Artist & Arts of Africa Consignment Agreement

 

ARTIST & ARTS OF AFRICA CONSIGNMENT AGREEMENT

 ARTIST:

Name:

Address:

Tel:

and 

THE DEALER: (Arts of Africa, United Kingdom): 

 

I,_____________________________________hereby enter into the following Agreement:

  1. Agency; Purposes. The Artist appoints Arts of Africa as agent for the works of art ("the Artworks") consigned under this Agreement, for the purposes of online marketing and sale. Arts of Africa shall not permit the Artworks to be used for any other purposes without the written consent of the Artist. This agreement applies only to works consigned under this Agreement and does not make Arts of Africa a general agent for any other works.
  2. Exclusive Representation. The Artist hereby appoints Arts of Africa as their sole representation throughout the United Kingdom and anywhere else, to sell or otherwise make available for acquisition to the public, the Artist's Artworks consigned under this Agreement.
  3. Consignment. The Artist hereby consigns to Arts of Africa, and Arts of Africa accepts on consignment, those Artworks listed on the attached Inventory Sheet which is a part of this Agreement. Additional Inventory Sheets may be incorporated into this Agreement at such time as both parties agree to the consignment of other works of art. All Inventory Sheets shall be signed by the Artist and Arts of Africa.
  4. Authority of Accepted Artist’s Works. Works of art may be accepted for consignment only by or by any person designated by either of them in writing as authorized to accept works of art hereunder. Arts of Africa may reject artworks at the Owners’ discretion.
  5. Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.
  6. Duration of Consignment. The Artist and Arts of Africa agree that the initial term of consignment for the Artworks is to be 3 months and that the Artist shall immediately notify Arts of Africa if any of the Artworks consigned under this Agreement is sold or disposed of in any manner. Thereafter, the consignment shall continue until the Artist requests to withdraw any or all of the Artworks or Arts of Africa requests that the Artist remove from the consignment any or all of the Artworks with which request the other party shall comply within 30 days.
  7. Transportation Responsibilities for Sold Artworks. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Artist to Arts of Africa (UK), and to the buyer, shall be the responsibility of Arts of Africa.
  8. Responsibility for Loss or Damage, Insurance Coverage: The Artist shall be responsible for the safekeeping of all consigned Artworks while they are in his/her custody. Upon collection of Artworks from the Artist for shipment to the UK or elsewhere, Arts of Africa shall become strictly liable to the Artist for their loss or damage (except for damage resulting from flaws inherent in the Artworks or as a result of a natural disaster), to the full amount the Artist would have received from Arts of Africa if the Artworks had been sold. Arts of Africa shall provide the Artist with all relevant information about its insurance coverage for the Artworks if the Artist requests this information.

 

  1. Fiduciary Responsibilities. The title to each of the Artworks remains in the Artist until the Artist has been paid the full amount owing to him or her for the Artworks; the title then passes directly to the purchaser. All proceeds from the sale of the Artworks shall be held in trust for the Artist. Arts of Africa shall pay all amounts due to the Artist before any proceeds of sales can be made available to creditors of Arts of Africa.
  2. Notice of Consignment. Arts of Africa shall give notice, by means of a clear and conspicuous sign on their website and online platforms that certain works of art are being sold subject to a contract of consignment.
  3. 11. Pricing; Arts of Africa Commission; Terms of Payment. Arts of Africa shall sell the Artworks and pay the Artist the amount specified on the Inventory Sheet, after deducting the commission that is due to Arts of Africa. Arts of Africa and the Artist agree that the Arts of Africa commission is to be 40 per cent of the Retail Price of the Any change in the Retail Price, or in Arts of Africa's commission, must be agreed to in advance by the Artist and Arts of Africa. Payment to the Artist shall be made by Arts of Africa on the 15th of every month and will include all commissions due for any/all artworks sold. Arts of Africa assumes full risk for the failure to pay on the part of any purchaser to whom it has sold an Artwork.
  4. 12. Promotion. Arts of Africa shall use its best efforts to promote the sale of the Arts of Africa agrees to provide adequate advertising of the Artworks and to undertake other promotional activities on the Artist's behalf. Arts of Africa 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. Arts of Africa and the Artist shall agree in advance on the division of artistic control and of financial responsibility for expenses incurred in Arts of Africa marketing and other promotional activities undertaken on the Artist's behalf. Artist details including full name and address, as well as website (if available) or social platforms, shall be displayed together with their Artworks.
  5. 13. Reproduction. The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the Arts of Africa will not permit any of the Artworks to be copied, photographed or reproduced without the written permission of the Artist. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork. Arts of Africa shall include on each bill of sale of any Artwork the following legend: "All rights to reproduction of the work(s) of art identified herein are retained by the Artist: (Name of the artist)"
  6. 14. Accounting. A statement of accounts for all sales of the Artworks shall be furnished by Arts of Africa to the Artist on the 15th of each month, with the payment of all commissions due.
  7. 15. Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either Arts of Africa or the Artist, by giving a sixty (60) day written notification of termination from either party to the other. In the event of the Artist's death, the estate of the Artist shall have the right to terminate the Agreement or let the contract run until all Artworks in the consignment are sold and due proceeds paid to the artist’s estate by Arts of Africa.
  8. 16. Procedures for Modification. Amendments to this Agreement must be signed by both Artist and Arts of Africa and attached to this Both parties must initial any deletions made on this form and any additional provisions written onto it.
  9. 17. Miscellany. This Agreement represents the entire agreement between the Artist and Arts of Africa. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of Arts of Africa, whether by operation of law or otherwise, without the prior written consent of the In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees in addition to any available remedy.

 

  1. 18. Choice of Law. This Agreement shall be governed by the laws of Zimbabwe/United Kingdom

 Sincerely, _________________________________________________________________________(Artist)  

Sincerely, _______________________________________________________________________(Arts of Africa) 

Length of Contract: From_____________________________________To________________________________

Consented and agreed to: (Artist) Date____________________________________________________________

Consented and agreed to: (Arts of Africa) Date______________________________________________________

Consignment Agreement Artworks List

Title

Medium

Dimensions

Retail Price

Arts of Africa

Commission

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

 

 

Artist 

Signiture______________________________________________Date_______________________

 

Arts of Africa

Owner________________________________________________Date______________________