How To Do A Contract With A Gallery As An Artist

Congratulations! A gallery wants to represent you. Sadly, breakdown of the representation often swiftly follows, leaving the artist frustrated and often embroiled in legal battles. 

Why is this? The short answer is that the usual art world combination of lack of appropriate training and widespread resistance to business practices does not bode well for business partnerships. In a perfect world, the relationship is based on trust; the agreement goes beyond business, and is based on a type of friendship and close collaboration. Ideally, it will result in both greater personal success for the artist and greater financial success for the gallery. But the hard truth is that the artist/gallery relationship is not very healthy. Both are businesses that have to be run professionally, and both of you have to put your interests first. Galleries typically represent twenty artists with no full time employees, so only a fraction of their time and energy goes to you. Financially speaking, most galleries are not even second tier performers, and they are being run by former artists rather than people driven by a love for sales. The fee for this well intentioned but often inexpert level of representation is 50% of your income. All of this adds up to the potential for conflict. 

You must ask yourself if you really need a gallery and whether that gallery is professional enough to advance your career. It is almost always a bit of a gamble. That’s why I advocate contracts, specifically a Gallery Artist Representation Agreement, a contract whereby the gallery agrees to work as an agent on the artist's behalf. 

Yes, you are right in saying that contracts are not common in the art market. However, you will see that the way this contract is formulated will help you discuss the most common issues that  I have come across working with artists and gallerists in the past twenty years. My contract covers: 

• Revenue split 
• Payment cycle
• Production costs and framing costs
• Discounts
• Solo shows
• Art fairs
• Openings and after-parties
• Severe conflict 
• Shipping
• Sales records and buyer information
• Exclusivity
• Ending the contract

In each case, this contract will prevent this type of issue. You can download the contract in my online class, including videos in which I explain what to look out for when discussing the contract with your gallerist.

I am convinced that talking about these discussion points BEFORE joining a gallery will help you to engage in a much healthier relationship with your gallerists. If you like to download the Gallery Artist Agreement and also see other contracts, for example a Consignment Agreement, Invoice or Commission Agreement, sign up to my online class via the link below.

Best, Magnus

P.s. My online class helps artists to sell more artworks. It’s based on my teaching at Ivy League Universities and 20 years of experience in the art market. And the best art market experts contributed to the class. The class has helped thousands of artists around the world, in every medium and age group. Find out more and sign up to my free masterclass by clickling on the link below.