” of that artwork by deducting from the gross purchase price the following amounts: i. thirty percent (30%) of the gross purchase price, as payment for Gallery sales services (the “Commissions”), ii.any other expenses incurred by Gallery to that date relating to any artwork, including but not limited to marketing costs and expenses, fees, authentication expenses, and broker or other commissions.
Artist shall receive one hundred percent (100%) of the net purchase price.
At the termination of this Agreement, the Gallery shall return any remaining artwork to the Artist at Artist’s expense or renew the Agreement.
The artwork provided to Gallery on consignment shall be available for sale by Gallery for at least six (6) months. Following this term, Gallery shall have the right to renew a six (6) month period OR maintain the consignment on a month to month basis.
Gallery may choose to return any artwork to Artist at any time without cost or penalty.
Gallery is under no obligation to produce a sale of the artwork.
2. Termination
Gallery may terminate this Agreement at any time and for any reason without notice.
Artist has one month to retrieve work held by the Gallery. Any work remaining in the Gallery after one month following notice of termination, belongs to the Gallery.
Artist may terminate this Agreement for any reason but must give notice fifteen (15) days prior by written communication to at least one of the owners of the Gallery.
Regardless of termination by either party, Gallery’s right to receive the Commissions and expense reimbursements stated above shall survive the termination of this Agreement.
3. Payments to Artist
If any artwork is sold by the Gallery during the term of this Agreement, Gallery shall distribute payments to Artist all amounts due to Artist within 10 days after the close of the month during which the sale occurred.
The Gallery reserves the right to withhold payments to the Artist until the cumulative amount is equal to or more than $20.
As used in this Agreement, a “sale” occurs when the purchaser pays the purchase price or its equivalent. In conjunction with such sale, the Artist agrees to execute any documents reasonably requested by Gallery in order to transfer Artistship of the artwork to the purchaser.
4. Indemnity
Artist represents and warrants the following: (i) that Artist has the right to grant all rights granted in this Agreement, including all rights of Artistship rights underlying the artwork; (ii) that Artist has the full right, authority and power to enter into this Agreement and to perform all its obligations hereunder, and (iii) that Artist’s execution, delivery, and performance of this Agreement will not infringe upon the rights of any third party or violate the provisions of any agreement to which Artist is a party.
During and after the term of this Agreement, Artist shall indemnify, hold harmless and defend Gallery, and its agents and employees, against any claims, liabilities, demands, causes of action, judgments, settlements and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising solely out of Gallery’s use or sale of the artwork as authorized by Artist hereunder and/or arising out of a breach of Artist’s representations.
5. Miscellaneous
At all times during this Agreement, Artist shall be responsible for insuring the artwork against all damage and risk of loss, even when such artwork is in the possession of Gallery. Gallery will additionally carry sufficient insurance to cover damage and risk of loss of items held in consignment. Any loss or damages based on Artist’s failure to do so shall be borne solely by Artist.
Nothing herein contained shall be construed to place the parties in the relationship of partners or joint ventures, and neither party shall have the power to obligate or bind the other party in any manner whatsoever.
All terms of this Agreement, information relating to the performance thereof, and the business of the parties, are to be kept strictly confidential by both parties.
This Agreement shall be governed by the laws of the State of Louisiana.
This Agreement contains the entire understanding of the parties. There are no representations, warranties, promises, covenants, or understandings other than those contained herein.
Waiver of any term or provision of this Agreement or forbearance to enforce any term or provision shall not constitute a waiver as to any subsequent breach or failure of the same term or provision or a waiver of any other term or provision of this Agreement.