3Cs Art Collective's Main Street Gallery - Art Consignment Policies
Agency.
The Artist will appoint 3Cs as agent for the exhibition and sale of the accepted works of art.
Consignment.
The Artist consigns their Artwork(s) to 3Cs, and 3Cs accepts on consignment the Artwork(s) that are listed in the Record of Consignment in Appendix A of this agreement.
Warranty.
The Artist hereby warrants that he/she/they created and possess unencumbered title to the Artworks and that their descriptions are true and accurate.
Duration of Consignment.
The Artist agrees that the initial term of consignment for the Artworks to 3Cs shall be from the date the Artworks are delivered to 3Cs until Artworks are picked up or shipped back, unless otherwise agreed to in writing.
Transportation Responsibilities.
Arrangements for 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 3Cs and in their return to the Artist shall be the responsibility of the Artist.
Artists will receive notification with options to pick up or return ship. 3Cs will return Artwork(s) in the same packaging as received so please use boxes and materials that can be reused for artwork safekeeping.
All works must be removed from 3Cs Art Collective within 14 days of notification. 3Cs is not responsible for loss or damage to any Artworks remaining at 3Cs for more than 14 days after the end of the term of consignment. Any artworks remaining with 3Cs more than 14 days after the term of consignment ends or more than 14 days after this agreement is otherwise terminated, will be deemed property of 3Cs and may be moved to offsite storage, donated, or sold, without notice to the Artist or proceeds from any such sale paid to the artist.
*If anyone other than the Artist is to pick up works of art, written authorization from the Artist must be presented by the person picking up the works, or the Artist shall provide 3Cs a written authorization via email identifying the individual(s) authorized to pick up the works.
Display.
3Cs maintains sole control over the display, placement, lighting, and labeling of the Artwork under consignment.
All artworks submitted for display shall be ready adhering to the policies of 3Cs:
All 2D Artwork shall be able to be hung by a single nail, unless otherwise approved due to weight.
All Artworks on paper and the like must be framed and also shall be able to be hung by a single nail.
Please paint stretched canvas edges that are not framed.
All 3D work must be able to be positioned securely on a flat surface without any braces or securing devices.
3Cs reserves the right not to hang or display any work that does not abide by specifications or that is unprofessionally presented.
Commission and Payments.
3Cs' commission shall be 30% of the final sale price of the artwork. Payment to the Artist of the Artist's share of the sale proceeds (the sale price minus 3Cs' commission) shall be mailed to the Artist via USPS to the address listed on this agreement within 14 days of receipt of the sale.
Ownership.
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.
Discounts.
The Artist may authorize 3Cs (in 3Cs' discretion) to offer a discount of no more than 10% of the retail price to a potential buyer in order to effectuate a sale. (This will be an option available upon accepted work.)
Removal from Gallery.
3Cs shall not lend out, remove from the premises, or sell any of the Artworks on approval without first obtaining written permission from the Artist.
Sold artworks will remain on display until the end of the exhibition term unless it otherwise effectuates the sale. Artist will be notified at time of sale receipt.
Liability and Replacement Value.
3Cs shall be liable for loss or severe damage to any consigned artwork from the date of delivery until the artwork is returned to the artist or delivered to a purchaser, except in situations when the Artist installs faulty hardware. The Artist shall specify the retail price of each Artwork in Appendix A. For purposes of Colorado Revised Statutes § 6-15-102(4), the value of each original Artwork (e.g. painting , sculpture) shall be 70% of the retail price listed in the Record of Consignment, and the value of each reproduction reprint (e.g. digital photographic print or giclee) shall be the actual replacement cost of the work.
Studio Sales to 3Cs Patrons.
If the Artist sells any artworks that are not Artworks consigned under this agreement directly to a purchaser through contacts established initially through 3Cs, 3Cs' website, or 3Cs' social media marketing efforts, or other efforts including commission opportunities, then 3Cs Art shall be entitled to a commission of 25% of the selling price.
Promotion and Reproduction.
3Cs shall use its best efforts to promote the sale of the Artworks and assumes the right to use images of Artworks to publicize and promote the Artworks through social media, website, print advertising, newsletters, postcards, etc. unless otherwise agreed in writing. In every instance of such use, the Artist shall be acknowledged as the creator of the Artwork, except when the design does not allow for individual credit such as when multiple items are created in a collage.
Termination of Agreement.
Notwithstanding any other provision of this agreement, the agreement may be terminated at any time by either 3Cs or the Artist by means of written notification In the event of the Artist's death, the estate of the Artist shall have the right to terminate the agreement.
Miscellany.
The agreement represents the entire agreement between the Artist and 3Cs. If any part of this agreement is held to be illegal, void, or unenforceable in relation to any other part: in such case, the document shall be construed as if such invalid or unenforceable provision had not been included. 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.
Choice of Law.
This agreement shall be governed by the law of the State of Colorado.
* Email communication only available at this time
