Our Agreement @ Stimuli Art

Our Agreement
(Artist/Art Dealer Consignment Agreement)

ARTIST: Please print a copy of this agreement; completely fill in your information below, then fax the signed copy to the fax number below. We'll return one co-signed agreement to you for your records.

Full Name: _________________________________________________________
Street Address: ______________________________________________________
City, State, Zip Code: __________________________________________________
Phone #: _____________________   Email: _______________________________

and

ART DEALER: UTOPIA, P. O. Box 353, Maplewood, NJ 07040-9998
                                 Phone: 1 (973) 951-1562 | Fax: 1 866 439-1847
                                 Website: www.stimuliart.com | Email: pdsmith@stimuliart.com

Hereby enter into the following consignment agreement number_________:

I. AGENCY/PURPOSES. ________________________ ("the Artist") appoints UTOPIA ("the Art Dealer") as agent for the works of art ("the Artworks") consigned under this Agreement, for the purposes of online exhibition and sale via the Internet. The Art Dealer 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 the Art Dealer a general agent for any other works.

II. EXCLUSIVE REPRESENTATION. The Artist hereby appoints the Art Dealer as their sole representation throughout the specified webpage to sell or otherwise make available for acquisition to the public, the Artist's Artworks.

III. CONSIGNMENT. The Artist hereby consigns the Art Dealer, and the Art Dealer accepts on consignment, those electronic files of those Artworks listed on the inventory sheet attached, 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 Art Dealer.

IV. AUTHORITY OF ARTWORKS. Works of art may be electronically accepted for consignment only by or by any person designated by either of them in writing as authorized to accept works of art hereunder. The Art Dealer may reject artworks at their own discretion.

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

VI. DURATION OF CONSIGNMENT. The Artist and the Art Dealer agree that the initial term of consignment of the Artworks is to be 1 month, and that the Artist does not intend to request the removal of the Artwork from the webpage before the end of this term. Thereafter, consignment shall continue until the Artist request the removal of artwork of any or all the Artworks; or the Art dealer advises that the Artist of the removal of any or all of the Artworks with which requests the other party shall comply within 15 days.

VII. DELIVERY RESPONSIBILITIES. After artworks have been sold by the Art Dealer, the 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 the Art Purchaser are the responsibility of the Artist.

VIII. FIDUCIARY RESPONSIBILITIES. Title to each of the artworks remains in the Artist until the Artist has been paid the amount owing him or her for the Artworks; title then passes directly to the Art Purchaser. All proceeds from the sale of the Artworks shall be paid to the Artist before any proceeds of the sales can be made available to creditors of the Art Dealer.

VIV. NOTICE OF CONSIGNMENT. The Art Dealer shall give notice, by means of a clear and conspicuous notice on their website that certain works of art are being sold subject to a contract of consignment.

X. REMOVAL FROM ONLINE GALLERY. The Art Dealer shall not lend out, remove from the website, or sell on approval any of the Artworks, without first obtaining written permission from the Artist.

XI. PRICING/TERMS OF PAYMENT. The Art Dealer shall sell the artworks only at the retail price specificd on the inventory sheet. The Art Dealer and the Artist agree that the Art Dealer's commission is to be 20 percent of the retail price of the artwork. Any change in the retail price, or in the Art Dealer's commission, must be agreed to in advance by the Artist and the Art Dealer. Payment to the Artist shall be made by the Art Dealer within 10 business days of the sale of artworks. All commissions for any/all artworks sold will be deducted from retail price.

XII. PROMOTION. The Art Dealer shall use its best efforts to promote the sale of the artworks. The Art Dealer agrees to provide adequate display of the artworks, and to undertake other promotional activities on the Artist's behalf. The Art 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. The Art Dealer shall agree in advance on the division of artistic control and of financial responsibility for expenses incurred in the Art Dealer's online exhibitions and other promotional activities undertaken on the Artist's behalf.

XIII. REPRODUCTION. The Artist reserves all copyrights to the reproduction of the Artworks except as noted in writing to the contrary. The Art Dealer will not intentionally permit any of the Artworks to be copied, or reproduced without the written permission of the Artist. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner ot the Artwork. The Art Dealer shall include on each bill of sale of any artwork the following legend: "All rights to reproduction of the work(s) of art identified herein are retained by the Artist: ______________________________."

XIV. ACCOUNTING. A statement of accounts for all sales of the Artworks shall be furnished by the Art Dealer to the Artist at the request of the Artist (within 5 business days of the request). The Artist shall have the right to inventory his or her Artworks on the gallery website and to inspect any records pertaining to sales of the Artworks.

XV. AGREEMENT TERMINATION. Notwithstanding any other provision of this agreement, this agreement may be terminated at any time by either the Art Dealer or the Artist, by giving a thirty (30) 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 15 days fo the notification of termination, all accounts shall be settled and all unsold artwork shall be removed from the website of the Art Dealer.

XVI. CHOICE OF LAW. This agreement shall be governed by the law of the State of New Jersey. (Click here for N. J. statutes)

Consented and agreed to by Artist - Printed name: _________________________ Signature: ___________________________
Consented and agreed to by Art Dealer - Printed Name: _____________________ Signature:___________________________

Consignment Start Date from: ___________________   to Consignment End Date: ___________________

Click here to access the Consignment Agreement Artwork Inventory List, which must accompany this agreement.