This is not a consignment agreement, it is a statement of affairs that Syzygy Gallery would like the consigning Artist to be aware of. Please print this, Complete as indicated on the printable version, writing any comments and additional information on back. Deliver or mail to: SYZYGY Art Gallery, 9901 Emmaus, St. John Vl 00830.

This document does not bind anyone to any agreement it is simply a statement of understanding. Go to Printer Friendly Version of this Understanding

It is understood that:

The SYZYGY Art Gallery is operated by Barr Lewis and is located at the Skinny Legs Complex in Coral Bay with the address & telephone number of: 9901 Estate Emmaus, St. John Vl 00830: (340) 693 0084.

The Artist Artworks are consigned at the Gallery for the purposes of exhibition, sale and promotion. The Gallery will not permit the Artworks to be used for any other purposes without receiving specific consent of the Artist.

The Artist will receive a receipt of inventory for Artworks the Gallery accepts on consignment listing a description of those Artworks and the expected retail value.

The consignment of Artworks shall continue until the Artist requests the return of any or all of the Artworks, or the Gallery requests that the Artist take back any or all of the Artworks. When such a request has been made the other party will comply promptly.

The Gallery will not lend out, or sell on approval any of Artworks, without first obtaining permission from the Artist.

The Title of Artworks remains in the Artist until the Artist has been paid the full amount owing him or her for the Artworks; title then passes directly to the purchaser.

The Artist retains all rights to the reproduction of the Artworks except as specifically agreed to. The Gallery has the right to photograph Artworks to publicize and promote the Artworks and Gallery and to display on the Internet at the Gallery website. In every instance of such use, the Artist shall be acknowledged as the creator and will maintain the copyright ownership of the Artwork. The Gallery actively disallows visitors to take photographs of Artworks displayed.

Artists are asked to provide the Gallery with a bio, a photo of them self (the Gallery will take one if possible), and a couple of photos of relevant Artworks to be included in the ''About the Artists'' book kept at the Gallery for visitors to view. The bio may be edited to fit in with the book and/or the website. The Artist should review what eventually does get published to ensure it is as they would like to be represented.

Fiduciary & Liability

The Artist is responsible for the delivery of Artworks to the Gallery and the return of Artworks to the Artist from the Gallery, including all expenses costs and liabilities.

The Gallery takes the issue of safekeeping all consigned Artworks seriously. The Gallery shall be careful and respectful of all Artworks at all times.

Know that the Gallery is not insured for fire, theft, hurricanes or other damaging influences related to its location and the housing of its Artworks.

The Artist is aware that due to the location and structure of the Gallery the condition of Artworks may be influenced by direct sun, dust, or sand (and occasionally small creatures) and that Artworks are often displayed on the wails of the deck which is not heavily protected from the weather. The Artist is also aware that cards, prints and unframed Artworks that are placed in bins on the tables and on the deck are subject to being flipped back and forth regularly by perspective buyers.

Only in the event of overt Gallery negligence resulting in loss or damage to Artworks shall the Gallery shall be liable to the Artist for their loss up to the full amount the Artist would have received from the Gallery if the Artworks had been sold.

In the event of a Hurricane warning the Artworks will be removed from the walls and shelves, bubble wrapped and packed, gently and securely, into plastic containers or, in the event of larger pieces, sealed heavy duty bags and stored in the locked Gallery. If the Artist feels that this is not sufficient protection of their Artworks then it is the responsibility of that Artist to take their Artworks into their own care. The Artist must realize that should a hurricane make a direct hit resulting in damage or loss to Artworks there will be no recourse.

Selling Price, Percentage & Payments

The Gallery's commission is 50% percent of the Selling Price of the Artwork. With the exception of the "quantity" or "local" discount occasionally applied (described below), the Gallery will not sell the Artwork for less than the listed retail price without consulting the Artist. Artist will receive 50% of the selling price even if it is higher than the listed retail price.

There are occasions that the Gallery allows up to a 10% discount on Artworks priced over fifty dollars for a local purchaser (local discount), in the event of multiple Artworks sold to same buyer at same time (quantity discount), or to close the sale on Artworks whose retail price exceeds a hundred dollars. Under such a circumstance the 10% discount is equally shared by the Artist and the Gallery resulting in each absorbing a 5% cut.

All Artworks sold in a month, whether on the 1st or the 30th of that month, will be paid for the following month. The Gallery makes every effort to handle the accounting and sending out of checks during the first two weeks of each month. The exception is during the (very) slow season. Business is very quiet, if existent, during the months of September and October. Checks for August sales will be sent out in September but it is possible that no other checks will be issued before the second half of November when the Gallery is gearing up for the new season.

When Artworks of the Artist are sold the Artist will receive, along with the payment check, a statement of accounts detailing Artworks sold, selling price, discount if any, percentage and amount paid Artist. Such a statement encompassing the full year is provided during the January following.

The Artist is expected to pay the Gallery 10% of the Retail Price of Commissioned Artwork when the Commission originates from visitors of the Gallery or the Gallery's website.

Gallery Website

The Gallery has a website, www.syzygyArtGallery.com, that allows visitors to view Artworks displayed at the Gallery, to learn about the Artists featured at the Gallery, and to purchase Artworks from the Gallery.

The Artist may link from another site to their page at SyzygyArtGallery.com however there will not be reciprocal linking. All communications regarding the Artist or the Artworks on the Gallery Site will go through the Gallery before being forwarded or communicated.

In some cases the retail pricing online will be more than the price it is listed to sell Skinny Legs location to provide for shipping. The Artists shall receive the same percentage of the selling price, less the shipping, in payment as they would if the Artworks were sold at the Gallery.

Artworks that are not currently on display at the Skinny Legs location may be displayed and sold on line provided the Artist agrees to bring the Artwork into the Gallery in a timely manner for delivery to the purchaser, and to inform the Gallery immediately if the Artwork has been sold.

The Artist must let the Gallery know if he/she does not want to be represented on the website.

Abandoned Artworks

It is up to the Artist to remain in contact with the Gallery ensuring that the Gallery has current contact information including address, phone numbers and email address. The Artworks of Artists whose contact information is outdated for over six months, whereby the Gallery is unable to locate them, will be considered abandoned. The Artworks may still be sold and the proceeds will be held for the Artist for a period of ninety days after which the Gallery will absorb the Artist's share.

This document does not bind anyone to any agreement it is simply a statement of understanding. Please go to the printable version of this page, print it, complete it where indicated, and deliver it as requested and specified.