Online Gallery Consignment Agreement

Please read the terms of consignment below. Once satisfied, fill in the form so we can add your work to the Online Gallery

Terms of Consignment

Artstock’s Online Gallery is only available to registered Artstock Studio Tour artists to exhibits and sells their work; and the Artstock Studio Tour Artist has created and owns the artwork listed in the List of Inventory (the “Artwork”) and desires to exhibit and sell the same; Therefore, the parties agree as follows:

  1. Scope of Agency. The artist appoints the  Artstock Online Gallery to act as artist’s nonexclusive agent for the exhibition and sale of artwork  This agency shall cover only artwork submitted by the artist while this agreement is in force. The gallery shall document receipt of all artworks consigned.
  2. Consignment of Inventory. Artstock Online Gallery accepts on consignment, the artworks listed on the List of Inventory attached to this agreement. Additional lists may be incorporated into this agreement if signed by both parties.
  3. Pricing and Terms of Payment. The gallery shall sell the artworks only at the retail price specified on the List of Inventory. The gallery and the artist agree that the gallery’s commission is to be 25 percent of the retail price of the artwork sold in the ArtStock Galery(s). Both parties must agree to any change to the retail price or the gallery’s commission in advance. Artstock will add an additional 3% in handling fees to the overall price to cover Credit Card fees accumulated during the sale.
  4. Payment. The gallery shall pay the artist all proceeds due the artist within thirty days of sale of any artwork. No “sales on approval” or “on credit” shall be made without the written consent of the artist.
  5. Accounting. The Gallery shall furnish the artist with an accounting every quarterly (3 months). Starting on the first day of June, 2023. Accounting shall identify each artwork sold during the accounting period and the location of all artworks consigned to the gallery that have not been sold. A complete and final accounting shall be provided in the event of termination of this agreement.
  6. Fiduciary Responsibilities. Title to each of the artworks shall remain in the artist’s name until the artist has been paid in full. Upon payment, title then passes to the purchaser. All proceeds from the sale of the artworks shall be held in trust for the artist until the artist is fully paid. The gallery shall pay all amounts due to the artist before any proceeds of sales can be made available to any and all creditors of the gallery.
  7. Loss or Damage. The technical workings of an artwork are the responsibility of the artist(s) to establish and maintain for the duration of the exhibition. Artwork shown in the online gallery must stay free of defects and is the responsibility of the artist to rectify. The artist agrees to make every reasonable effort to correct any defects in a timely manner. Purchased works that develop defects before delivery to purchaser are also the responsibility of the artist to rectify.
  8. Transportation/Shipping of Artwork. Because The Artstock Online Gallery does not retain the physical artwork the artist is expected to make arrangements with the buyer to collect or have shipped any work purchased. If you wish the online gallery to include shipping the additional costs can be added at time of purchase and will require the size (height, length & depth) including packing material and total weight and if insurance of the artwork is required. This shipping fee will be passed along to the artist. Artstock’s preferred shipper is UPS. Otherwise the artwork will be marked that “Due to the nature of our products – shipping costs will be charged seperatly by the artist”.
  9. Promotion. The gallery shall use its best efforts to promote, display and sell all artworks. The gallery shall clearly identify the artist’s name with all artworks and shall include the artist’s name on the bill of sale for any artwork sold by the gallery.
  10. Reproduction. The artist reserves all copyrights to the reproduction of the artworks except as noted in writing to the contrary. The gallery may arrange to have the artworks photographed to publicize and promote the artworks through means to be agreed by both parties. In every such use, the artist shall be acknowledged as the creator and copyright owner of the artwork. The gallery shall include on each bill of sale of any artwork the following legend: “All copyrights to reproduction of the artwork(s) identified herein are retained by the artist.”
  11. Copyright. The gallery shall take all steps necessary to insure that the artist’s copyright in the consigned artworks is protected in the artist’s name.
  12. Security Interest. Title to and a security interest in any artworks consigned or proceeds of sale under this agreement are reserved to the artist. The artworks shall not be subject to claims by the gallery’s creditors. The gallery agrees to execute and deliver to the artist, in the form requested by the artist, a financial statement and such other documents, which the artist may require to perfect its security interest in the artworks. In the event of the purchase of any artwork by a party other than the gallery, title shall pass directly from the artist to the purchasing party. In the event of a purchase of any artwork by the gallery, title shall pass only upon full payment to the artist of all sums due hereunder. The gallery acknowledges that it has no right to and shall not pledge or encumber any artworks in its possession nor incur any charge or obligation for which the artist may be liable.
  13. Duration and Termination of Consignment. The artist and the gallery agree that the initial term of consignment for the artwork shall continue from May 1st through April 30 of the following Year, or until the artwork is sold.  Thereafter, this agreement shall continue until written notification of termination from either party to the other. Within thirty days of the termination notification, all accounts shall be settled. The agreement shall automatically terminate with the death of the artist or if the gallery becomes bankrupt or insolvent, or breaches the agreement.
  14. Indemnification We hope this never happens, but if Artstock Studio Tours gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Etsy (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
  15. Release of Artstock. You release Artstock Studio Tours and its online gallery from any claims, demands, and damages arising out of disputes with other users or parties.
  16. Disputes with Artstock If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
  17. Governing Law. This agreement shall be governed by and in accordance with the laws of the State of North Carolina.