Art Consignment Agreement Between the Rochester International Airport and the Artist Name_____________________________________________________ Address___________________________________________________ ___________________________________________________ Phone Number _____________________________________________ Email _____________________________________________________ The above-named artist hereby enters into the following Agreement with the Rochester International Airport Gallery: 1. Agency; Purposes. The Artist appoints the Gallery as agent for the works of art (“the Artworks”) consigned under the Agreement, for the purposes of exhibition and sale. The Gallery shall not permit the Artworks to be used for any other purposes without the written consent of the Artist. 2. Consignment. The Artist hereby consigns to the Gallery and the Gallery accepts on consignment, those Artworks listed on the inventory sheet provided by the Artist. Attached hereto. 3. Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks and that their descriptions are true and accurate. 4. Duration of Consignment. The Artist and the Gallery agree that the initial term of consignment for the Artworks is to be up to 10 months from the date delivered to the gallery, unless otherwise agreed to in writing. 5. Display. Art work submitted for display shall be display ready adhering to the policies of the Gallery. The Gallery maintains sole control over the display, placement, lighting and labeling of the artwork under consignment. A member of the subcommittee for display of artwork shall be present at the time the work is displayed. Art for hanging in the Gallery shall be appropriate for the Gallery’s system of hanging. 6. Transportation Responsibilities. Arrangements for packing, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of the Artwork from the Artist to the Gallery and in its return to the Artist shall be the responsibility of the Artist. Shipping acceptance and return is not available. The Artist or a designated representative must deliver the Artwork in person to RST and the same applies for pick-up. a) Additional Provisions. If anyone other than the Artist is to pick up the work of Art, written authorization from the Artist must be presented by the person picking up the work. All responsibility for the safe transfer of the work remains with the Artist. 7. Responsibility for Loss or Damage, Insurance Coverage. The Gallery shall not be responsible for the safekeeping of a consigned Artwork while it is in the custody of the Gallery. Due to the Gallery’s inability to establish value of consigned Artwork for insurance purposes, the Artist shall be required to maintain insurance coverage at his or her discretion. The Gallery assumes no liability for losses that may occur. 8. Fiduciary Responsibilities. Title to each Artwork remains with the Artist until the Artist has been paid the full amount owing him or her for the Artwork; title then passes directly to the purchaser. 9. Pricing; Gallery’s Commission; Terms of Payment. The Gallery shall sell the Artwork only at the Retail Price specified by the Artist to include the Gallery’s commission of 20%. Any change in the Retail Price or in the Gallery’s commission must be agreed to in advance by the Artist and the Gallery. Payment to the Artist shall be made by the 15th of the month following the month of sale. 10. Title to Artwork. Title to each Artwork remains with the Artist until the Artwork is sold; title then passes directly to the purchaser. Title passes directly to the Gallery for items not picked-up by the Artist within 5 business days following the end of the consignment/exhibition period or other mutually agreed upon date. 11. Removal from Gallery. The Gallery shall not lend out, remove from the premises, or sell any of the Artwork on approval without first obtaining written permission from the Artist. 12. Promotion. The Gallery shall use its best efforts to promote the exhibition and sale of the Artwork. The Gallery agrees to provide adequate display of the Artwork and to undertake other promotional activities on the Artist’s behalf. The Gallery shall identify clearly all Artwork with the Artist’s name and the Artist’s name shall be included on the bill of sale of the Artwork. 13. Reproduction. The Artist reserves all rights to the reproduction of the Artwork except as noted in writing to the contrary. The Gallery assumes the right to use images of art work to publicize and promote the Artwork through social media, web page, print advertising and newsletters. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork. 14. Accounting. A statement of accounts for the sale of the Artwork shall be furnished by the Gallery to the Artist as indicated under section 9 of this agreement. The Artist shall have the right to inventory his or her Artwork in the Gallery and to inspect any books and records pertaining to the sale of the Artwork. 15. Termination of Agreement. Notwithstanding any other provision of this agreement, the Agreement may be terminated at any time by either the Gallery or the Artist by means of 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. Within thirty days of the notification of termination, all accounts shall be settled and the unsold Artwork shall be returned by the Gallery. 16. Procedures for Modification. Amendments to this Agreement must be signed by both Artist and Gallery and attached to this Agreement. Both parties must initial any deletions made on this form and any additional provisions written onto it. 17. Miscellany. This Agreement represents the entire agreement between the Artist and the Gallery. 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. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of the Gallery, whether by operation of law or otherwise, without the prior written consent of the Artist. 18. Choice of Law. This Agreement shall be governed by the law of the State of Minnesota. 19. A copy of this agreement must be on file at the Rochester International Airport before art is displayed. This only needs to be filed once unless changes to this agreement are made. _______________________________________ Signature of Artist _________________________ Date ___________________________________________ Signature of Authorized Representative for the Rochester International Airport Gallery _____________________________ Date