Prospective Consignment Agreement
"Festival" Exhibition August 7 - October 31
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. Registration shall open on July 6 and close on July 31, 2021. There is no fee to register. (Link to form is at bottom.)
2. Eligibility. All media are accepted -- paintings, drawings, photographs, sculpture, etc. Artists must reside or have their studio in Montgomery County & provide proof of address.
3. Warranty. The Artist warrants that their artwork is original, that they created and possess 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 approximately three months from August 7 through October 31, 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 Artist can exhibit from three to six works to occupy display space equivalent to three 24"x30" paintings. All works submitted must be display ready. Art for hanging (framed and unframed) must be wired using eye hooks or d-rings and wire that is a sufficient gauge to hold the weight of the artwork . Wire should not be visible when the painting is hung on the wall. No sawtooth hangers should be used. 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. The gallery has a limited amount of counter/shelf space for three dimensional work that will be allocated by the gallery as equitably as possible. There also is a storage area for additional work to replace inventory that is sold.
6. Prints. Artists selling prints shall provide a standard rack (20x24x36, black with steel frame). All prints must be matted and prints and cards must be protected by a plastic sleeve. The artist must label all prints and cards individually with its price, title and artist's name affixed to the back prior to drop-off. The gallery also has a limited number of card racks that can be used in addition to placing them in print racks.
7. 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 must 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. Images should be cropped to appear as they do on the gallery wall and uploaded with the artist’s registration form following the file labeling instructions on the form.
8. Exclusivity. Artist agrees that all artwork under consignment will be for sale exclusively through the WAP Gallery. Artwork may be promoted on the artist’s website or social media or other commercial platforms, however Artist agrees that purchase of any artwork under consignment will be made only at the WAP Gallery or through the WAP Gallery online store.
9. Transportation Responsibilities. All registrants will be notified by email of the times and procedures for delivering their art on August 1 and 2. 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.
10. 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.
11. 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.
12. Fiduciary Responsibilities. The Gallery shall pay all amounts due the Artist before any sale proceeds are made available to creditors of the Gallery.
13. Monthly Fee and Volunteering. All WAP Gallery artists are required to volunteer to staff the gallery for at least 9 hrs each month and to pay a monthly fee of $25 due at drop-off and on the first of September and October.
14. Staffing the Gallery. Artists who are accepted will receive a link to SignUp.com. Artist agrees to sign up at least 48 HOURS IN ADVANCE for shifts using SignUp.com. The Artist agrees to participate in a training session prior to their volunteering to learn gallery procedures.The Artist agrees to follow Gallery procedures.
15. 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.
16. 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. Artwork that is sold by the Gallery shall remain on display until the end of the exhibition unless the customer has extenuating circumstances that require immediate delivery.
17. 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.
18. 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.
19. 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 10 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.
20. Termination of Agreement. This 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. Regardless of when the agreement may be terminated, the Artist agrees not to remove their artwork that is on display until the end of the exhibition. Prints, cards and counter items may be removed. If the agreement is terminated by Artist, they agree to continue to pay the monthly fee for the remaining months of the exhibition. If the agreement is terminated by the Gallery the Artist must remove their artwork and will not be responsible for any fees after the date of termination. If the Artist paid in advance the fee will be reimbursed for remaining months.