Exhibitions: how much are organized each year by the gallery for the artist, what type (solo/group/mixed) and how long; whether the gallery may exhibit works other than on the premises of the gallery; whether the artist can exhibit and/or sell works other than the works delivered to another gallery. (Many artists promise to show their works in other galleries, often work in a different medium than the one left to the dealer. Serious problems can and will arise when the merchant discovers the agreement and contradicts it or asks for his sales commission. Many non-commercial galleries – “public” – do not realize that artists who want to show them have a “gallery market” and can, unknowingly, make embarrassing “double deals”, often with established artists. the financial arrangements made for the exhibitions. Applicable law: which law should govern the settlement of disputes through the agreement? (The art trade is international and transactions can be done anywhere in the world. This may mean that another foreign law should be applied to settle the dispute. If English law is not declared applicable, the parties may have to pay expensive attorneys` fees for foreign legal experts.) Arbitration: the question of whether the parties should have an independent arbitrator in the event of a dispute over the terms of the agreement. (In order to avoid costs and time by going around the courts.) Artists and galleries often fail to recognize the extent of their common responsibilities and rights when uniting in this way. Very few galleries use written forms of agreement and prefer to rely on memory and mutual trust.
(Suppose the gallery is in New York, the artist in London, who is going to know if the agency is expanding to the US, UK, Canada, Europe and the world? Is the artist free to take care of another gallery (in London or Tokyo)? The topics discussed below are considered essential points for discussion and agreement: many seem quite obvious; all of them have caused serious economic and aesthetic problems in the past that could have been avoided so easily. It is up to the artists and galleries themselves to decide whether these points should be included in a written gallery contract. Thank you for your insight, David. I was also “stiff” by a gallery in New Mexico, but I was finally able to get the money they owed me. You are right that a contract without other resources may not offer adequate protection in itself. . . .