Appointment of Gallery as Artist's Agent. The Artist appoints Expressions Gallery, Inc dba BuyArtworkNow.com as agent for the works of art ("Artwork") consigned under this Agreement for the purpose of exhibition and sale on Expressions Gallery, Inc Internet websites. The Artwork may not be used for any other purpose without the Artist's written consent.
The artist understands that the artwork will be reviewed before posting. Each posting per artwork will cost $10 and will remain on the website for 12 months or until purchased. The 12 months begins on the date the artwork is posted.
Once artwork is purchased, the artist is responsible for shipping artwork to buyer.
Artist Responsibilities in processing artwork after a sale:
Once a sale has been made, the artist will be notified to take the work to the nearest shipping company within two weeks of the sale. The Artist has the responsibility to provide the shipping company with the mailing address and the purchasers contact information. The Artist must obtain the tracking number and give it to BuyArtworkNow via email or phone Contact Us and notify us when they learn that the package has been delivered. At that time, we will provide the Artist payment for their Artwork and all aspects of the transaction will be complete.
Expressions will be responsible for maintaining the websites, posting art, providing an electronic shopping account, track shipping, handling, online credit transactions from clients and payments to the artist after the work has arrived at the client's location. The artist understands that they are exclusively represented by Expressions for that work or any commissions and reproductions as long as the work is on the website. The artist may withdraw their work before the term has expired, but will pay a $5 processing fee for processing the request. This process can take up to 15 days and the original listing fee is not refunded. The Artist understands that it is their responsibility to provide a good JPG photo of their work at 72 dpi, with the longest side being 6" and to upload all photographs on line with correct information. The work will be posted at 72 dpi to avoid unauthorized reproduction without purchase.
Sold work will be displayed as "Sold" for a period of 3 months. In the event of a sale before the end of the 6 month listing period, another painting may be uploaded after the required 3 months "Sold" display has ended, providing there is time left on the listing.
The artist may request EGI/BuyArtworkNow to make and sell cards and prints. Send a request to email@example.com and we will send you requirements and specifications as well as uploading information.
Commissions, Payment and Related Matters. The Artwork is accepted by EGI on a 60%/40% commission basis, with the Artist's 60% to be paid to the Artist from the sales proceeds received by EGI. In cases where the Artist agrees to allow the reproduction of cards and prints, the commission is paid after EGI's printing costs have been applied to the sale. The parties acknowledge that California law provides that (1) proceeds from the sale of the Artwork constitute funds held in trust by the Gallery for the benefit of the Artist, and the proceeds must first be applied to pay any balance due the Artist; (2) if EGI directly or indirectly buys a work received on consignment for EGI's own account, the work remains trust property until EGI has paid the price in full to the Artist; and (3) if the work is resold to a bona fide buyer before the Artist has been paid in full, the proceeds of the resale constitute funds held in trust by EGI for the benefit of the Artist, to the extent necessary to pay the balance due the Artist.
The Artist understands and holds Expressions Gallery, Inc and BuyArtworkNow.com harmless and hereto indemnifies Expressions Gallery, Inc and BuyArtworkNow.com for damages that might be done by shipping or by the recipient or in the event of return of item.
Permission to Digitally Reproduce All or Part for Promotion and Archiving. Artist hereby agrees that BuyArtWork.com may reproduce any piece of the Artwork, in full or part and to use such reproduction to develop and print, display, publish brochures, advertisements, websites, videos, catalogues or any other type of publication or publicity, and to use and archive such reproductions in any form for the promotion of the Artwork and/or EGI. Artist hereby agrees that BuyArtWork.com may reproduce any piece of the Artwork, in full or part, and to use such reproduction to expand the possibility of sales on selected websites, including but not limited to Facebook, Fine Art America, BuyArtworkNow.com for up to one year and to offer prints and cards where applicable for sale.
Copyright: The Artist reserves copyright, including all reproduction rights, to the Artwork, except as specified in this agreement.
Artwork Not Subject to Claim by BuyArtworkNow.com Creditors. The Artwork will be held in trust for the benefit of the Artist and will not be subject to any claim by a creditor of EGI. In the event of any default by EGI, the Artist will have all the rights of a secured party under the Uniform Commercial Code
Attorneys' Fees. If any legal action is commenced between the parties concerning the provisions of this Agreement or the performance of this Agreement, the party prevailing in that action will be entitled to a reasonable sum for attorneys' fees in addition to any other relief that may be granted. The amount of that sum will be determined by the court in that litigation or in a separate action brought for that purpose.
Modification. This Agreement, and any supplements, exhibits or addenda thereto, may be modified only by an agreement in writing signed by the party against whom the modification is sought to be enforced. This constitutes the entire terms and conditions of this agreement
Entire Agreement. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties with respect to the subject of this Agreement. This Agreement, along with the attached Supplement, exhibits or addenda, contains all of the covenants and agreements between the parties with respect to the subject of this Agreement, and each party acknowledges that no representations, inducements, promises or agreements have been made by or on behalf of any party except the covenants and agreements embodied in this Agreement. No agreement, statement or promise not contained in this Agreement shall be valid or binding on the parties with respect to the subject of this Agreement.
Governing Law. The validity of this Agreement and each of its terms and provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with the law of the State of California, including California Civil Code §1738, et seq.
Please Review Site General Terms and Conditions.