Terms and Conditions Agreement
1.0 Consignment of Art Work
The Artist (Consigner) hereby consigns to Art/Not Terminal Gallery (Consignee) the Art Work on delivery to the Gallery, on the monthly art pick-up/drop-off date, properly registering art and paying in full the prescribed “hanging fee” for all the artist’s work to be displayed that month. Art will be displayed at A/NT Gallery. The location within the gallery will be at the Gallery’s sole discretion, and the art may be moved within the Gallery during the period of display (consignment period). The consignment period shall be from the consignment (drop-off) date to the termination or pick-up date (typically one month) as listed on the Gallery’s website. Artwork must be undamaged and professionally framed where appropriate. Two-dimensional art must be equipped with a strand of wire or other fixture adequate for secure placement using the Gallery’s hanging system. Only art meeting these conditions will be accepted. Gallery will not be responsible for failure of the hanging system.
2.0 Consignment Fee Agreement
The Artist (Consigner) hereby agrees to pay in full the posted display fee for each item of art for every consignment period the art is in the Gallery. Fees are published below and listed on the Gallery website. Fees are subject to change without notice but will remain constant within a consignment period. This Terms and Conditions Agreement page is the official pricing list and will be the standard to resolve any errors or disputes. All payments of consignment fees are final and not refundable.
2.1 Consignment Fees
Fees for 2-dimensional art are assessed by the horizontal inch, inclusive of all framing material. The standard hanging fee is the greater of $40 or $3 per inch for up to 36 horizontal inches. A discounted rate of $20 or $1.50 per inch applies if the artist volunteers for 8 hours of service in two four-hour shifts during the month that the art is on display. (Example: 15” wide = 15x$1.50 or $22.50 at the volunteer rate.) For Artwork more than 36 inches, the standard rate is $108 plus $1.50 for each inch of width in excess of 36. The volunteer rate is half of the standard rate or $54 plus $0.75 for each inch in excess of 36. (Example: For 42” wide, $54 plus 6x$0.75 = $58.50 at the volunteer rate.) Fees for 3-dimensional art are assessed by square foot of floor space. At the standard rate, the fee is the greater of $40 or $20 per square foot (whichever is greater) of the pedestal on which the piece stands. A discounted rate of $20 or $10 per square foot (whichever is greater) applies to any artist who volunteers for 8 hours of service to the gallery. Work not on pedestals will be assessed at the above formula, applied to the nearest enclosing rectangle for the piece.
2.2 Sale of Registered Artwork
The Consigner may offer for sale the Artwork at prices entered during the registration. The purchase price and other details including the title, Artist name, and medium shall be taken from the Artist’s registration form. It is the Artist’s sole responsibility to assure that all data entered into the registration form are correct, properly spelled, and capitalized. A/NT (Consignee) shall use an electronic payment system for securely processing the customer’s Visa®, MasterCard®, or ApplePay®. Consignee shall remit to the Artist the purchase price of the Artwork, less a 15% sales commission to be retained by the Consignee, within 30 days of the sale and payment. Any loss due to theft, nonpayment, or payment reversal by the purchaser shall be borne by the Artist.
3.1 Bin Prints
An artist may offer bin prints for sale in any month in which the artist has paid, registered artwork on display. The number of prints for any artist will not exceed 5 for each registered piece. Bin items will be removed at the end of each consignment period. Each bin print must be professionally packaged in a waterproof art-quality sleeve with a heavy backing of cardboard or material of similar stiffness. Only twodimensional prints or small original art will be allowed and may be removed or rearranged without notice by Gallery staff. Bin prints must be at least 7 inches at the shorter (rectangular) dimension and not more than 20 inches at the longer dimension. A gallery sale commission of 50 per cent will be assessed on all bin items.
4.0 Risk of Loss; Ownership
The loss of or damage to any Artwork while on the consignee’s premises shall be the full responsibility of the Artist. Consignee will not intentionally commit or authorize any physical defacement, alteration, or destruction of any Artwork. The Artist, upon sale and payment by customer, shall relinquish title to the Artwork, which will pass directly to the purchaser. The artist is responsible for any insurance desired on the Artwork.
5.0 Copyrights and Photography
Artist will allow photographic and digital images of his/her work to be made and used for Gallery administrative and promotional purposes such as brochures, point-of-sale, web media, and print media related to promotion of the Artwork. The right of promotional image display does not in any way convey or transfer the Artist’s copyrights. The Artist is expected to obey all copyright laws and regulations when selecting work for display at the Gallery. Consent to reproduce the Artist’s work for promotional or administrative purposes is hereby given as part of these terms and conditions. If the Artist seeks to limit photography of work in some way, such as the use of flash photography, that must be explicitly noted for each piece of Artwork at hanging. Such notice and the labelling thereof will be the sole responsibility of the Artist.
At the end date of the consignment period published on the calendar of the Gallery’s website, Artist shall promptly and safely remove his/her Artwork from the consignee’s premises without damage of any kind to the Gallery. Consignee shall have no responsibility for an Artwork after the end of the consignment period. Each piece left after the end of the consignment period is subject to a charge of $5 per day. Any artwork not removed by the Artist or agents within 15 days after the end of the consignment period shall become the property of the Consignee, and the Consignee may, at its discretion, retain or dispose of such work in any manner the Consignee chooses.
7.0 Public Relations/Privacy
The Gallery’s name in all its forms (A/NT, A/NT Gallery, Art/Not Terminal, etc.) and its likeness and logos, will never be used without written advance permission given by the Board via motion at a regular Board meeting. The Gallery does not “Partner” and shall not agree to be listed as a partner with any organization or individual. The Gallery can, however, engage in a Host relationship with individuals or community organizations. Distribution of unofficial public relations items or posts by an Artist implying Gallery sponsorship, endowment, or partnership shall not be allowed. The Gallery shall keep, to the best of its ability, the private information, data and financial information of customers secure. A secure point-of-sale, secure banking, and computer network shall be used to protect the private information of Artists and customers.
This agreement is for an indefinite term and shall terminate within 45 days of written notice by either party. On or before termination, the consigner and consignee shall settle accounts due and payable.
Notice required by this agreement shall be mailed to the parties at the address given or to the e-mail address provided on the agreement.
The consignment agreement shall be binding upon and inure to the benefit of both of the parties thereto, their successors and assigns.
11.0 Governing Law
The laws of the State of Washington shall govern this consignment agreement.
12.0 Entire Agreement
This agreement has been read by the Artist (Consigner) and Art/Not Terminal Gallery (Consignee). Both agree that they fully understand the terms and conditions of the consignment agreement. The Artist (Consigner) agrees to these terms and conditions by registering work on the registration form of the Gallery website. This consignment agreement constitutes the entire agreement of the parties thereto. Modification of the consignment agreement can be done only in writing, signed in person by all parties, with copies provided to all parties. Artist accepts these terms by completing the website registration. Consigner accepts all the terms and conditions of the consignment agreement and agrees to all the requirements, guidelines, and conditions detailed.