EXHIBITION AGREEMENT
Scope of Agency
Artist appoints the Coral Springs Museum of Art (CSMOA) to act as artist’s nonexclusive agent in the following geographic area: Coral Springs, FL for the exhibition and sale of artwork in any media. This museum shall cover only artwork submitted by the artist while this agreement is in force. The Coral Springs Museum of Art shall document receipt of all artworks consigned.
Consignment of Inventory
Coral Springs Museum of Art accepts on consignment, the artworks listed on the
Inventory attached to this agreement. Additional lists may be incorporated into this
agreement if an amendments herein, is agreed to and signed by both parties.
Pricing and Terms of Payment
The Coral Springs Museum of Art shall sell the artworks only at the retail price specified on the Inventory. The Coral Springs Museum of Art and the Artist agree that the Coral Springs Museum of Art’s commission is to be 30% of the retail price of the artwork. Any sale of exhibit artwork shall be handled by Coral Springs Museum of Art staff. The Coral Springs Museum of Art will pay the Artist by check the amount of any net sales owed within 30 days after the close of the exhibit and provide an inventory listing of goods sold. Both parties must agree to any change to the retail price or the Coral Springs Museum of Art’s commission in writing by an amendment to this agreement executed by both parties with the same formalities herein. Artist will be contacted in the event there is a sale. The artist will be required to fill out paper required to have a check issued. Any delay in completing the paperwork may result in a delay in payment. You will only be asked to fill out paper if a sale transaction occurs.
Discounts
In the case of discount sales, the Coral Springs Museum of Art’s commission will remain 30% of the sale.
Fiduciary Responsibilities
Title to each of the artworks shall remain in the Artist’s name until the Artist has been paid in full. Upon payment in full, title then passes to the purchaser. All proceeds from the sale of the artworks shall be held in trust for the Artist until the Artist is fully paid.
Loss or Damage
The Coral Springs Museum of Art shall be responsible for the stated value of the work of art in the event of the loss of or damage to such work of art while it is in the possession of CSMOA with the exception of events caused by Acts of God.
Installation and Breakdown of Exhibit
The Coral Springs Museum of Art takes care of the installation and breakdown of the exhibition, unless otherwise agreed between the parties. Artwork must be exhibit ready i.e. no sawtooth hangers, framed and wired only.
Transportation of Artwork
Any and all packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of the artworks shall be borne by the Artist.
Commission
If the Artist sells any artwork directly to a purchaser through contacts established initially through the Coral Springs Museum of Art, then the Coral Springs Museum of Art shall be entitled to a commission of thirty percent (30%) of the selling price only during the time period that the Coral Springs Museum of Art is exhibiting the artwork.
Promotion
The Coral Springs Museum of Art shall use its best efforts to promote, display and sell artworks. The Coral Springs Museum of Art shall clearly identify the Artist’s name with all artworks and shall include the Artist’s name on the bill of sale for any artwork sold by the Coral Springs Museum of Art. The Coral Springs Museum of Art will design and handle fabrication costs of all graphic and promotional materials if created. The Coral Springs Museum of Art agrees to virtually promote the exhibit through its website, social media, and all other branded e-communication. Artist is responsible for distributing marketing materials to Artist’s established network of supporters, when available, and assist in marketing the event through social media avenues, and identifying potential VIPs to be invited. Artist must supply the Coral Springs Museum of Art on site Director/Exhibition staff member with a current biography at the time of submitting the artwork to the Coral Springs Museum of Art.
Copyright
The Artist declares as follows:
That the Artist is the creator of the artwork(s) listed in the Inventory.
The Artist is the owner of the artwork(s) and that the artwork(s) are not affected by any lien, bond, or claim.
That the artwork(s) is original.
That the Artist holds the copyright to the artwork(s).
That the Artist is authorized to use any photograph of the Artists’ artwork(s) for the purposes of reproduction.
That the copyright to the artwork(s) has not been the object of a transfer agreement or of an exclusive licence agreement between the Artist and a collective society or a third party.
The Artist shall take all steps necessary to insure that the Artist’s copyright in the consigned artworks is protected in the Artist’s name.
The Artist understands that the Coral Springs Museum of Art has relied on its representations herein in executing this Agreement.
Reproduction
The Artist reserves all copyrights to the reproduction of the artwork(s) except as noted herein. The Coral Springs Museum of Art may arrange to have the artwork(s) photographed to publicize and promote the artwork(s) through means to be agreed by both parties. In every such use, the Artist shall be acknowledged as the creator and copyright owner of the artwork(s). The gallery shall include on each bill of sale of any artwork(s) the following legend: "All copyrights to reproduction of the artwork(s) identified herein are retained by the Artist."
Duration and Termination of Consignment
The Artist and the Coral Springs Museum of Art agree that the initial term of consignment for the artwork shall continue until the last day of the “Run Dates,” and that the artwork will not to be returned to the Artist prior to the end of the Run Dates.
Miscellaneous
This agreement constitutes the entire understanding between the parties hereto and all negotiations and oral understandings between the parties are merged herein. All modifications, deletions, amendments, or additions to this Agreement must be done only by an amendment to this Agreement in writing and executed by both parties with the same formality herein.
Reception Event
The Coral Springs Museum of Art will host an opening and/or closing reception for the Artist on a date agreed upon by the Coral Springs Museum of Art and the Artist only if they are able to by health and safety standards and practices which shall be decided in the sole discretion of the Coral Springs Museum of Art. The Coral Springs Museum of Art will provide wine, beer, and water for the event for purchase. The Coral Springs Museum of Art reserves the right to ask the public for a suggested donation to the Coral Springs Museum of Art to support the continuation of Museum exhibits and programming.
Governing Law and Venue
This agreement shall be governed by and in accordance with the laws of the State of Florida with venue lying in Broward County, Florida. Any dispute arising out of this contract shall be litigated in the Seventeenth Judicial Circuit, in and for, Broward County, Florida.
Exhibits
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference.
Indemnification
Artist agrees to indemnify the Coral Springs Museum of Art and the City of Coral Springs and all of their respective officers, directors, shareholders, agents, servants, employees, representatives, predecessors, successors, parents, subsidiaries, affiliates, businesses, divisions, attorneys, insurance carriers, and all of their successors and assigns (collectively, the "Indemnified Parties") from any and all action brought against the Indemnified Parties as a result of any loss, damage, injury, or death caused by Artist or its respective officers, directors, shareholders, agents, servants, employees, representatives, predecessors, successors, parents, subsidiaries, affiliates, businesses, divisions, attorneys, insurance carriers, and all of their successors and assigns as a result of the Exhibition.