California Fine Art Consignment Agreement

California Fine Art Consignment Agreement

Before you use this: Use this form when an artist (including a covered successor) delivers the artist's own fine art to a California art dealer for exhibition or sale for compensation. California Civil Code §§ 1738–1738.8 govern covered consignments; the statutory trust and dealer responsibility cannot be waived by this agreement. Do not use this form for an outright purchase paid in full on delivery.

This Agreement is made on [__/__/____] by Artist / Consignor [________________________________], address [________________________________], and Art Dealer / Consignee [________________________________], California business address [________________________________]. If Consignor is a successor, identify the creator and relationship: [________________________________].

1. Works and receipt

The artist delivers the works described in Exhibit A to the dealer for exhibition and sale on consignment. Dealer accepts the works listed in Exhibit A on the dates and in the condition recorded there. A later work must be added by a signed exhibit. The artist represents that the artist has authority to consign each work and discloses any known third-party claim here: [________________________________].

Dealer will identify each work in its records as consigned by Artist and keep it at [________________________________] unless Artist approves another location in writing. Dealer may not pledge, encumber, loan, alter, or transfer possession of a work except for an authorized sale without Artist's prior written consent.

2. Exhibition and sale

Artist authorizes display at [gallery / website / event: ________________________________] and use of images only to market these works during the term. Other uses require Artist's written approval. Dealer must identify the artist as [________________________________] in displays and sale descriptions. Dealer may sell a work only for at least the minimum price listed in Exhibit A, unless Artist approves a lower price in writing for that work. Any installment sale, sale to Dealer or its affiliate, or trade requires separate written approval from Artist.

3. Commission and payment

Dealer earns [____]% of the actual sale price for an authorized completed sale. Authorized pass-through expenses, if any: [________________________________]. No other charge may reduce Artist's share. Dealer will provide a written statement for each sale showing the work, date, price, buyer payment received, commission, approved expenses, and amount due to Artist. Dealer will pay Artist within [____] calendar days after receipt of cleared buyer funds, by [________________________________]. Dealer will permit Artist to inspect records concerning these works on reasonable notice.

The works are held in trust for Artist, and sale proceeds are trust funds for Artist. Dealer will keep the works and proceeds identifiable and apply proceeds first to any balance due to Artist. Dealer remains responsible for loss of or damage to a consigned work. These statutory protections under California Civil Code § 1738.6 apply regardless of any insurance or other contract term. No term of this Agreement waives any protection of California's fine-art consignment title.

4. Care, insurance, and return

Dealer will use professional care in storage, handling, and transport, promptly report loss or damage, and carry insurance as follows: [carrier / policy / limits / deductible / loss payee: ________________________________]. The parties' agreed value for each work is listed in Exhibit A for records and insurance; it does not limit Dealer's statutory responsibility.

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

5. Notices and agreement

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

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

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

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

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

Exhibit A — Work inventory and delivery receipt

Condition exceptions and photographs attached: [________________________________]

Dealer acknowledges receipt: [________________________________] Date: [__/__/____]