The parties agree as follows:
I. RIGHT TO SELL. The consignor owns art/handcrafted items hereinafter called ‘artwork’. In accordance with this agreement, consignor grants Hennevelt’s a non-exclusive right to sell his/her artwork under the terms of this agreement. Consignor agrees to deliver to Hennevelt’s, on consignment, the artwork. Hennevelt’s agrees to devote its best efforts to the sale of the artwork. All sales prices and terms of sale shall be agreed to between the consignee and consignor.
II. SALES. The pricing of artwork brought to Hennevelt’s will be determined by mutual consent of the parties and based on a variety of factors like prices of similar work and experience. Once the price is established consignor may not quote lower prices for similar work or sell the same artwork online for lower prices. In the event that artwork present in the gallery is sold by the consignor, online or otherwise, the sale is subject to the normal gallery commission.
III. PROCEEDS OF SALES. Hennevelt’s will pay to consignor a portion of the sales proceeds which shall be calculated as follows:
- 60% for the consignor and 40% for Hennevelt’s of the gross sales price received from the sale of the artwork.
The Consignor’s share of the gross sales price determined in the previous sentence shall be paid to consignor monthly determined as follows: Total gross proceeds for the previous month times Consignor’s percentage as outlined above. The Consignor’s payment will be received by the 15th day of the following month. For example, artwork sold during the month of November is due to the artist by the 15th of December. With each payment Hennevelt’s will submit to consignor a report that shows the amount of the gross proceeds and the calculation of Consignor’s payment.
IV. REPRESENTATION FEE.
- One month of representation $40.00
All representation fee payments are to be made before the 1st day of each and every month in advance by check or cash or via www.hennevelts.com. If payments are not received by the 1st day of the month Hennevelt’s reserves the right to remove the artwork from the gallery.
Monthly fees are non refundable. When consignor decides to remove artwork from the gallery he/she shall notify Hennevelt’s, and identify artwork which will be removed, 14 days before removing the artwork from the gallery.
Failure to pay on time will result in removing the artwork from the gallery. If the fee is not paid by the 21st of the month you will be asked to leave the gallery permanently.
If you decide to leave Hennevelt’s Gallery and/or not to pay the representation fee you have until the end of that month to remove your artwork. If art work is not removed before the end of that month it will be placed in storage with a $50 storage fee attached to it. There by accruing an additional $50 fee every 30 days.
V. EXHIBITION SPACE. There is no set minimum or maximum space to exhibit an artist’s artwork. The amount of space will be determined by mutual consent of Hennevelt’s and the consignor. Hennevelt’s reserves the right to the final decision and can change this at any time when necessary without notice.
VI. PROMOTION. Hennevelt’s shall dedicate its best efforts to promote the sale of the artwork. Hennevelt’s will provide adequate display of the artwork and undertake promotional activities on the consignor's behalf such as keeping an up to date gallery website with images of artwork and information on artists, a Facebook page with an events calendar and images of artwork, adds in local magazines and newspapers and will offer the possibility of an artist exhibit (see VII for terms)
VII. ARTIST EXHIBIT. Every consignor can request a private show of their own artwork. The request has to be made 8 weeks in advance. Hennevelt’s will take care of advertisement, e-mail to all clients on the galleries contact list, internet event postings and ordering of drinks and appetizers. The show will be posted on the Hennevelt’s website and Facebook page. The consignor will be allowed to bring in more artwork and get more space to show artwork for two weeks around the show date. The consignor has to provide a portfolio which contains photos and CV material. The cost of a private exhibit will be shared 50/50 between Hennevelt’s and the consignor. An amount of $150.00 must be prepaid directly after the request is approved and will be deducted from the total thereafter. In case of cancelation of the exhibit by the consignor all costs made will be the responsibility of the consignor. Hennevelt’s retains the right to reschedule and/or postpone an exhibit should and unforeseen event occur, such as, but not limited to extreme weather or power outage.
VIII. RECORDS. Hennevelt’s shall keep accurate records regarding the quantities of the artwork that is sold. Consignor shall have the right to inspect such records from time to time after providing 5 day notice of such intent to Hennevelt’s.
IX. TITLE TO ARTWORK. Consigned artwork shall remain the property of consignor until sold. In case Hennevelt’s decides to take artwork off sale the consignor will be notified immediately by e-mail or, if e-mail is not available, in writing using certified mail. If the artwork is not collected by the consignor within 30 days after such notification or otherwise an arrangement is made, the artwork will become property of Hennevelt’s.
X. LIABILITY. Hennevelt’s shall not be liable for loss, theft or damage of consigned artwork. Hennevelt’s agrees to dedicate its best efforts to protect the artwork from loss, theft or damage during the time the artwork is present at Hennevelt’s Gallery.
XI. CONTACT INFORMATION. It is the responsibility of the consignor to provide Hennevelt’s with up to date contact information. In the unlikely event that artwork is left behind by the consignor, and Hennevelt’s isn’t able to contact the consignor, the left behind artwork will become property of Hennevelt’s after 30 days of the first written notification mailed using certified mail.
XII. DEFAULTS. If Hennevelt’s Gallery fails to abide by the obligations of this Agreement, including the obligation to remit the consignment payment to consignor when due, consignor shall have the option to cancel this Agreement and take Hennevelt’s to binding arbitration to settle any disputes regarding payments due Consignor.
XIII. ADDITIONAL TERMS & CONDITIONS. While represented by Hennevelt’s Gallery consignor may not be represented by galleries or any other venue within the Northwood Village area.