Legal Agreement

1. ARTIST agrees to pay ENTRY FEES (Non-refundable Application Fee and Additional Entry Fees): $25 entry fee and $5 for each additional entry for up to Three (3) images. If chosen for the exhibition, ARTIST agrees to cover the cost of delivery/transportation of artwork both to and from the gallery.
2. Consignment: The artwork(s) exhibited and/or represented by Gallery of Hermosa, pursuant to this Agreement, are hereinafter collectively referred to as the “ARTWORK” and refers to those artworks submitted by ARTIST to Gallery of Hermosa and accepted by Gallery of Hermosa for exhibition for the duration of the exhibition dates.
3. ARTIST represents and warrants that ARTIST is the creator of the “ARTWORK” and ARTIST has the authority to enter this Agreement with Gallery of Hermosa without the consent of any third party.
4. Gallery of Hermosa will exhibit the "ARTWORK" in an exhibition at Gallery of Hermosa, a brick and mortar gallery located in Hermosa Beach, California, and/or online.
5. In exchange for Gallery of Hermosa’s exhibition of the "ARTWORK," ARTIST grants Gallery of Hermosa the exclusive right to represent ARTIST in the sale of the “ARTWORK” by Gallery of Hermosa.
6. Pricing and Terms of Payment: Gallery of Hermosa shall sell the “ARTWORK” based on pricing listed on ARTIST CaFE listing. The following commission/payment terms will apply to each subject “ARTWORK” sold by Gallery of Hermosa: 60% (payment to ARTIST), 40% (commission to Gallery of Hermosa). Payouts will be based on the net selling price after third-party processing fees if applicable. Gallery of Hermosa is responsible for collecting and paying applicable sales tax.
7. Discounts: Gallery of Hermosa may elect to discount any “ARTWORK” up to ten percent (10%) of the listed price. Payments and Commissions shall be calculated on such discounted price, if any.
8. Commission: During the 90-day period after the exhibit, if ARTIST sells “ARTWORK” directly to a purchaser through contacts established initially through Gallery of Hermosa, then Gallery of Hermosa shall be entitled to a commission of 40% (forty percent) of the selling price. During the exhibit, If ARTIST is contracted for a custom "ARTWORK" from a contact established through the Gallery of Hermosa, then Gallery of Hermosa shall be entitled to a commission of 40% (forty percent) of the selling price.
9. Gallery of Hermosa processes sales and ARTIST payments at the end of the month.
10. ARTISTS outside the United States are responsible for any exchange rate charges or bank transfer charges. Please price works accordingly.
11. ARTIST retains ownership of all “ARTWORK” represented by Gallery of Hermosa until such “ARTWORK” is sold, pursuant to the terms of this Agreement, or otherwise. ARTIST retains copyright to all consigned “ARTWORK” in perpetuity, as governed by law. Gallery of Hermosa shall take the steps necessary to ensure that the ARTIST’s notice of copyright is protected and included in all documentation.
12. Gallery of Hermosa will exert all reasonable efforts to close sales of represented “ARTWORK”. ARTIST agrees to provide Gallery of Hermosa, in a timely fashion and upon request, with any necessary documents or information in support of sales.
13. PROMOTION: All entrants grant Gallery of Hermosa the right to use or publish images of their work to promote the art exhibits, future calls for entries, videos, or the art gallery. Selected entries may be included in our online gallery, on our Facebook page, Instagram, Google+ page, or other social media sites for the purpose of promoting artists and shows. Artist understands that his/her artwork may be photographed for promotional or other purposes.
14. MODIFICATIONS: All modifications of this Agreement must be in writing and signed by BOTH parties. This Agreement constitutes the entire understanding between Gallery of Hermosa and ARTIST.
15. Gallery of Hermosa is not responsible for any damage, breakage, need for replacement, or cost associated with any event that may have occurred during transport or unpacking. Every precaution will be taken in handling the entries, but Gallery of Hermosa assumes no liability for any loss or damage to any artist’s work while in our care, custody, or control, before, during, or after the exhibition. Each artist, if they wish, needs to provide their own insurance. PLEASE PACK TO ASSURE YOUR PIECE IS PROTECTED - Gallery of Hermosa IS NOT LIABLE FOR DAMAGE THAT OCCURS DURING SHIPPING TO THE GALLERY OR RETURNS BACK TO THE ARTIST.
16. SHIPPING YOUR WORK: If works are accepted for the brick and mortar show you will be notified.
17. "ARTWORK" must be picked up after the show. Dates will be provided. Any "ARTWORK" left at Gallery of Hermosa for more than 14 days after Dates provided is subject to sale or disposal without notification or recourse. Please be aware of when the show finishes and make sure we have your return label.
18. Please do not pack your pieces with popcorn packing material. We will not open boxes containing styrofoam popcorn packing.
19. "ARTWORK" must be ready to hang with a strong wire running across on the back.
20. "ARTWORK" requiring glass larger than 16”x20” must use plexiglass. We will not exhibit artwork that does not adhere to this requirement.
21. Gallery of Hermosa reserves the right to use discretion in exhibiting or not exhibiting accepted “ARTWORK.”