Consignment. The Artist hereby consigns to The Dealer, and The Dealer 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 the Director of {CTS} creative thriftshop.

Duration of Consignment. {CTS} creative thriftshop will hold the consigned work for 12 months. All the rights stated in this contract will be automatically extended for 6 months following the last exhibition or event to occur within the agreed upon one year period. During these 6 months all of the terms of this contract will apply, with the exception that rights of consignment will not be extended by the dealer for exhibitions or events that occur during the extension. If artworks are needed for exhibition or other event by artist, {CTS} creative thriftshop, will, if able, exchange work for another comparable piece.

The Artist and The Dealer agree that the initial term of consignment for the Artworks is to be 12 months and/or 6 months after an art fair which ever is the latest, and that the Artist does not intend to request their return before the end of this term. Thereafter, consignment shall continue until the Artist requests the return of any or all of the Artworks or The Dealer requests that the Artist take back any or all of the Artworks, with which request the other party shall comply within 30 days, in accordance with the terms of this contract. In either event the Dealer will remain entitled to the agreed upon 20% commission for the duration of the 12 month agreement if the work is sold by the Artist or a Third Party.

Pricing: Gallery’s Commission, Terms of Payment. In the event a work of art is sold, the Dealer will pay artist their portion of the sales price within thirty (30) business days of the payment clearing and sold goods being received. Until the Dealer has received full payment for works of art sold, the work shall remain in the custody of the Dealer. In the event that a work of art is sold, Artist will receive 50% of the agreed upon sales price, as specified above. The representing dealer {CTS} creative thriftshop will receive 50%. Discounts of up to 20% shall be awarded at the Dealer’s discretion, and will be split evenly between all parties.
In the event a work of art is sold, the Dealer will notify the Artist within seven days of the sale by telephone or e-mail. Artist understands and agrees that {CTS} creative thriftshop cannot guarantee the sale of art work, therefore the {CTS} creative thriftshop does not promise, pledge, or warrant any exchange of funds if no sale is made.

Fiduciary Responsibilites. Title to each of the Artworks remains with 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. The Dealer shall pay all amounts due the Artist before any proceeds of sales can be made available to creditors of The Dealer.

Framining; Mounting; Printing Production. It is the responsibility of the Artist to provide The Dealer with Artworks that are ready to hang, exhibit, and/or sell. If The Dealer will be framing, mounting, or otherwise aiding in the production of the Artwork, The Dealer and the Artist agree that The Dealer expense will be factored into the retail price or deducted from and full compensation for such will be given to The Dealer upon the sale of Artwork. Should the Artist request the Artwork to be returned to the Artist as outlined in this agreement, the Artist will compensate The Dealer for the wholesale cost of the expenses before the Artwork is returned. Should the Dealer aid the the securing of grants, private or public support or funding for the production of artworks or events the Dealer shall be compensate 50% of those said amounts.

Transportation Responsibilities. Artist is responsible for the delivery and return of artwork.
Packing and shipping charges, insurance costs, other handling expenses, as well as the risk of loss or damage incurred in the delivery of Artworks to and from the Artist to The Dealer are the responsibility of the Artist.

Responsibility for Loss or Damage, Insurance Coverage. Although the Dealer will take every reasonable precaution to prevent damage, loss or theft of the art, the Artist understands that the Dealer assumes no liability or responsibility for damages, lost, or theft that may occur to the artist’s property while in possession of the {CTS} creative thriftshop as well as during any shipping or transit of the artworks items. Therefore the artist will hold the Dealer harmless in the event of such an occurrence. In the event that artwork is damaged by a third party, the responsibility to acquire compensation for the damage(s) shall be that of the Artist and never the Dealer. Artists who works are installation, performance based, or submit proposals that can be construed as potentially hazardous, dangerous, or physically challenging to the public, staff, or themselves should carry a form of Personal, Public, and/or Event Liability Insurance. It should cover compensation to it’s members and the public in the event of accidental injury, damage to property or obstruction, trespass, nuisance, or interference with any right of air, light or water in conjunction with artist performance, artwork, or activity. The Dealer will absolutely not in any situation be responsible for such claims or occurrences.

Authority of Accepted Artists Works. Works of art may be accepted for consignment only by the Director of {CTS} creative thriftshop in writing. Only the Director is authorized to accept works of art hereunder. The Dealer may reject artworks at the Director discretion.

Promotion. The Dealer shall use its best efforts to promote the sale of the Artworks. The Dealer agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Artist's behalf. The Dealer 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.

Reproduction. The Artist reserves all rights to the reproduction of the Artworks, except as noted in writing to the contrary, and grants The Dealer rights to the reproduction of any and all of the Artworks in the Artist portfolio for publicity or promotional purposes. Images of the Artworks in exhibitions or events organized or promoted by The Dealer will remain property of The Dealer and will be allowed to be used for promotional purposes while Artist is under contract and in the event that Artist and The Dealer cease to maintain a relationship. Unless notified in writing to the contrary, the Artist will permit any of the Artworks in their repertoire to be photographed, sketched or otherwise reproduced for non-commercial use in (i.e. in educational institutions, publications, press and for publicity purposes by {CTS} creative thriftshop and or the general public. The Artist shall be acknowledged as the creator and copyright owner of the Artwork. The Dealer shall be acknowledged as the representative of the Artwork any time the Artwork or reproductions of the Artwork are shown, regardless of whether the exhibition or publication is the result of action on the part of The Dealer, or the Artist. The following legend will be provided by both The Dealer and The Artist when request for credit information is cited: "All rights reserved “© Artist Name, Title, Year, Material, Size. Image courtesy of {CTS} creative thriftshop New York.” Should the artist have a website, blog, or like-wise on-line presence The Artist will note The Dealer’s contact information and or link to {CTS} creative thriftshop’s website on their website in the contact or about section.

{CTS} creative thriftshop
Lynn del Sol
718 569 0903
Brooklyn, New York. USA

Accounting. A statement of accounts for all sales of the Artworks shall be furnished by The Dealer to the Artist at the end of the months of February and September, with the records of all payment and commissions due and/or paid. The Artist shall have the right to inventory his or her Artworks in the gallery and/or storage facility and to inspect any books and records pertaining to sales of their Artworks at this time. The Dealer will at no time, under no circumstances, make available to the Artist or the general public the contact information of purchaser. The Artist and general public will have access to the Name(s) of the Individual and/or Public Collection only. The Artist will be paid as a 1099 and is responsible for it’s own book keeping and accounting. The Artist will supply the Dealer with a signed W-9 and photocopies of their Social Security Card, Driver’s License, and Passport (photo page).

Statements of Account. The Statement of Account furnished by {CTS} creative thriftshop, to the Artist, shall include the following: A listing of all consigned Artworks sold or loaned during the period covered, the date, price, and terms of sale or rental, the amount of money due to the artist and the commission of the artist from each sale, the names of the purchasers or hirers. The Statement of Account will also include an inventory list with the location of all unsold work if not physically located at the gallery. Also at the time that this documentation is provided, the Artist may request to review the Dealers records. This review will take place in the presence of the Dealer, and the the documents available to review will at no time include the personal or contact information of purchasers or hirers.

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

Procedures for Modification. Amendments to this Agreement must be signed by both Artist and {CTS} creative thriftshop and attached to this Agreement. Both parties must initial any deletions made on this form and any additional provisions written onto it.

Termination of Account. If or any reason either party wishes initiate the dissolve of the exclusivity portion of this contract, this can be done with 60 days written notice to the other party. With this dissolve, all unsold artworks will be arranged for by the artist and returned to the artist within 30 days of the receipt of notification. All financial obligations between the Artist and The Dealer will be settled according to the terms of the original agreement. Artworks that have been unsold at the time of termination but have been consigned or made available to {CTS} creative thriftshop will be held to their contractual agreement for the duration of the original terms of this contract in the event of sale by any party. {CTS} creative thriftshop will continue to receive 20% of the price all consigned works regardless of who makes the sale, for the duration of this original agreement.

Miscellaneous. This Agreement represents the entire agreement between the Artist and The Dealer {CTS} creative thriftshop. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees in addition to any available remedy.

Choice of Law. This Agreement shall be governed by the law of the State of New York, USA.