Prospective Consignment Agreement
"Hope & Pride" Exhibition May 7 - July 25
1. Purpose. The Artist appoints the Wheaton Arts Parade as agent for the works of art listed in their online registration form for the purposes of exhibition and sale at the Wheaton Arts Parade Gallery, Westfield Wheaton Mall, Wheaton, MD. The Gallery shall not permit the Artworks to be used for any other purposes without the written consent of the Artist. Registration shall open on April 6 and close on May 1, 2021.
There is no fee to register.
2. Eligibility. All mediums are accepted, space permitting. Artists must reside or have their studio in Montgomery County & provide proof of address.
3. Warranty. The Artist warrants that he/she created and possesses unencumbered title to the artwork and that their descriptions are true and accurate.
4. Duration of Consignment. The Artist and the Gallery agree that the term of consignment for the art is for three months from May 7 through July 25, 2021. This agreement shall remain in effect unless terminated in writing by either party.
5. Display. The WAP Gallery reserves the right to determine what artwork will be exhibited based on size, medium, and content in an effort to maintain a diverse representation of local artists. Depending on the size of the artwork, the Artists can exhibit from three to six works to occupy display space equivalent to three 24"x30" paintings. The gallery has a limited amount of counter/shelf space for three dimensional work and there is a storage area for additional work to replace inventory that is sold. All works submitted for display shall be display-ready. Art for hanging (framed and unframed) shall be wired. Unframed works shall have finished edges using the medium used to create the work. Artwork that is not ready for hanging may not be accepted. The Gallery maintains sole control over the display, placement, lighting and labeling of the artwork under consignment. Artists selling prints shall provide a standard rack (20x24x36, black with steel frame) and an inventory of prints. All prints and cards shall be protected by a plastic sleeve and all prices, title and artist's name need to be marked on the back.
6. Virtual Gallery. All artwork on display at the WAP Gallery (excluding prints and cards) will also be "exhibited" and sold on the WAP on-line store. Artists shall provide the Gallery with high quality digital images of their artwork. Images should be taken without distortion from the angle of the camera and without shadows or glass reflection. Natural lighting is preferred. It is best to remove artwork from glass frames to photograph. There are numerous tips available on the internet for photographing art. Images should be cropped to appear as they will on the gallery wall and uploaded with the artist’s registration form following the file labeling instructions on the form.
7. Transportation Responsibilities. All registrants will be notified by email of the times and procedures for delivering their art on May 2 or May 3. Artists are responsible for delivering their artwork to the gallery during the designated times and for retrieving their unsold artwork at the end of the show. If anyone other than the Artist is to pick up works of art, written authorization from the Artist must be presented. All responsibility for the safe transfer of the Artwork remains with the Artist.
8. Responsibility for Loss or Damage, Insurance Coverage. The Gallery shall not be responsible for the safekeeping of consigned Artworks while they are in its custody. Due to the Gallery’s inability to establish value of consigned Artwork for insurance purposes, the Gallery assumes no liability for loss or damage that may occur. The Artist shall maintain insurance coverage at his or her discretion.
9. Pricing/Payment; Gallery’s Commission; Terms of Payment. The Gallery shall sell the Artworks only at the Retail Price specified by the Artist. Any change in the Retail Price or in the Gallery’s commission must be agreed to in advance by the Artist and the Gallery. The Gallery’s commission on the Artist’s monthly sales is 10%. Fees charged by Square for credit card purchases will be deducted from the sales revenue before the gallery commission is calculated. Payment to the Artist shall be made by the 15th of the month following the month of sale. Artist payouts of less than $20 may be accrued until that amount is reached or no later than three months. All artwork on exhibit in the WAP Gallery's on-line store during the 3-month exhibit is subject to the 10% commission regardless of how it is sold such as privately by the artist or through some other commercial platform.
10. Fiduciary Responsibilities. The Gallery shall pay all amounts due the Artist before any sale proceeds are made available to creditors of the Gallery.
11. Monthly Fee. WAP Gallery artists are required to volunteer to staff the gallery for at least 12 hrs each month and to pay a monthly fee of $25. HOWEVER, DURING THE COVID PANDEMIC THE VOLUNTEER REQUIREMENT IS WAIVED and the monthly fee to exhibit is $40, due at drop-off and on the first of each month. Artists who are able to volunteer to staff the gallery will be reimbursed a portion or all of their fee depending on the number of hours they volunteer. In addition, the gallery is temporarily able to provide a nominal benefit of $30 to volunteers for each 3-hr shift they volunteer beyond 3 shifts (9 hours.) To manage this incentive program the following procedures are effective February 1, 2021:
All artists will deposit $40 when they drop off their art and at the beginning of each subsequent month that the artist continues to exhibit.
Artists who volunteer to staff the gallery at least 1 shifts (6 hours) will be reimbursed $10 at the end of the month. This means their fee for exhibiting that month will have been $30.
Artists who volunteer to staff the gallery at least 2 shifts (6 hours) will be reimbursed $20 at the end of the month. This means their fee for exhibiting that month will have been $20.
Artists who volunteer to staff the gallery at least 3 shifts (9 hours) will be reimbursed $30 at the end of the month. This means their fee for exhibiting that month will have been $10.
Artists who volunteer to staff the gallery at least 4 shifts (12 hours) will be reimbursed $40 at the end of the month. This means their fee for exhibiting that month will have been $0.
Any artist who volunteers to staff the gallery for more than 3 shifts (9 hrs) will be compensated with a nominal benefit of $30 for each 3-hr shift above 3 shifts. Thus, a volunteer who volunteers for 4 shifts will receive $30, in addition to being reimbursed their entire $40 deposit.
All artists continuing to exhibit will still be required to maintain a deposit $40 at the beginning of each month. Artists may apply their reimbursement toward this deposit.
12. Staffing the Gallery. Artists who volunteer to staff the Gallery agree to sign up for shifts using SignUp.com. Volunteers shall follow Gallery procedures for maintaining sanitary conditions including wearing a mask, respecting a safe social distance, and sanitizing hands and surfaces regularly.
13. Title to Artwork. Title to each of the Artworks (prints and photographs excluded) remains with the Artist until the Artwork is sold. Title then passes directly to the purchaser. Title passes directly to the Gallery for items not picked-up by the Artist within 30 days following the end of the consignment agreement or another mutually agreed upon date.
14. Removal from Gallery. The Gallery shall not lend out, remove from the premises, or sell on approval any of the Artworks without first obtaining written permission from the Artist.
15. Promotion. The Gallery and artists will promote this show through their social media channels. The Gallery will promote the sale of artwork in its newsletter and on its website. The Gallery shall identify clearly all Artworks with the Artist’s name and the Artist’s name shall be included on the bill of sale of each of the Artworks.
16. Reproduction. The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. The Gallery assumes the right to use images of artwork to publicize and promote the Artworks through social media, web page, print advertising and newsletters. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork.
17. Accounting. A statement of accounts for all sales of the Artworks shall be furnished by the Gallery to the Artist on a regular basis as indicated under Section 9 of this agreement. The Artist shall have the right to inventory his or her Artworks in the Gallery and to inspect any books and records pertaining to sales of the Artwork.
18. Termination of Agreement. The Agreement may be terminated at any time by either the Gallery or the Artist by means of written notification of termination from either party to the other.