Consignment Agreement
The Artist (name and address listed in the online account) and SHRM Online Art Ventures LTD offices are located at Plot 5 Main Street, Jinja, Uganda.
hereby enter into the following Agreement:
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Agency; Purposes. The Artist works with The Creative Tribe for the sourcing of works of art (“the Artworks”) consigned under this Agreement, for exhibition and sale. The Creative Tribe shall not permit the Artworks to be used for any other purposes without the written consent of The Artist.
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Representation. The Artist hereby appoints The Creative Tribe as their representation to sell or otherwise make available the Artworks in this consignment for acquisition to the public. The Artwork listed in the annex of this agreement can be sold through The Creative Tribe or 3rd Parties in partnership with The Creative Tribe for the duration of this agreement. If the Artist wishes to
withdraw their artworks, an official request must be made to The Creative Tribe via Email.
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Consignment. The Artist hereby consigns to The Creative Tribe, and The Creative Tribe accepts on consignment, those Artworks listed by the artist for review. The Creative Tribe will then select artworks from these, to be featured in their catalog.
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Authority of Accepted Artist’s Works. Works of art may be accepted for consignment only by The Creative Tribe or by any person designated by them in writing as authorized to accept work of arts hereunder. The Creative Tribe reserves the right to reject artworks at their discretion.
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Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks and that their descriptions are true and accurate. The Artist also confirms that all information provided for each artwork, during submission, is correct. The Artist can update information about the artworks afterward as long this information is valid in keeping with the previous statement.
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Duration of Consignment. The Artist and The Creative Tribe agree that the initial term of consignment for the Artworks is to be as long as the artwork is listed on the website/ catalog (with possible extension), and that The Artist does
not intend to request their withdrawal from the platform (over the time of this
agreement, the artworks are kept at a safe place identified by The Artist, ready for
immediate shipping). The Artist may remove their Artworks by requesting the
removal of their artworks via Email, thus terminating the duration of consignment.
If the Artworks are sold outside of The Creative Tribe, The Artist is obligated to
request the removal of the Artworks before the sale. If a dispute occurs, The
Creative Tribe reserves the right of preference for Artworks listed while being
sold privately.
- Transportation Responsibilities. Local timely (within two working days
from the order through The Creative Tribe platform) and secure
packaging/preparation for sending the Artworks is the responsibility of The
Artist. - Fiduciary Responsibilities. Title to each of the Artworks remains with the
Artist, until she/he has been paid the full agreed amount owing him or her for
the Artworks; title then passes directly to the purchaser. All proceeds from the
sale of the Artworks shall be held in trust for the Artist by The Creative Tribe. The
Creative Tribe will pay the Artist’s sale proceeds due directly. (15 days after the
client receives the artwork or payment will be reconciled monthly. - The Creative Tribe shall not lend out, or sell on approval any of
the Artworks, without the permission of the Artist; by agreeing on presenting the
Artworks on The Creative Tribe online platform, The Artist agrees on selling the
Artworks through this channel. - Pricing; The Artist’s Commission; Terms of Payment. The Creative
Tribe shall sell the Artworks only at the Platform Price declared to The Artist. The
Creative Tribe and The Artist agree that, after deduction of standard sales tax
from the Platform Price (excluding shipping/transport cost), The Creative
Tribe’s commission is to be 20 %. Any change in the Platform Price, or in The
Creative Tribe’s commission, must be agreed to in advance by The Artist and The
Creative Tribe. Payment to The Artist shall be made by The Creative Tribe within
15 days after the Artwork reaches the customer. The Creative Tribe assumes full
risk for the failure to pay on the part of any purchaser to whom it has sold
an Artwork.
- Framing. Artworks will be sent according to the specifications of the buyer’s
order. The Artist is responsible for framing the Artwork if it is required. The
Creative Tribe and The Artist agree that The Artist’s expense will be factored into
the marketplace Price and full compensation for framing will be given to The
Artist upon the sale of the Artwork. The Artist MUST provide the price of framed
Artwork vs unframed Artwork. - Promotion. The Creative Tribe shall use its best efforts to promote the sale
of the Artworks. The Creative Tribe agrees to provide an adequate display of
the Artworks and to undertake other promotional activities on Artist’s behalf. The
Creative Tribe 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
Creative Tribe and The Artist shall agree in advance on the division of financial
responsibility for expenses incurred in specific The Creative Tribe’s exhibitions
and other promotional activities undertaken by The Artist on behalf of The
Creative Tribe. - Reproduction. The Artist reserves all rights to the reproduction of
the Artworks except as noted in writing to the contrary. In every instance of use
of the Artwork by The Creative Tribe for promotional purposes, the Artist shall be
acknowledged as the creator and copyright owner of the Artwork. The Creative
Tribe shall include on each bill of sale of any Artwork the following legend: “All
rights to reproduction of the work(s) of art identified herein are retained by the
Artist: NAME.”
Prints, photos or similar listed will be sold as limited signed editions. The Artist
herewith confirms that he/she will not produce more than the agreed number for
each artwork; and that any copy of the attached ‘artworks list’, no matter through
which channels sold, will follow commission allocation as outlined under
paragraph 11 of this agreement. - Termination of Agreement. Notwithstanding any other provision of
this Agreement, this Agreement may be terminated at any time by either The
Creative Tribe or The Artist, by giving a thirty (30) day written notification of
termination from either party to the other. Within 15 days of the notification of
termination, all accounts shall be settled.
- Procedures for Modification. Amendments to this Agreement must be
signed by both The Artist and The Creative Tribe and attached to
this Agreement. Both parties must initial any deletions made on this form and
any additional provisions written onto it. - Miscellany. This Agreement represents the entire agreement between The
Artist and The Creative Tribe. If any part of this Agreement is held to be illegal,
void, or unenforceable for any reason, such holding shall not affect the validity and
enforceability of any other part. A waiver of any breach of any of the provisions of
this Agreement shall not be construed as a continuing waiver of other breaches of
the same provision or other provisions hereof. - Choice of Law. This Agreement shall be governed by the laws of the
Republic of Uganda. - Data protection. with the signature of this consignment agreement, The
Artist agrees to The Creative Tribe’s terms and conditions, the privacy policy, the
authenticity guarantee, the cancellation and refunds, and the shipping and
delivery policies.