Jen Tough Gallery

Standard Consignment and Exhibition Agreement for shows at JTG

We’re excited to work with you and look forward to your being part of a show at Jen Tough Gallery in Benicia, CA.

This is our standard consignment and exhibition agreement that outlines our terms and conditions.

Exhibition. reception and drop off and pick up dates will be relayed to you via email.

If you have any questions at all, please contact Karadan Clark, Assistant Gallery Director at Karadan@JenTough.gallery

Please print out these terms and conditions for reference.

BY SUBMITTING YOUR WORK AND LABELING INFORMATION TO US, YOU AGREE TO THE FOLLOWING TERMS and CONDITIONS:

Dropping off and Picking up work: If you are dropping off and picking up work at the gallery, please do so during regular business hours: Wed - Sun, 12:00-5:00. You will be given a preferred drop off and pick up window.

Shipping Artwork: All artwork must be sent via Fedex or Fedex Ground unless otherwise agreed to in writing by Gallery prior. Work must be sent to hold at a Fedex location to avoid theft of artwork if left after gallery hours. Please note, you are sending to a FEDEX LOCATION/STORE. Do not send to this address via other carriers (ie, UPS, US Mail), or it will be returned to you. Thank you for your cooperation!

HOLD AT FEDEX LOCATION

℅: Jen Tough Gallery

742 Admiral Callaghan

Vallejo, CA 94591

Gallery will retain any shipped unsold work for a maximum of 30 days after close of the above exhibition.

IMPORTANT: Gallery is not liable for any damages incurred to artwork during shipping or delivery to or from the gallery, or while work is out of our control or custody. If artwork is damaged in shipping, it is the Artist’s responsibility to negotiate with the shipping company for damages and insure the shipment. The Gallery will not negotiate with the shipper for damages or loss for any reason

Shipping: All shipping, and/or delivery expenses to and from the gallery are borne by the artist. Gallery will be contacting artists at conclusion of exhibition about return shipping expenses for any unsold work. We are aware this expense can be a burden and we will work with you in holding unsold work if needed. All art must be shipped using clean, re-usable heavyweight cardboard boxes and packing materials. For environmental reasons, we do not allow styrofoam peanuts as packing material. Any packaging that is not reusable for return shipping (ie, was damaged in shipping due to weak box) will be assessed a $50 for re-packaging in addition to the cost of new shipping materials. 

For artists shipping work to gallery, we recommend “Masterpak” art packaging (masterpak-usa.com) or similar type of reusable cardboard boxes. We’ve found these boxes to be reusable many times, and will best protect artwork because of their construction.

Loss or Damage: The gallery shall be strictly liable for loss or damage to any consigned artwork from the date of RECEIPT to the gallery and while the work is in the Gallery’s possession. Gallery is not responsible for any damage occurring during shipping or delivery to or from the Gallery. If damage occurs during shipping or delivery, the Gallery is not responsible for negotiating with the shipping or delivery company or filing any claims. We encourage artists to insure shipments via the service provider and to use the highest quality packaging to avoid any claims and damage.

The Gallery is insured for loss, theft or damage once the artwork is in possession of the Gallery. In the event of loss or damage that cannot be restored or repaired by artist, the artist shall receive the same amount as if the artwork had been sold at the gallery, or 50% of the highest retail price. If restoration is suggested or pursued by the gallery, the artist shall have veto power over the choice of the restorer, or can choose to repair the work themselves and negotiate a fee with Gallery. Artist shall be responsible for all repairs to artwork necessitated by artist’s faulty workmanship.

Insurance. The Gallery shall insure all artwork in it’s possession only if all forms and documents are properly executed by Artist and signed. Any work in the Gallery without proper documentation provided by Artist will not be insured. In the event an insurance claim is made, the gallery shall pay all deductibles. Work is not covered for flood damage, and gallery does not cover artwork that is in transit. All artwork(s) consigned to the Gallery with completed and signed Consignment Agreement, proper labeling, and hanging hardware will be insured against theft, fire and vandalism while in Gallery’s custody. Artwork is not insured while not in Gallery’s custody or when ownership transfers to a Buyer. In the unlikely event of complete loss due to theft, fire or vandalism, the Gallery shall reimburse artist for 50% of the retail cost, or what the artist would have made should the work had sold at full retail price.

PAYMENT + COMMISSION

Commission and Terms of Payment. The gallery shall sell the artworks only at the retail price specified above. The Gallery and the Artist agree that the Gallery's commission is to be 50% percent of the final sale price.

Payment. The gallery shall pay the artist all proceeds due the artist within THIRTY (30) days of sale of any artwork. We mail checks to the above address provided by artists. No “sales on approval” or “on credit” shall be made without the written consent of the artist.

Credit Card Processing Fees: A 4% processing fee will be deducted from both the Artist and Gallery’s commission to cover credit card processing fees (or 2% deducted from each).  This fee is taken directly by the credit card processing company, not retained by Gallery.

Discounts: Artist shall list above the lowest retail price they are willing to accept per work consigned. The Gallery will not go below this price when offering discounts to potential buyers. Gallery has full discretion on offering discounts, how much, and to whom, but Gallery will not go below Artist’s lowest retail price.

Copyright and Ownership: All copyrights belong to Artist at all times while work is at Gallery or in Gallery custody, and is non-transferrable to the Gallery for any reason. Upon sale, ownership of artwork will transfer immediately to the Buyer. Artist will always maintain copyright under all circumstances. Gallery will do due diligence to protect Artist’s copyright of all works consigned to Gallery at all times and to protect the Artist’s interests at all times while work is consigned, and for 12 months post closure of exhibition.

Reproduction Rights for Promotional Purposes Only: Artist gives Gallery permission to use reproduction(s) of the above listed artwork for promotional purposes only, both online and in print, in whole or in part, as promotion for the above listed exhibition and in any and all Gallery communications and promotions, prior to the exhibition, during the exhibition, and 12 months post closure, and in perpetuity for any exhibition catalog. Gallery agrees to give proper credit to Artist whenever possible, except in instances of social media where crediting may be limited. Gallery will always attempt to properly credit artist in all circumstances under our control.

Photography of consigned works The artist reserves all copyrights to the reproduction of the artworks except as noted in writing to the contrary. The Gallery may arrange to have the artworks photographed to publicize and promote the artworks via Instagram, Facebook, printed catalogs, postcards and digital newsletters. In every such use, the Artist shall be acknowledged as the copyright owner of the artwork whenever possible.

Promotion by Artist: The Artist agrees to promote the exhibition, the Artist’s artworks in the Gallery’s custody, and the Gallery, to the best of their ability and without any expense to Artist, to their already established mailing lists and social media networks including Facebook, Instagram and any other free mailing newsletter services (such as MailChimp).

Promotion by Gallery: Promotions of the above exhibition and the work(s) consigned are at the Gallery’s discretion.

Gallery Expenses: Artist is not responsible for any costs associated with gallery space rental, reception costs, utilities, insurance, gallery assistants and staff, marketing, printing, or any other expenses associated with the above exhibition or exhibition catalog, or any other fees or expenses, unless otherwise agreed to in writing.

Security Interest. Title to and a security interest in any artworks consigned or proceeds of sale under this agreement are reserved to the artist. The artworks shall not be subject to claims by the Gallery's creditors. In the event of the purchase of any artwork by a party other than the Gallery, title shall pass directly from the artist to the purchasing party. In the event of a purchase of any artwork by the gallery, title shall pass only upon full payment to the artist of all sums due hereunder. The Gallery acknowledges that it has no right to and shall not pledge or encumber any artworks in its possession nor incur any charge or obligation for which the artist may be liable.

Proper Hanging Hardware: All artwork consigned to gallery must have proper hanging hardware on each piece of work. Hardware must hold approximately 2x the weight of artwork, not be damaged, and be appropriate for gallery installation. Gallery reserves the right to refuse any work without proper hanging hardware, or charge Artists up to $100 for installing proper hardware. 

Right to Refuse Work: Gallery must receive the following before work is consigned and insured by Gallery. Work that is lacking any of these items will not be insured or listed for sale. Gallery reserves the right to refuse receipt of work if incomplete. 

Right of Refusal of Artwork: Gallery reserves the right to not exhibit artwork that does not meet our quality standards and exhibition of artwork is always at the Gallery’s discretion. Refusal to hang could arise from: improper hanging hardware, wet work, damaged work, unfinished work, poor craftsmanship that wasn’t presented in photos, poor construction, dirty edges (fingerprints, scrapes), or any other quality or aesthetic issues not previously known.

Miscellany. All modifications, deletions or additions to this agreement must be in writing and signed by both parties. This agreement constitutes the entire understanding between the parties hereto.

Governing Law. This agreement shall be governed by and in accordance with the laws of the State of California, Solano County.