contracts Archives - Art Biz Success https://dy-online.com/tag/contracts/ Trusted Art Business Coaching and Consulting Mon, 08 Dec 2025 15:19:56 +0000 en-US hourly 1 https://wordpress.org/?v=7.1.4 https://dy-online.com/wp-content/uploads/2022/02/favicon-2-150x150.png contracts Archives - Art Biz Success https://dy-online.com/tag/contracts/ 32 32 Written Contracts & Agreements (Curious Monday) https://dy-online.com/contracts-cm/ https://dy-online.com/contracts-cm/#comments Mon, 19 Sep 2016 11:32:37 +0000 http://artbizsuccess.com/?p=23186 Doing business on a handshake seems to be the easiest and best way to do things - until we realize it was a really, really, really bad idea.

Putting terms and conditions on paper will save your butt.

And ... I know that artists don't always go to the trouble to get things in writing.

So, here's what I want to know.

What situations/projects/venues do you have contracts for?

When do you do without contracts?

Have you ever been in a situation in which you would have been better served with a contract? (You kicked yourself by not having a signed agreement.)

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Doing business on a handshake seems to be the easiest and best way to do things – until we realize it was a really, really, really bad idea.

Pastel Portrait by Gillian Lee Smith
©Gillian Lee Smith, Morag. Pastel and Conté on paper, 32 x 25 centimeters. Used with permission.

Putting terms and conditions on paper will save your butt.

And … I know that artists don’t always go to the trouble to get things in writing.

So, here’s what I want to know.

What situations/projects/venues do you have contracts for?

When do you do without contracts?

Have you ever been in a situation in which you would have been better served with a contract? (You kicked yourself by not having a signed agreement.)

Tell us all about your written agreements or your aversion to them by leaving a comment below.

Read about and subscribe to Curious Monday posts.

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Delivering Your Art to an Exhibit Venue: What to Expect https://dy-online.com/exhibit-loan-agreements/ https://dy-online.com/exhibit-loan-agreements/#comments Mon, 15 Nov 2010 16:49:40 +0000 http://artbizsuccess.com/?p=8178 One of the most exciting times in a young art career is delivering your art to an exhibition venue for the first time. You comply with all of the preparation rules, but don't really know what to expect when you arrive at the venue. Here's how this scene should go down.

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One of the most exciting times in a young art career is delivering your art to an exhibition venue for the first time.

You comply with all of the preparation rules, but don’t really know what to expect when you arrive at the venue.

Here’s how this scene should go down.

    1. Someone (someone nice!) is there to greet you and give you instructions for where to place your art.
    2. Art should handled by people who know what they’re doing. Preferably, these people should be wearing white cotton gloves.
    3. Art shouldn’t be stacked directly on top of other art—whether it’s flat or leaning against the wall. If space is a consideration, art should always be separated by large sheets of cardboard to protect against rubbing or scratching.
    4. Often the floor is the only place to put art. This is fine as long as the floor is clean and protected. We used to place cardboard underneath each piece of art on the floor.
    5. The nice greeter-person should check your art to see that it complies with their installation requirements. They should also look at it to see that all of your information is with the piece and that the piece is in good condition. If anything is banged up or broken, the nice greeter-person (called a “registrar” at museums and places that actually have such titles) should make note of it on a loan form.
    6. That’s right! You need a loan agreement. Never leave your art in anyone’s care without a piece of paper.

What’s on a Loan Agreement

Whether it’s called a loan agreement, exhibit contract, or anything else, the piece of paper you sign should state your name (check spelling!) as well as the title, dimensions, and value of each piece you’re leaving in someone else’s care.

Your agreement should be clear that you retain ownership and copyright and that the venue agrees to insure the work while they have it in their possession.

The art should not leave that venue without your written consent.

You get bonus points if you go to the venue with a photo printout of your art that you can attach to the agreement.
The agreement should be signed by both you and a representative for the venue.

If the Venue Doesn’t Have an Agreement

So, this is the ideal scenario, although I’ve certainly left out a step or two. But what if you get to the drop-off place and no one hands you a piece of paper to sign?

It’s for instances like this that you carry your own loan agreements with you. You’ll need 2 copies: 1 for you and another for the borrower. If you print these out at home, you can add an image of the work to the document.

Check out Harriete Estel Berman’s Exhibition Contract in her thorough Professional Guidelines.
 
You should also have a copy of Tad Crawford’s Legal Guide for the Visual Artist on your shelf.

Worst Case

If there is no paper, you didn’t bring your own agreement, and you still want to leave your art there, I suggest getting a photo of an official venue representative with your art. I’m not an attorney, so this isn’t legal advice, but at least you’d have evidence that you left the piece in their care.

Just know: Your art is your responsibility. Treat your art as you would like others to.

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Artist Contracts: She Broke the Rules https://dy-online.com/berman/ https://dy-online.com/berman/#comments Wed, 24 Feb 2010 10:05:30 +0000 http://artbizsuccess.com/?p=5500 Next time you run into a difficult situation, don’t be afraid to take action and be the “maverick.” Use your best judgment along with carefully justified reasoning to determine your course. And always live up to your agreements while continuing to communicate all the way.

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Guest Blogger: Harriete Estel Berman

In her article Break the Rules, Alyson Stanfield said: “Don’t be afraid to break the rules, ignore the rules, or make up your own rules—especially when something isn’t working for you.”

Well Alyson is right and her comment hit home because of a recent experience. Let me explain.
I was invited to lecture at the Loveland Museum in Loveland, Colorado in conjunction with an exhibition including my work titled Integral Elements. The Museum offered to pay my travel expenses and a modest honorarium arranged through emails and phone calls months prior to the exhibition. We were all in agreement.

As the lecture date approached a contract arrived in the mail, NINE PAGES in small type. Yes, 9 pages plus a cover letter instructing me to return a signed copy! It was the standard contract from the City of Loveland, the governance structure within which the Museum operates. However, after several readings, I realized that only the first two paragraphs on the first page applied to my circumstances, along with a short addendum (of a few sentences) stapled to the back.

I won’t describe the whole contract, much of it too convoluted to comprehend. Among the many irrelevant items, some paragraphs required that I “certify compliance under penalty of perjury” with items or clauses referring to an array of Federal, State, and local regulations and ordinances. It even required that my signature be notarized—an expense I did not think was necessary.

What to do? It just seemed overwhelming partly because I did not understand it all.

Ultimately, I could not bring myself to sign the contract. I decided it was time to “break the rules.”

I called up the City’s public art/business services manager and the museum staff. My lengthy voice messages said (in no uncertain terms, though with slightly quivering voice) that I could not sign the contract. Continuing . . . that the clauses in the contract were inappropriate and irrelevant, that I would not pay to have my signature notarized, and more!

However, I also made it clear that I would still come to the opening, give my lecture, and that they could decide to pay me or not. Of course, I wanted to be paid. And with or without a signed contract, I intended to fulfill my verbal agreement with the museum staff to give my lecture and participate in the programs. No contract was going to stop me from doing the best job that I could do.

The reality: I was the first person to make such a fuss!

The City personnel initially told me, “This is our standard contract. We’ve been using it for years and no one else has complained.” That was NOT a good answer. I still refused to sign, but continued plans to participate.

Guess what. Upon my arrival in Loveland, the museum staff told me that my protest finally changed the speaker contract. They had been trying but unable to change it for years. But the City attorneys had listened to me and responded!

The outcome:

1) My worry that the museum staff would be mad at me for refusing to sign the contract was unfounded;

2) The City attorneys drafted a replacement one-page contract;

3) The museum staff was quite grateful to have a new simple contract more suited to their needs; and, best of all

4) We are all happy! Win-win-win.

Next time you run into a difficult situation, don’t be afraid to take action and be the “maverick.” Use your best judgment along with carefully justified reasoning to determine your course. And always live up to your agreements while continuing to communicate all the way.

Harriete Estel Berman is an artist living in California. She is known for using recycled metal in her sculptures that are often charged with social commentary and, simultaneously, filled with humor.
She is also the author of the Professional Guidelines for Artists and the blog askHarriete.

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When you’re not getting paid after the sale of your art https://dy-online.com/nonpayment/ https://dy-online.com/nonpayment/#comments Tue, 01 Dec 2009 15:36:57 +0000 http://artbizsuccess.com/?p=4679 If you’re not being paid by a gallery you know is making sales, your reaction should depend on the answers you give for the five questions in this article. While consignment contracts are vital, they won't help you if the gallery doesn't have the money to pay you. Think about the relationship you have with the gallery right now and what you want that to look like in the future.

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That gallery deal seemed like a great thing, didn’t it? They sold work for you so you could concentrate on other parts of your art business. Yes, it’s a cushy situation . . . until they sell the art and don’t pay you.

If you’re not being paid by a gallery you know is making sales, your reaction should depend on the following. (Incidentally, this applies to non-gallery situations, too.)

Jeannie Paty, Red Tulips with Glasses.
Jeannie Paty, Red Tulips with Glasses. Oil, 16 x 12 inches. ©The Artist

1. What is the situation?
Is this the first time that you haven’t been paid–a more recent phenomenon? Or is the gallery guilty of chronic nonpayment? The former might reveal that the gallery is having financial problems. While this isn’t a good sign, it’s better than the latter. Chronic nonpayment indicates poor business skills and lack of regard for artists. Artist Kathy Partridge recommends checking a gallery’s credit score.

2. What are the terms of your contract?
A contract won’t do you a bit of good if the gallery doesn’t have the money to pay you, but at least you can refer to it in your correspondence or conversation. “Per the terms of our contract, I was to be paid within 30 days of a sale . . . “ If you don’t have a contract with your gallery, get one–even if you have to draft it yourself! I urge you to check out the Professional Guidelines from the Society of North American Goldsmiths (which is useful regardless of the type of work you do).

3. What is your relationship with the gallery?
If they’ve been absolutely wonderful to you, you’re going to respond to nonpayment differently than if they have been unpleasant to deal with. The same is true if you’ve been with them a long time and trust them.

4. How do you envision your future relationship with the gallery?
Do you see this as long-term? Or just a temporary relationship? Are you happy with the direction they’re headed? Happy with their space and their staff?

5. How is the gallerist addressing the situation?
Have they been forthright in their response? Or are they avoiding your calls and email? People who hide from their responsibilities get less sympathy from me.

Keep this in mind: Most galleries want to pay their artists and keep them happy. They want to do the right thing. Help them do this while looking out for yourself. More on that in another post.

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