This agreement is between Dejavu Art, LLC. (the “Gallery”) and the “Artist”.
Whereas the Artist has created and owns the artwork(s) (the "Artwork"), and whereas the Gallery desires to exhibit the Artwork; the parties agree as follows:
1. Agency; Purposes. The Artist appoints the Gallery as agent for the Artwork, listed under this Agreement for the purposes of exhibition, promotion, advertising, and sale.
2. Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks and that their descriptions are original true and accurate. The Artist further agrees to hold the Gallery harmless in the event of any claims against the Artworks.
3. Duration of Consignment. The Artist and the Gallery agree that the initial term of consignment for the Artwork is to be a period of three (3) months, automatically renewable. In case that the Artist sells any of the Artwork to a third party, during this period of time, he or she shall immediately inform the Gallery in order to remove it from all the Gallery’s platforms.
4. Shipping, Insurance Coverage. In case of a Sale, the Gallery will furnish the name and complete mailing address, and telephone number of the Collector who purchases the Artwork. Packing, shipping other handling expenses and risk of loss or damage incurred in the delivery of Artworks from the Artist to the Collector, shall be the full responsibility of the Artist. The Artist is solely responsible for having Artworks insured. All shipping charges, insurance costs will be reimbursed to the Artists by the Gallery. In this sense, the Artist shall give the Gallery the estimates of such expenses, prior the shipping of the Artworks.
5. Pricing; Gallery's Commission; The Gallery shall sell the Artworks at the Retail Price specified by the Artist on Schedule A. The Gallery and the Artist agree that the Gallery's commission, listed on Schedule A, will be from the Price paid for the Artwork. The artist agrees to offer a discount no greater than 10% of the Retail Price if a Collector requests it. In any event, the Gallery’s commission is 25%. The Gallery shall furnish a statement of accounts for all sales of the Artworks to the Artist. The Artists will be charged a promotion monthly fee of US$. 29.99, in case of a sale, this fee will be deducted from the Gallery’s commission.
6. Terms of Payment. The Gallery shall pay the Artists via wire transfer in the Bank Account set by the Artist. The Gallery will pay the Artist the Retail Price of the Artwork minus the Gallery’s commission. There is a returning policy period of 14 days, for all the sales made by the Gallery. The payment will be made after this period of time has passed.
7. Promotion. The Gallery shall use its best efforts to promote the sale of the Artworks. The Gallery shall identify clearly all Artworks with the Artist's name, and the Artist's name shall be included on the bill of sale of each of the Artworks. The Gallery will advertise and sell the Artworks through all the Gallery's platforms and social media, including but not limited to Artgallerydejavu.com, Amazon, Houzz, Pinterest, Instagram, Facebook, etc.
8. Miscellaneous. All modifications, deletions or additions to this agreement must be in writing and signed by both parties and attached to this document. This agreement constitutes the entire agreement between the parties hereto.
9. Governing Law. The laws of Broward County, State of Florida, shall govern this Agreement.