Florida Art Consignment Agreement

Florida Art Consignment Agreement

Before you use this: Florida Statutes §§ 686.501–686.503 cover art delivered to an art dealer for public sale, or exhibition and sale, for compensation. The parties must complete the written minimum prices, payout schedule, stated loss values, and prior written display consent before delivery. Give the public consignment notice required by § 686.502(2) using one of the two methods below.

This Agreement is made on [__/__/____] between Consignor [________________________________], address [________________________________], and Art Dealer / Consignee [________________________________], business address [________________________________]. Consignor's relationship to the works is [artist / owner / other: ________________________________].

1. Works and delivery

Consignor delivers only the works listed in Exhibit A for sale, or exhibition and sale, to the public. Consignee acknowledges receipt, condition, and each stated value in Exhibit A. Additional works require a signed addition. Consignor represents authority to consign the works and discloses known liens or third-party claims: [________________________________]. Consignee holds the works as Consignor's agent under Florida Statutes § 686.502(1), and will identify them as consigned in its records.

The works will be kept at [________________________________]. Consignee may not pledge, encumber, loan, alter, or move a work to a different location without Consignor's prior written consent, except as needed for an authorized sale.

2. Public notice and prior written display consent

The parties will give the public notice required by § 686.502(2) using: ☐ a sign or tag affixed to each work stating that it is sold subject to a consignment contract; ☐ a clear and conspicuous sign at Consignee's place of business stating that some works are sold subject to consignment contracts. Party responsible for placing and maintaining the notice: [________________________________].

Consignor gives prior written consent for only these uses or displays: [gallery address, website, events, approved third parties, image use: ________________________________]. Consignee must acknowledge the artist in every authorized use or display as [________________________________]. Any other use or display requires new written consent signed by Consignor before it occurs. Consignor's initials confirming this consent: [____].

3. Written price floor and commission

The minimum sale amount for each work is the amount written in Exhibit A and signed by Consignor. Consignee will not sell below that amount. Any change must be a writing signed by Consignor identifying the work and new floor before sale. A sale to Consignee or its affiliate, installment sale, or trade also requires Consignor's prior written approval of all terms.

Consignee earns [____]% of the actual authorized sale price. Approved itemized expenses: [________________________________]. No other charge reduces Consignor's share. Consignee will provide a statement showing work, sale date and price, buyer payment received, commission, approved expenses, and net proceeds.

4. Proceeds, payout schedule, and records

Consignee holds sale proceeds in trust for Consignor and applies them first to amounts due to Consignor. Agreed delivery schedule for proceeds: Consignee will deliver Consignor's share within [____] calendar days after [receipt of cleared buyer funds / each calendar month ending on: __________] by [payment method: ________________________________], with the sale statement. Consignee will keep records of each work and sale and make records relating to Consignor's works available on reasonable written request. No term of this Agreement waives § 686.502.

5. Loss, damage, insurance, and return

Consignee is responsible for the stated value in Exhibit A if a work is lost or damaged while in Consignee's possession, as required by § 686.503(2). Consignee will promptly report an incident and maintain insurance as follows: [carrier / type / limit / deductible / loss payee: ________________________________]. Insurance does not reduce the stated-value obligation.

The term begins [__/__/____] and ends [__/__/____]. Either party may terminate on [____] calendar days' written notice; Consignor may demand prompt return after unauthorized sale, use, or overdue payment. Within [____] calendar days after termination, Consignee will return unsold works to [________________________________] at [Consignee / Consignor] expense with a signed condition inventory. Accrued sale and payment duties survive termination.

6. Notices and signatures

Notices go to the addresses below by [email / mail / delivery: ________________________________] and are effective on [________________________________]. Changes require a writing signed by both parties. Florida law governs. This Agreement and signed exhibits are the entire agreement concerning the works, subject to nonwaivable law.

Consignor signature: [________________________________] Date: [__/__/____]

Printed name / title: [________________________________] Email / mailing address: [________________________________]

Art Dealer / Consignee signature: [________________________________] Date: [__/__/____]

Printed name / title: [________________________________] Email / mailing address: [________________________________]

Exhibit A — Works, written prices, and delivery receipt

Condition exceptions and photographs attached: [________________________________]

Consignor approves the minimum sale amounts above: [________________________________] Date: [__/__/____]

Consignee acknowledges receipt and stated values: [________________________________] Date: [__/__/____]