Futon Street Gallery Shop 
408 Fulton Street, Troy, NY 12180
(518) 274-8464
Consignment Agreement

Artist: (Name, Address, Email, Website & Telephone Number)

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1.    In order to have artwork exhibited – sold – in the Fulton Steet Gallery Shop (either in the physical shop or on-line) the Artist must be a member of the Gallery by paying a yearly fee.  Basic membership is $35.

2.    Agency; Purposes.  The Artist appoints Fulton Street Gallery as agent for the Artworks consigned under this  Agreement for the purpose of  exhibition and sale both in the physical Gallery and the on-line Gallery.  Fulton Street Gallery shall not permit the Artworks to be used for any other purposes without the written consent of the Artist.  This Agreement applies only to works consigned under this Agreement and does not make Fulton Street Gallery a general agent for any other works.

3.    Consignment.  The Artist hereby consigns to Fulton Street Gallery, and Fulton Street Gallery accepts on consignment, those Artworks listed on the attached Inventory Sheet which is a part of this Agreement.  Additional Inventory Sheets may be incorporated into this Agreement at such time as both parties agree to the consignment of other works of art.  All Inventory Sheets shall be signed by the Artist and Fulton Street Gallery.

4.    Authority of Accepted Artist’s Works.  Works of art may be accepted for consignment only by the Director, or any person designated by the Director, in writing, as authorized to accept works of art hereunder.  Fulton Street Gallery may reject artworks at the Director’s discretion.

5.    Warranty.  The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.

6.    Duration of Consignment.  The Artist and Fulton Street Gallery agree that the initial term of consignment for the Artworks is four months and the Artist does not intend to request their return before the end of this term.   The artwork shall be on display in the Shop for two months.    During the additional two months the Artwork may be on display in the Shop or shown on the Fulton Street Gallery website.

7.    Transportation Responsibilities.    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 Fulton Street Gallery are the responsibility of the Artist.  Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from Fulton Street Gallery to the Artist, shall be the responsibility of Futon Street Gallery.

8.    Responsibility for Loss or Damage, Insurance Coverage.  Fulton Street Gallery shall be responsible for the safekeeping of all consigned Artworks while they are in their custody.  Fulton Street Gallery shall be strictly liable to the Artist for their loss or damage (except for damage resulting from flaws inherent in the Artworks), to the full amount the Artist would have received from Fulton Street Gallery if the Artworks had been sold.  Fulton Street Gallery shall provide the Artist with all relevant information about its insurance coverage for the Artworks if the Artist requests this information.
9.    Fiduciary Responsibilities.  Title to each of the Artworks remains in the in the name of the Artist until the Artist has been paid the full amount owing him or her for the Artworks; title then passes directly to the purchaser.  All proceeds from the sale of the Artworks shall be held in trust for the Artist.  Fulton Street Gallery shall pay all amounts due the  Artist before any proceeds of sales can be made available to creditors of Fulton Street Gallery. 
10.    Pricing -Gallery's Commission - Terms of Payment. Fulton Street Gallery shall sell the Artworks only at the Retail Price specified on the Inventory Sheet. Fulton Street Gallery and the Artist agree that the Fulton Street Gallery’s commission is as follows:
COMMISSION RATES
Juried show artists (no hours) - 60/40%
Members (2 hours monthly) - 70/30%
Associates (2 hours weekly) - 80/20%
Sustaining Associates (4 hours weekly) - 90/10%

of the retail price of the Artwork.  Payment to the Artist shall be made by Fulton Street Gallery on the 15th of every month following the sale of the Artwork and shall include all commissions due for any/all artworks sold. 
11.      Promotion. Fulton Street Gallery shall use its best efforts to promote the sale of the Artworks. Fulton Street Gallery agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Artist's behalf. Fulton Street Gallery shall identify clearly all Artworks with the Artist's name, and the Artist's name shall be included on the bill of sale of each of the Artworks.   Fulton Street Gallery and the Artist shall agree in advance on the division of artistic control and of financial responsibility for expenses incurred in Fulton Street Gallery's exhibitions and other promotional activities undertaken on the Artist's behalf.
12.     Reproduction. The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. Fulton Street  Gallery will not permit any of the Artworks to be copied, photographed or reproduced without the written permission of the Artist, except for selling through Fulton Street Gallery’s website.  In that case, the photograph will not be more than 92 pixels per inch. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork.
13.     Accounting.  A statement of accounts for all sales of the Artworks shall be furnished by Fulton Street Gallery to the Artist on the 15th of each month, with the payment of all commissions due. The Artist shall have the right to inventory his or her Artworks in the gallery and to inspect any books and records pertaining to sales of the Artworks.
14.     Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either Fulton Street Gallery or the Artist, by giving a sixty (60) day 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 all unsold Artworks shall be returned by Fulton Street Gallery.
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.
16. Choice of Law. This Agreement shall be governed by the law of the State of New York
______________________________________Artist
____ _________________________________Date of Signature
______________________________________Fulton Street Gallery
______________________________________Date of Signature