This Agreement, made this ______day of ___________________, _______, is entered into by
_____________________________, hereinafter referred to as the “Artist” and the Hamburg Area Arts Alliance,
a committee under the direction of the Our Town Foundation, hereinafter referred to as “Alliance”.
Now, therefore, and intending to be legally bound, the parties agree as follows:
- This Agreement applies only to work consigned with The Hamburg Area Arts Alliance to be displayed in
The Art & Craft Gallery of Hamburg located at 320 State Street, Hamburg, PA, 19526 - The Alliance reserves the right to determine the acceptability of any item offered for sale. Items
determined not to meet the Alliance’s standards will not be accepted for sale. - The Alliance will decide on the location of your artwork within the Gallery. Artwork may be moved
around to be displayed in the best possible way for the change of seasons or occasions. To accommodate
all participating artists, you may be asked to limit the quantity of your artwork. - Appointments must be made by the Artist prior to dropping off or picking up artwork.
- The Artist will submit work for consignment to sell at 320 State Street, Hamburg, PA. Upon acceptance,
a list of work to be displayed must be provided to the Alliance. This list must include an artist’s ID# (your
3 initials and the number of the piece being displayed), item description, and price at which the item shall
be sold. If any item is removed from display for any reason, the list shall be updated to reflect the
remaining inventory. - It is the responsibility of the Artist to code and price all items before delivery to the Gallery. 2D work
shall have tags affixed to the back and 3D shall have tags affixed to the bottom. If Artist has more than
one of the same item each one must be ticketed individually; however the same code may be used for each
piece. - The Alliance will not accept 2D artwork without proper hanging materials. All wall art must be framed,
matted, or canvas wrapped and have proper wiring for hanging. Prints must be matted and sleeved or
matted and framed. - The Artist shall actively replenish goods as they are sold. In addition, artwork should be changed if pieces
remain unsold for a period of time that exceeds six months. The Alliance has the right to remove any
pieces that have been displayed for six months or longer. The Alliance encourages the Artist to highlight
their display with seasonal touches that draw attention to the work. Additionally, The Alliance has the
authority to contact the Artist if their artwork has not been refreshed or removed within the allotted
timeframe. If the artwork has not been retrieved within thirty days of being requested, it will become the
property of the Hamburg Area Arts Alliance. - An Artist’s biography shall be provided upon delivery of art. The biography shall be presented in a format
conducive to the artist’s work. - Upon delivery of art, it will be inspected for damages by the Alliance. No artwork will be accepted if it
is damaged. - Props and display units for 3D art may be supplied by the artist; however, it will be up to the discretion of
the Alliance if they will be used. If Artist chooses to supply props, they must be identified with the Artist’s
name. - The Gallery of Hamburg will not display any artwork that is for “Display Only” All artwork must by
priced and for sale. - Our Town Foundation acts as an agent of the Artist and will retain 25% of the Artist’s selling price.
- A portion of the consignment income will be used to pay for advertising and other expenses associated
with the co–op. Participating artists are encouraged to promote the Gallery through social media and other
means as appropriate. - The Artist will be paid on or before the 15th day of the month following the month in which the sale is
made. A copy of Artist’s sales will be provided with payment. If checks are not cashed within six months
of being issued, the check will become void. - As a matter of honor, if a customer says they saw your work at The Art & Craft Gallery of Hamburg and
wants to buy it or a print of it, or commission you to produce a piece of art, you are obligated to pay The
Art & Craft Gallery of Hamburg a finder’s fee of 15%. - The Alliance will collect and report all Pennsylvania sales taxes on behalf of the Artist.
- It is the responsibility of each individual Artist to report all income from sales to the appropriate tax
agencies. It is also the responsibility of each Artist to keep appropriate records necessary to report said
income. The Alliance will assume no responsibility for income and tax records for each Artist. - The ownership of artwork remains with the Artist until the work is either donated to the Alliance or sold
and the purchaser has paid in full, at which time the title passes directly to the purchaser. - All copyrights remain the property of the Artist. The Alliance will be permitted to photograph, copy,
reproduce or transfer artwork for publicity and marketing purposes only. The Alliance will not permit any
of the artworks to be copied, photographed, reproduced or transferred digitally by any other party without
written permission by the Artist. - Consigned works may not be removed from the premises for any reason except for purchase, or by the
Artist. When picking up work, Artists, or their representative, will be asked to show identification to
remove work from the gallery. This is for your security. - In the event the Artist does not want their consigned art pieces in the window displays, they must make
note of their concern on that item. - The financial worth of the Artist’s work is to be determined solely by the Artist; employees selling the
work for consignment can guide the Artist’s choices with information acquired through sales, but
ultimately the value of the work must be determined by the Artist with or without the assistance of outside
counsel. - The specified retail price may not be changed without the Artist’s permission.
- The Alliance agrees to take every reasonable precaution in the handling of art work with respect to its
safety and security. While the Alliance does maintain liability insurance, such insurance does not cover the Artist’s property. It will be the Artist’s sole responsibility to maintain appropriate insurance for all
items located on the premises at 320 State Street, Hamburg, PA. - The consigned works will be held in trust for the Artist’s benefit and will not be subject to claim by a
creditor of the Alliance. - Artists agree to respect the rights and privileges of co–Artists as well as the reputation of the store, in that
everyone shares an equal interest in its success. Artists will address personal concerns in confidence with
the director in order to preserve the integrity of the co–op. - An Artist’s membership must be in good standing in order to participate in Arts Alliance or Our Town
Foundation events. The Alliance reserves the right to deny participation if volunteer hours or co–op fees
are not being met. - If the Artist chooses not to renew their membership, does not renew their co–op agreement, or fulfill their
obligation as a member, the Artist will be granted a thirty day period to pick up any unsold artwork. After
the thirty day period, any remaining artwork will be considered as a donation and will then become
the property of the Alliance. - If an Artist chooses to volunteer in lieu of paying the full co–op fee and does not meet the volunteer
requirements, The Hamburg Area Arts Alliance reserves the right to retain the Artist’s portion of
the sale of his/her items, as well as collecting the regular commission from the sale. Thus, instead of
receiving a check for sales, the Artist will forfeit the monies to the Alliance as compensation towards the
annual $60 (or prorated amount) co–op fee. If the Artist’s portion of the sale amount does not meet the
$60 co–op fee (or prorated amount), then the Hamburg Area Arts Alliance reserves the right to hold a
piece or pieces of the Artist’s artwork equal to or greater than $60 until one of three events occurs: (1)
payment for the balance is received, (2) volunteer work is completed, or (3) the piece sells and the Alliance
retains monies equal to the balance due. - Either party may terminate this agreement by giving thirty (30) days written notice with all accounts
settled. This agreement will terminate automatically upon the Artist’s death or if the Alliance becomes
insolvent for any reason.
I have read, understood, and agree with all of the above terms and conditions of this contract. I agree to
indemnify, hold harmless and release the Alliance from liability for any loss or damage to the Artist’s work.