Professional artists, a question about gallery contracts?

Question

I have been invited to sign a 12 month exclusive contract with a reputable gallery that has great national connections and exposure.(this is my first such experience)

If you were in this position what would your top five important issues be.

I would love artists with or without gallery experience to give a top five list of artist centered ideals, to aid in my brainstorming before negotiating this contract.

Of course I have my own....but I think I am in a position to affect a bit of change. (not ego-maniac...just in a unique demographic position in many ways)

Please tell me what you think!!!
=)))))))))


THANK YOU!

Answer 1

I'll try not to be cynical--but I've had years of experience with galleries internationally. (My husband's galleries also.) There is no contract that can protect you from a miscreant who folds owing you upwards of $40,000., is arrested for fraud & has no assets. That being said...
Research the gallery thoroughly--some are "reputable" on the surface, & can maintain for years before surprising everyone. Check the owner/s on line to be sure they haven't a record & have simply moved on to greener pastures. If you have sold, you'll have an "established" price & must never go below that. It sometimes takes awhile to get established in a new gallery, although not always, & if the gallery can be trusted, as your work succeeds, they "should" increase the value according to demand. (Number of sales, commissions, collectors & so on.) If you consign to other galleries outside of the "exclusive" area, keep your prices consistent. Remember that if you sign an all encompassing exclusive, you are limiting yourself to just one gallery, which may not be wise, even if tempting.
Their % of retail is for their costs, AND their exposure of your work, & promotion. It should NOT be more than 50%. As for the contract, I would never sign an exclusive for a year. This would lock you in if they failed to meet their responsibilities. Keep records of every consignment, keep in touch. I sent at the very least, quarterly inventories to ensure (the best I could) that none had sold & not been paid. The best of them, which are few, may respond with a sort of "Oops! We forgot!" & send you a cheque. If ONE cheque bounces, or you're told it was sent, & you didn't receive it, that's your first--& should be your last--red flag. Frankly, from my experience, I would never, ever sign an exclusive. We do need to be professional, & not consign to galleries in the same area. Yet, an "exclusive" should be only when you've had sufficient experience & it would in some way benefit YOU. Again, personally, I wouldn't do this. It limits your exposure. The more your work is seen, the greater your success.
I would say that an exclusive may seem, even if with national connections, a very inviting prospect, but be very cautious.
I have very little to do with other artists. There are "rumor mills" in the art world, & there's always a tad of truth in them, but it's best to KNOW for yourself. I wish you all the very best!

Answer 2

I agree with Puppy Zwolle's answer. The only thing I would add is in regard to payment terms. If you can get anything better than consignment, such as net 30 or COD, then you're *really* in good shape. But if they don't do that for their other artists, they're probably not going to do it for a newcomer (no matter what your demographic advantage may be), and definitely do NOT let this be the matter that screws up the deal. Worst case scenario, you have to wait to sell something in order to be paid---but since they have a track record of selling artwork, and are currently demonstrating their eagerness to sell YOUR work, you probably won't have to wait too long for a check. Also realize that "exclusive" means just that, and that exclusivity is most definitely in the gallery's top five important issues here (probably at or near the top). That means no selling or accepting commissions privately; it all goes through the gallery. If you eventually come to think you can do better for yourself than they can, just don't sign another contract---and don't burn your bridge either.

Answer 3

Honestly am not a professional artist but allow to share something if i were in your shoes:

1. Know the authenticity of the contract you will be entering into an agreement.
2. Always negotiate that you will quote your own price.
3. Always allow a room for termination of the contract if there is a failure on their part.
4. Consult other experienced artists on the subject matter.
5. If you have a lawyer-friend. Get him as a retainer if you have a handsome price in the contract.

Good luck for the success of your project. I hope it will be realized. Have a wonderful day!

Answer 4

I've never had an exclusive contract like that, although I have had people ask me not to show anything in the same town, and that is reasonable enough, but in general I don't put anything on consignment anywhere anymore, I have had the store owner steal my work, I had one store owner closed up and left without notifying me, and took what work I had there with him, I have to go around to all the places that are carrying my work on a weekly basis, and take inventories all the time, checking on them to make sure I got paid for things they sold, I have showed up to find my work lying around under the counter for several months where the owner laid it there, and it never was put out on display. A few of the places were calling themselves galleries, others were boutiques. One gallery asked me to sign a contract for 6 months, and sold one piece, and my work was tied up for that time, where I could have pulled it and put it elsewhere. I show my own work any more, if a store likes it and wants it, great, they can buy it, and I will make it worth thier while to make a wholesale purchase, and even allow them to exchange a piece for something else if they think they aren't going to move it, but I don't put things on consignment anywhere anymore....