TOMÉ ART GALLERY, LLC
2930 Highway 47
Los Lunas, NM 87031

(You can print these pages to fill out and bring into or send to the Gallery)

Contact: Deb Christensen, Scheduling Representative
505-480-9658
debmmichel1942@gmail.com or tomegallery@gmail.com

Contract/Membership Agreement
between
Artist and Tomé Art Gallery, LLC

Between ____________________(Artist/Craftsperson)

And ________________________(Gallery Representative)

Dated:______________________

Membership Category: ______________________

Gallery Commission Rate to Artist: ___________________

WHEREAS, the Tomé Art Gallery, LLC ("the Gallery") is engaged in the sale of works or art and crafts; and

WHEREAS, The Artist has created (expended time and labor on), and owns certain works ("Works");

WHEREFORE, in consideration of mutual conditions contained herein;

1. Promises of the Gallery:

a. To make all reasonable efforts to sell Work at a price provided by the Artist. The Gallery will take (20%, 25%, 30%, or 50%) commission on all sales, based on Membership category.
b. To display any/or all Works at the discretion of the Gallery Curator(s) based on availability of space. Managers and Working members will receive first priority in the allotment of space. Artists may be asked to supply items upon which to display their work (shelf, pedestal, case, etc.).
c. To bear most expenses of promotion, openings and the like.
d. To exercise all due and reasonable care in the handling, display, and storage of the Work until sold or returned to the Artist. The Gallery shall NOT be responsible for any breakage or damage to the Work caused by any Member of the Gallery or the general public in the normal course of business. The Gallery is also NOT liable for any theft, fire, or other damage caused by an act of nature (fire, flood, etc.). The Artist is solely responsible for any insurance or individual protection for his/her Work.
e. To pay the Artist at least once per month, after withholding any required sales tax and commission. To send with the check, a statement containing a description of the particular Works sold and the amount being paid to the Artist and the amount retained by the Gallery. Checks will be issued at the beginning of the month following a sale.
f. To transmit Special Order requests to the Artist for acceptance. When the Artist accepts these requests, the Artist may deal directly with the purchaser. The Gallery shall be entitled to its regular commission on all Special Orders referred to the Artist.
g. To return to the Artist any and/or all items belonging to the Artist if requested. All inventory sheets must reflect the items removed or exchanged from the Gallery and the Artist shall sign the inventory sheet stating that he/she has removed or exchanged such item(s). Artist will bear the cost of shipping if necessary.

2. Promises of the Artist/Craftsperson

a. To contribute an annual fee of $25.00 ($10.00 for musicians or authors) by February 1 of each year.______________ (Please initial) Failure to pay this fee by due date will cancel this agreement (see Section 3 a).
b. To be the creator of the Works described in the Inventory and to be the sole owner of the Works and to have full authority to enter into this Agreement. All work is to be handmade. Incidental commercially made components shall be accepted at the discretion of the Managers.
c. To allow the Gallery to sell the Works to a purchaser as it sees fit and to pay the Artist the price listed on the Inventory sheet, less Gallery commission.
d. To inform the Gallery of any change in e-mail and mailing address and phone number. Failure to do so may result in delays in payments to the Artist. The Gallery communicates with the Artists primarily by e-mail. If Artist does not use e-mail, please inform Gallery of best way to contact you.
e. To deliver the Work to the Gallery in good condition and accompanied by a full Inventory list, including item description, any identifying stock numbers, retail price, and date delivered. Each item must be marked with its price and the Artist’s name or initials.
f. To be responsible for any insurance on the work. The Gallery is responsible for insurance on the premises, but is not responsible for loss of Work due to accident, fire, flood, acts of nature, theft or vandalism.
g. To work at the Gallery on all days scheduled (if a Sales Clerk). Sales Clerks will be scheduled to work each month and schedules will be prepared on the 15th of the month prior to the scheduled month. Before the 15th, Artist must tell the scheduler if there are days he/she cannot work. After the schedule is distributed Clerks must find a replacement worker if they are unable to work their scheduled days. Failure to work on assigned days or to obtain a replacement worker will require worker to make up the day missed in the following month.
h. To participate in Gallery receptions and functions to promote Artists and Gallery.

3. Agreement Terms

a. This Agreement shall continue from January 1 to December 31 or until one or both parties decide to change or cancel it. A contract for the upcoming year will be mailed to each current Artist in January. It must be signed by the Artist and returned to the Gallery with the appropriate annual fee before February 1. Failure to do so will terminate the Artist’s membership in the Gallery. The Artist must remove work within 7 days after cancellation of this Agreement. If work is not removed and no other arrangements are made, the Gallery may dispose of the Work as it sees fit.
b. If there are no sales of the Work within 180 days, the Gallery may request Work be removed.
c. All Work shall be juried into the Gallery. The Work will be reviewed and accepted or declined by a simple majority vote of the Managers. If an Artist previously juried into the Gallery brings in a new type of Work, that Work must be juried as well.

IV. Changes:Changes

The Gallery shall notify the Artist of any changes in the personnel in charge of the Gallery or any change in ownership of the Gallery.

V. Sole and Entire Agreement:.

This written Agreement contains the sole and entire Membership Agreement between the Tome Art Gallery and the Artist whose name appears herein. This Agreement supersedes and replaces any other agreement between the parties. The parties acknowledge and agree that neither of them has made any other agreement between them and that they have relied on their own best judgment in entering into this Agreement. The parties further agree that any “private” or “aside” statements or promises concerning the above-mentioned matters are void at this time and the statements in the Agreement are current and ongoing.

6. Modification

No modification of the Agreement shall be valid unless in writing, acknowledged and executed by both parties to the Agreement.

7. Heirs and Assigns

This Agreement shall be binding upon the parties hereto, their heirs, assigns, and personal representatives.

Agreed to and accepted:

ARTIST: _____________________________

Address: _____________________ City: _____________ State: ____ Zip: _______

Telephone: Home: ________________________ Cell: _______________________

E-Mail: ______________________________________________

AUTHORIZED MEMBER/MANAGER: _____________________________

Title: _______________________

Date: _______________________