I have had several artists ask if they need a contract when being accepted into a gallery. This is a great question as artists tend to be trusting and so thankful to get into a gallery they overlook the legal aspects of their work.
Here is the skinny. When you are accepted for gallery representation you are thrilled. Contracts? I don’t need a contract as they are so nice and OMG, I am in a gallery…and a really good one! Yippee!
But here comes the rub. What if they discount the price of one of your paintings and all the discount comes out of your commission. Is that what you expected? Don’t you think it would be better if you and the gallery shared the discount?
When you question the gallery about this their answer is usually….This is the way we do business.
OR…
Perhaps you sell a painting and keep waiting for your check. When you ask about it they tell you they only pay every three months. Really? Why didn’t I know that?
A contract spells out exactly what will happen when you sell a painting, the percentages, how discounts are handled, payment method, etc. It is in writing and this is when words on paper are very important.
Here is another important thing to think about. What if you don’t agree with something in the gallery contract? Should you ask for a change or suck it up so not to blow the deal?
Remember what is in the contract is legally binding and if you really don’t agree with what it says then by all means speak up. Express your concerns and ask for their opinion.
Communicate with the gallery as a professional because that is what you are…a professional artist.