Jane Mandelson on thu 28 sep 06
I'm hoping some one with experience can answer my question about my work
being sold by a third party.( consignment.) I'm very new at this and I
have my work in a gallery for the first time. I was asked by the owner
about potential lawsuits. (I have mugs and plates )I do have liability
insurance because I have a small studio and occasionaly have visitors.How
do other artist/potters handle this ?
Charlie Cummings on thu 28 sep 06
Hi Jane,
Congratulations on selling your work through a gallery. I hope the
relationship you are building is long, profitable, and pleasant.
I've been a gallery owner for over 5 years, and have sold work by
hundreds of artists. I use a contract that covers most of the bases,
and I don't remember anything about lawsuits in there. There is
space if you wanted to add something about litigation and
liability. Contract link (http://www.allworth.com/Pages/standa.htm)
The contract is from the book The Artist-Gallery Partnership: A
Practical Guide to Consigning Art By Tad Crawford and Susan Mellon
(http://www.allworth.com/Catalog/AC104.htm)
My gut instinct says something is off here. I have a few questions for you.
Do you have a contract with the gallery? Does it mention liability
in the event litigation?
You really should have a contract signed by both you and the gallery
to keep on file. Even if the owner is your best friend it is wise to
have everything in writing so there are no
misunderstandings...actually, so you have it in writing when there
are misunderstandings. A good contract will state that you retain
ownership of the work you have there on consignment. If they go
under, you don't want your work taken by their creditors.
Where does the gallery owner's concern about lawsuits come from? Are
your pieces somehow particularly dangerous? Does this gallery
normally carry ceramics? From your short account I have to wonder if
the owner has little experience with functional ceramics, or has
heard a pottery horror story. As potters, we've all heard stories of
exploding oil lamps, casseroles breaking in half just as they are
pulled from the oven, unusual physics phenomenon in the microwave
involving water, and glazes releasing toxic compounds into
food....I'm sure lawsuits happen over these things, but I'll wager
they are relatively rare.
My best advice is to a) talk to the gallery owner and take notes on
his/her concerns, b) take your notes to your insurance agent and get
a professional opinion. Folks on this list may be able to give you
general advice and opinions that go every direction, but your
insurance agent gets paid to help you guard against legal exposure.
Good Luck,
Charlie Cummings
www.claylink.com
At 06:49 PM 9/28/2006, you wrote:
>I'm hoping some one with experience can answer my question about my work
>being sold by a third party.( consignment.) I'm very new at this and I
>have my work in a gallery for the first time. I was asked by the owner
>about potential lawsuits. (I have mugs and plates )I do have liability
>insurance because I have a small studio and occasionaly have visitors.How
>do other artist/potters handle this ?
>
>______________________________________________________________________________
>Send postings to clayart@lsv.ceramics.org
>
>You may look at the archives for the list or change your subscription
>settings from http://www.ceramics.org/clayart/
>
>Moderator of the list is Mel Jacobson who may be reached at
>melpots@pclink.com.
Charlie Cummings Clay Studio & Gallery
4130 South Clinton Street
Fort Wayne, IN 46806
Charlie@claylink.com
260-458-9160
www.claylink.com
Craig Clark on thu 28 sep 06
Jane, the first thing you need to know about putting work in shops,
galleries or museums for sale is be careful. There is a rather extensive
list of artists and craftsfolk who have been ripped off by their
dealers. Certainly not all of the venues are problematic, but, there are
enough that are. If you enter a consignment type of arrangement it is
important to have everything spelled out in contract form. Without a
contract you are basically in free fall if something happens. In the
contract make certain that the split between you and the gallery is
specified. Also be certain that the contract includes the maximum number
of days from the date of a sale to the day you will be paid. If the
gallery or shop is on the up and up they will pay their vendors and
consignment folk monthly for sales in that month, or shortly thereafter.
Additionally, they shop or gallery is the one that is responsible
for liability insurance, not you. This is something that I have never
heard of in dealing with various consignment entities the past 15 years.
Liability insurance for a place of business is the responsibility of the
business owner. I would not enter into an arrangement with someone who
would attempt to shift a liability type of burden off onto those who
were consigning.Perhaps you misunderstood what type of insurance the
owner was asking about.
Insurance for damage or theft is another thing. The better
facilities will have insurance that covers damage or theft. However,
many of them do not. If they do not then all of the risk is on your
shoulders, so take this into account when you are deciding how many
pieces you will be putting in the venue and what the value of those
pieces are. If they don't have insurance and something happens to a
really nice piece you are basically up the proverbial creek without the
proper means of propulsion. Start off with a few pieces and build up
from there.
Lastly, one of the most important things that you can do for
yourself when working with a gallery or shop is to keep in contact with
them. Every so often just stop by or give them a quick phone call to say
hello and ask how things are going. Let them know how things are with
your work and tell them that you will be happy to exchange something new
for pieces that have been sitting there for awhile if things aren't
selling. Don't hound them. Just give a quick check in once every six
weeks or so. This type of communication keeps to many cobwebs from forming.
Hope this helps
Craig Dunn Clark
619 East 11 1/2 St
Houston, Texas 77008
(713)861-2083
mudman@hal-pc.org
Jane Mandelson wrote:
> I'm hoping some one with experience can answer my question about my work
> being sold by a third party.( consignment.) I'm very new at this and I
> have my work in a gallery for the first time. I was asked by the owner
> about potential lawsuits. (I have mugs and plates )I do have liability
> insurance because I have a small studio and occasionaly have visitors.How
> do other artist/potters handle this ?
>
> ______________________________________________________________________________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at melpots@pclink.com.
>
>
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