1.0 Agreement to Consign for Sale
1.1 Consignor(s) agree to consign for sale to the Larsen Gallery ("Gallery") the work(s) of art listed on page 1 of the Consignment Agreement.
1.2 Consignor(s) shall attest and warrant that the artwork(s) being consigned herein are (1) authentic; (2) that the consignor(s) are the legal owner of the artwork(s); (3) the artwork(s) being consigned herein are free of all liens and encumbrances; (4) that the consignor(s) have the rights to sell the artwork(s); and (5) the consignor(s) will warrant and defend the authenticity and title of the artwork(s) being consigned against any and all claims and demands of all persons.
1.3 Consignor(s) agree that for the duration of this Consignment Agreement, consignor(s) will not sell the consigned artwork(s) directly or indirectly or consign for sale the consigned artwork(s) to any other gallery, agent, exhibition, or dealer without the Gallery's express written authorization.
1.4 Consignor(s) agree to notify the gallery to update any changes to their contact information. If consignor(s) neglects to inform Gallery of these changes and after twelve (12) months of failed attempts to return consigned artwork(s) or remit payment from a sale, ownership of the consigned artwork(s) will be transferred to the Gallery and/or Gallery's obligation of remittance due consignor(s) will be relieved.
2.0 Use of Consigned Artworks
2.1 Gallery has the right to display consigned artwork(s) in residences, exhibitions, displays, and/or promotional events arranged by Gallery either on or off the Gallery premises.
2.2 Gallery has the right to photograph or reproduce the consigned artwork(s) for promotional purposes.
3.0 Delivery and Return of Consigned Artwork(s) to the Gallery
3.1 Delivery of consigned artwork(s) to the gallery will be the sole responsibility of consignor(s) including insuring consigned artwork(s) during periods of delivery.
3.2 Return of the consigned artwork(s) to the consignor(s) will be the sole responsibility of consignor(s) including insuring consigned artwork(s) during periods of return.
4.0 Terms of Consignment
4.1 Artwork(s) shall be consigned to the Gallery for a minimum of one hundred and eighty (180) days. After the initial term, this agreement becomes a month to month agreement.
4.2 After the minimum consignment period, consignor(s) may reclaim consigned artwork(s) by providing Gallery with thirty (30) days notice of intent to reclaim artwork(s).
4.3 After the minimum consignment period, Gallery may request consignor(s) reclaim the consigned artwork(s) by providing consignor(s) thirty (30) days notice. Consignor(s) will have thirty (30) days after receipt of notice to pick up or arrange for shipment of the consigned artwork(s), after which, Gallery will assess a fifty dollar ($50.00) per month storage fee for each consigned artwork(s). Consignor(s) storage fees must be paid in full prior to reclaiming consigned artwork(s). If consigned artwork(s) are not reclaimed within twelve (12) months of aforementioned written noticifcation, ownership of the consigned artwork(s) will be transferred to the Gallery and the Gallery will be relieved of any obligation under this Consignment Agreement.
5.0 Condition of Consigned Artwork(s)
5.1 Consigned artwork(s) are to be in excellent and displayable condition prior to delivery to the Gallery. It is the responsibility of the consignor(s) to disclose to the Gallery any and all damage, flaws or defects of the consigned artwork(s) and frame(s) prior to delivery to the Gallery. Gallery has the right to refuse delivery of consigned artwork(s) if the consigned artwork(s) have damages, flaws or defects.
5.2 Gallery shall exercise reasonable care in the handling, displaying, and storage of the consigned artwork(s) upon acceptance of the consigned artwork(s) into the Gallery.
5.3 In the event consigned artwork(s) are damaged while in the custody of Gallery, Gallery shall notify consignor(s) of such damage. Gallery shall be responsible for the repair or cleaning of the consigned artwork(s). Minor repairs shall be permitted by Gallery without consent of the consignor(s).
6.0 Payments to Consignor upon Sale of Consigned Artwork(s)
6.1 Payment to the consignor(s) for consigned artwork(s) sold by the Gallery shall equal the amount listed as "Due Consignor" on Page 1 of this Consignment Agreement less any agreed upon shared discount amount and shall be paid within thirty (30) days after the date the sale is finalized. Gallery considers a sale finalized when 100% of the sale amount has been collected by the gallery and the client has accepted delivery of and approved of the artwork.
6.2 Consignor(s) agree to share in discounts offered by the Gallery in an amount not to exceed 10% of the "Sale Price" of the consigned artwork(s) in order to facilitate a sale. Consignor(s) portion of any discounts will equal the consignment percentage equal to "Due Consignor"/"Sale Price" multiplied by the dollar amount of the discount.
7.0 Insurance
7.1 Consigned artwork(s) are insured by the Gallery for the amount(s) listed as Due Consignor on page 1 of this Consignment Agreement, whether on or off the premises. In the event of loss, injury, damage or disappearance of consigned artwork(s), consignor(s) shall be entitled to and paid the amount listed as "Due Consignor" on page 1 of this Consignment Agreement.
7.2 Gallery is not responsibie for consigned artwork(s) until consigned artwork(s) are in the Gallery's physical possession. Nor is Gallery responsible for consigned artwork(s) once they are no longer in the Gallery's physical possession upon return to the Consignor.
8.0 Disputes
8.1 Any dispute between the parties that cannot be resolved after negotiation will be resolved under Arizona law in Maricopa County Arizona.
