A Good Gallery Contract

Here are the qualities to look for in a gallery contract:

1. A good contract is specific.
   A contract spells out your business relationship. It states how long the contract will last (usually 6 months to a year). It explains whether you will have an exclusive relationship within a specific geographic region, or non-exclusive. It says whether the gallery will represent all of your work or just parts of it. A good contract is full of details!  
2. A good contract is clear about financial matters.
   The most important number in the contract is the sales price (also called the retail price) for each work of art. You’ll reach agreement on sales prices through discussion with the gallery. The gallery takes its commission (usually 50%) from the sales price.  
   Sometimes a gallery will want to pay you the “wholesale price” for your works without specifying their sales prices. This is a practice that you want to avoid. By paying the artist “wholesale” prices, a gallery gets to sell your work for any price they choose, while your payment remains fixed at a low point. 
3. A good contract lists the specific works that you are giving the gallery permission to sell.
   This list, called a consignment list, is usually the last page of the contract. Each work of art is described by title, materials, and dimensions. You can use the list  to remember where your works are, and to track your sales.
4. A good contract describes what the gallery will do to promote your work and what is expected of you in return.
   Galleries often talk in general terms about “devoting their best efforts” to selling your work, but it is useful to have things spelled out. When will your work be up on their website? When will you be given your first solo or group exhibition? When will your work be taken to an art fair? You might not get specific dates, but language like “within the first year” or “during the first six months” of the contract helps to clarify what you can expect.
   Also be sure to look for language that explains how gallery representation will affect your ability to sell or promote your work in other venues.
5. A good contract provides an escape clause.
   No contract can spell out every single detail, or anticipate how well a new relationship will work out. If nothing sells after a certain period of time, or conditions change, or if either party is unsatisfied, it is helpful to have an escape clause. The escape clause states that either party has the right to terminate the agreement by giving 30 days written notice to the other party.

Remember to take your time when reviewing a gallery contract.  Don’t be afraid to ask questions! Get legal help if you need it.   A good gallery contract protects the interests of both parties. 

Mary Edwards, Ph.D
Career & Life Coach for Artists

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