Agent for the artist

[Валерий Рыбаков]

I was offered to be my agent on the terms set forth in the contract:
(English text)


Dear forum, I think you better than I speak of the matter, so ask your council whether to accept?

ARTIST - AGENCY
xxxxxxxxxxxxxxxx.COM GALLERY ON LINE AGREEMENT
This Artist Agreement (the "Agreement) is effective on 18thNovember, 2010
BETWEEN Valery Rybakow, (the "Artist), an individual with her main address at:
xxxxxxxxxxxxxxxxxx
AND xxxxxxxxxxx, of xxxxxxxxxxxxxxx.com, Gallery online (the "Agent"), an individual with her main address at:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
RECITALS
WHEREAS, the Artist is an Established Artist of proven talents in the field of arts: painting, photography and jewellery;
WHEREAS, the Artist wishes to have an Agent represent her in marketing certain rights enumerated herein;
WHEREAS, THE Agent wishes to represent the Artist.
NOW, Therefore, in consideration of the forgoing premises and the mutual convenience Hereafter set forth and other valuable consideration, the parties hereto agree as follows:
1. AGENCY
The artist appoints to act as her Agent;
A) In the following geographical areas: Exclusive Worldwide on line gallery xxxxxxxxxxxxxxxx and fully in the UK.
B) For the market listed here: advertising, marketing, publishing, art sale and exhibitions online.
C) Artist will place Name at his website as Exclusive Agent: xxxxxxxxx, xxxxxxxxxxxxxx.com or any other links the xxxxxxxxxxxxxx.com will have.
The Agent agrees to use her best efforts in submitting the Artist's Work for the purpose of securing assignments, sales for the artist. The Agent will negotiate the terms of any sales on line or assignments offered, but the Artist shall have the right to reject any assignment if she finds the terms thereof of unacceptable.
2.PROMOTION
The Artist shall provide the Agent with such sample of Work as are from time to time necessary for the purpose of sale or security assignments. These samples shall remain the property of the Artist and be returned within 10 working days of termination of this Agreement. The Agent provides a Custodial Receipt of such Work. The Custodial Safe Keeping Receipt format attached as Addendum to this Agreement.

All Artist's work selected by the Agentand confirmed by the Artistto sell from xxxxxxxxxxxxxxxx.com are sold exclusively by the Agent and it is considered illegal to sell any other way accept from the SensationModern.com. If this Agreement breached, the Artist will pay the penalty of 40%of sales price of the work.
The Agent shall take reasonable efforts to protect the Work (s) from loss or damage, but shall be liable for such loss or damage only of caused by the Agent negligence.
Artist will catalogue all his art made, including soldwith the date sold, the names of collector /buyer, location and the Agent "xxxxxxxxxxxxxx.com will carry the same catalogue number of artwork with added SM + Artist's catalogue number, registering all the artworks sold with the date, their name and location. This the only catalogue will be proved by the artist and Agent and will be a reference to all public publication, inquiries and reference.
Artist will access to his profile page on Sensation modern and can view all the sales activity and can automatically withdraw the payment due to the Artist.
3.TERM
This Agreement shall take effect on December, 1st, 2010 and remain in full force and effect for a term of three years with prolongation agreed by both parties unless terminated as provided in section 7.
4.COMMISSIONS
The Agent shall be entitled to the following commissions:
A. On sales or assignments secured by the Agent during the term of this Agreement, 50%of the sale.
5. BILLING
The Agent is the caretaker of payment that indented for Artist, the Agent shall remit such payment to the artist within 14 working days after sale to the designated account by the Artist.
6. PAYMENTS
All payments are due within not more than 14 working days of receipt (requires 14 working days on International online Trade Return policy) of any fees or invoice covered by this Agreement. Late payment will accompanied by 2%per month.
7. TERMINATION
This Agreement may be terminated by either party giving 30 days of notice to the other party. If Artist receives assignment after the termination date from clients originally obtained by the Agent during the term of this Agreement, the commission specified in Section 4.A. shall be payable to the Agent under the following circumstances within not longer than 14 working days of receipt of payment from the client.
Clients and collectors of the Agent are exclusive intellectual property of the Agent.Any sale made to the Agent's collectors and buyers after termination of this agreement within 3 (three) years the fees from such will be 20%of the net sale price.
By thetermination of the agreement the Agent shall send works, which are not sold, back to the Artist within 15 days after termination of the Agreement. Costs of return shall pay the Agent.
8. INDEPENDENT CONTRUCTOR STATUS
Both parties agree that Agent is acting as an independent Contractor. This Agreement is not an employment agreement, nor does a joint venture or partnership between the Artist and Agent.
9. AMENDMENTS AND MERGER
All amendments to this agreement must be in writing and they will be integral part of This Agreement and incorporates the entire understanding of the Parties.
10. GOVERNING LAW
This Agreement shall be govern the Laws of England and Wales of United Kingdom.
This Agreement made of four copies, two to the Artist and two to the Agent and all the copies of this Agreement treated as original.


Signed by Artist Signed by Agen

[Marta]

Valery, in my opinion, there's nothing you particularly can not be guaranteed, but the limitations are. Go to the interpreter to understand the limitations. My biased opinion: If you took this agent for the maintenance in exchange for all of your work, then some sense would be, as well - is unpredictable. Can lose its freedom of action and of the paintings, or at least quiet sleep, and nothing will happen. But maybe I'm wrong. I do not know.

[Артём]

Сообщение от Marta

can lose its freedom of action and of the paintings, or at least quiet sleep, and nothing will happen. But maybe I'm wrong.

Of course right! Person (or people - an agent), yet did nothing, did not show, as guaranteed by the fines already and sign with his hand.
Valery, hemorrhoids are, but not an agent.

[Евгений]

Valery Rybakov, Valery, down to earth, or read another story .. "Golden Key, or Adventures of Pinocchio ..."

[artcol]

What agents ?!!!!
I beg you ...


http://forum.artinvestment.ru/showthread.php?t=98191

[L-ana64110]

50%of the agent is a lot. Typically 15-20%.
If he is an agent, you will offer your work galleries, Nabavi are still 100%and how much to raise your price is a third or a quarter of the purchase price to sell? Besides shipping, insurance,,,? Encourage your child to his own version of the contract. With some changes of its variants.
Ask him more questions prepisyvaytes if it corresponds with the hunting and constructive manner, then there is a chance, or work or expand your business horizons.

[Валерий Рыбаков]

I agree with him on each item in detail long conversation led by Skype. Nothing of this "I do not suspect.
In principle, the basis of the contract. It is supplemented by any other ext. points.

I was confused by some things:

1. All sales will only go through an agent. If I am asked my neighbor from a nearby apartment with a request to buy - should I say to him: a call or write the spacecraft you're in London, my agent

2. Very confusing question about 50%to 50%- it is normal practice?

[L-ana64110]

An interesting article about how to sell the painting in the galleries of America:
Ever wonder how "sales consultants" sell art at predatory commercial art galleries? What you are about to read is a firsthand account that was emailed to Artbusiness.com in response to the article Are You an Art Target? Predatory galleries typically operate in popular tourist destinations like Soho, Fisherman's Wharf, Honolulu, Laguna Beach, Carmel, and New Orleans. Characterized by aggressive sales consultants, lavish interiors, art by "modern masters" and "household names," and by staying open late, they can be found in most other major cities as well - typically in "Old Towns," expensive shopping districts , upscale malls, restaurant and nightclub areas, at or near large hotels, and near scenic or tourist attractions. Some of these galleries use highly questionable tactics to sell art, tactics like those you're about to read. If you enjoy visiting these types of galleries, here's a little tale about what you may be getting yourself into ...

I'm an artist, art collector, have represented artists for ten years, and once owned a gallery in Southern California for two years. The first time I visited Carmel, California (the Monterey Bay Area) was to find gallery representation for two artists, which I did. While there, I also sold three more paintings by three other artists to three different people. I had such a great time that I kept coming back. After a number of visits, I decided I liked the area so much that I made it my home.

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One afternoon, I walked into a downtown Carmel gallery, looking for an artist friend, and found him talking about his art with a sales consultant. I joined in the conversation as I had a few minutes to spare. At one point, the sales consultant said, "See that $ 47,000.00 painting? How do you sell a $ 47,000 painting of cows?" I studied the painting for a few moments. I gave my opinion based on an artist's eye, an art collector's view, and a gallery owner's perspective. The consultant was so impressed that she arranged for me to talk with the gallery's director, thinking that maybe I could sell art there.

I told the director that I had no experience working in someone else's art gallery, but that I had been successful on my own as an artist representative and gallery owner. She listened and then introduced me to the owner. I once again talked about my art experience. The owner told me that I could work at the gallery, but added, "You do not know selling; you know art. You do not know how to sell."

She said, "You are like a baby when it comes to selling, we will have to spend a lot of time and money teaching you how to sell. Working here is not about art, it is about selling." I felt confused. I once again went over my background selling art and representing artists. "So how could I not know how to sell?" I asked. She gave no reply. So I decided to work at the gallery to learn what I supposedly didn't know about selling art.

My first day on the job, I was told, "You say no more than two sentences to a customer! You do not talk about the artists or the art!" I said, "But I want people to know about each piece of art and to know about the artists. Even though I might not make sales, I'll still educate customers and begin to establish relationships." I was told, "No! You do not talk about the art or the artists! We do not care about that! We do not establish relationships! You are not 'information central' or a museum curator!" I couldn't believe what I was hearing.

They showed me how to qualify a customer (how to make sure they can afford the art). They said that when a customer doesn't qualify (can't afford the art) that I should lie to them and say, "I'll check back with you in a few minutes." I was not to go back and talk to them, but to completely ignore them.

I said, "That's not right!" They said, "Don't waste your time. You're here to sell art, not to be friendly to people with no money." I said, "They may not have money today, but I have nothing else to do, so in my free time, educating someone about the art is my pleasure." They said, "No! Pretend to be busy and wait for the next customer to come in, you never talk to anyone who doesn't qualify! They are a waste of time!" The gallery's attitude was one of total disrespect.

Customers asked basic simple questions about the art and artists, but the gallery provided no documentation and had no one on the floor to answer any questions. When I came to the owner or director with customer questions, they said, "This is not important. Tell them anything or change the subject. We don't answer customer questions; we stay in control of the conversation."

They taught me how to "brainwash" customers. I wait and watch to see what painting a customer looks at twice, then walk up and talk about just that one painting, over and over, not letting them look at or talk about any other paintings or artists. I fixate the customer on that one painting and burn it's image into their mind, so that they can't forget it once they leave the gallery. Not allowing free choice forces them to keep thinking about that one painting when they walk into other galleries, go home or back to their hotel room, in their sleep, the next morning when they wake up, and so on.

According to gallery personnel, 90%of people don't buy paintings on their first visits. But when the gallery does a good job of brainwashing someone into believing that one and only one painting is right for them, that person either calls or comes back and buys it within 7 days, convinced that they love it, and that they have to have it.

The real brainwashing takes place in the "viewing room," a small room off of the main gallery, with comfortable couches, a coffee table, and a small shelf on the wall to place and show the art. I watched and listened as sales consultants lied to customers saying, "Let me take this painting into the viewing room so you can see it under better light." I said, "The lights are fantastic in the gallery. Why do you say the viewing room light is better when it's not?" They said, "We just say that to get them into the room, then one of our closers (experienced high-pressure sales consultants) finishes them off (convinces them that they have to have the painting and, if possible, makes the sale) ".

I was not to ask customers if they wanted to go to the viewing room because most say no. "Just pull the painting off of the wall and take them there. Never ever ask their permission," they told me. "People like the viewing room because they think they're getting special treatment, personal showings, and extra attention that makes them feel important."

They told me not to sell expensive paintings (maybe they wanted to sell them instead so that they could make more money). "We do not want you selling expensive paintings; we want you selling 20 paintings at $ 900.00 each instead of one for $ 20,000." I said, "What? Why?" They told me that cheap paintings are harder to sell than expensive ones, and that teaching me how to sell means learning how to sell lots of $ 900.00 paintings. I realized that they might as well be selling used cars or pet rocks. They could care less about what they sold as long as they sold it.

They handled the art carelessly and with little respect. I watched as they punctured a master painting's canvas with metal frame clips, and then hung the piece on the gallery wall as-is. I got them to take it down and remove the clips, but they never repaired the canvas. They just hung it back up. Another frame was banged, chipped, and looked terrible. I said, "You have that art in a damaged frame, why?" They changed the frame only after I complained.

The gallery owner's "investment of time and money in my training" turned out to be ten minutes a day, for five days, and nothing more. Then they said, "That's it, we can't hold your hand, you have to do the rest on your own." Now that I knew how to "sell," I had to practice in order to be smooth (I call it cunning and deceptive so that customers have no idea what's happening to them).

On my fifth day, the owner told me I was not "fitting in" and I agreed; the gallery was not for me and I was not for them. We mutually terminated my working there. I felt relieved, but terrible for having wandered into that gallery in the first place. I had never seen such high-pressure negative sales tactics used to sell art, but I'm much wiser now.

The gallery owner told me I wasn't able to sell, and she was right. I couldn't sell lies, be deceitful, manipulate, control, brainwash, pretend, be a predator, stalk customers, blow off nice people, and sell, sell, sell without any care or interest in the art, the artists, or the customers. During my short stay there, several sales personnel told me they hated themselves for working in such a place, felt badly about what they were doing, but couldn't quit because they needed the money. I don't care how much financial trouble I get into; I never want to sell art with smoke and mirrors.

[NATA NOVA]

(Let me qualify)

Article Lana (post number 8) from here:

http://www.artbusiness.com/arttarget2.html

[Pavel]

Everyone knows that Matisse was a notary.
He did draw up a contract with a gallery of Petey.
A good example.
advise posmtoret.
Matisse was still a young artist when zakklyuchal first contract.
General contract a dangerous thing.