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1. Wall Space and Payment Terms
1.1 Wall Space Description:
The Gallery agrees to provide the Artist with wall space at the following location:
Address of Gallery: 555 The Shops at Mission Viejo, Suite 928A, Mission Viejo, CA 92691
Description of Wall Space: 6 ft. H. x 8 ft W.
1.2 Monthly Fee:
The Artist agrees to pay a monthly fee of $350 for the use of the wall space. Payments will be processed via an online payment link, which contains the same details outlined in this contract.
1.3 Initial Payment:
The Artist is required to pay both the first and last month's fee, totaling $700, prior to occupying the wall space. The first payment is due upon signing this Agreement, and the last month's fee will be held as a deposit. If the Artist provides written notice of their intent to vacate the wall space, half of the deposit ($350) will be applied toward the final month's payment. If the Artist fails to provide 30 days' written notice, the entire deposit will be forfeited.
1.4 Payment Method:
The Artist will make payments via the provided online link, which is tied to this contract. Payments are due on the 1st day of each month. The Gallery is not responsible for any payment processing delays or failures caused by third-party payment systems.
1.5 Late Payment:
If payment is not received by the 5th of each month, a late fee of $50 will be added to the total due amount.
2. Duration of Agreement
This Agreement will begin on the _____ day of __________, 2025, and will continue on a month-to-month basis. Either party may terminate this Agreement with 30 days' written notice. If the Artist vacates the wall space before the end of the month, no refunds will be issued. The deposit of $350 may be applied toward the final month's payment, provided the Artist provides 30 days' notice of termination. If the Artist does not give 30 days' notice, the deposit will be forfeited.
3. Sales and Commission Structure
3.1 Commission Split: Commission will be split 80/20, with 80% going to the artist and 20% to the gallery. This split applies to all sales.
3.2 Costume Comissions: Custom commissions that come directly from a customer to the artist will be 100% for the artist. However, if the commission comes from an existing client of the Gallery—where the sales representative believes the artist is suited to fulfill the custom piece for that client—the commission split will be 60% for the artist and 40% for the Gallery.
3.3 Payment for Sales:
The Gallery will pay the Artist the net amount (after commission) via Zelle, which is the preferred payment method. In certain circumstances, the Gallery may issue payment via check. - - Payments will be made on the 1st day of the following month for any sales completed in the preceding month.-
4. Insurance and Liability
4.1 Artist's Insurance:
The Artist agrees to provide their own insurance coverage for their artwork and any items displayed in the Gallery (OPTIONAL). The Gallery is not responsible for any damage, theft, or loss of the Artist’s artwork or personal items.
4.2 Gallery Liability:
The Gallery is not liable for any theft, vandalism, or damage to the artwork or other items of the Artist. The Artist understands that they display their work at their own risk.
5. Wall Space Usage and Marketing
5.1 Use of Wall Space:
The Artist may use the wall space to display artwork, which can be refreshed or changed as often as desired. The Artist is encouraged to keep their displays fresh and engaging. Changes can be made any day between 12 PM and 6 PM, except on the first Saturday of the month.
5.2 Marketing and Content:
The Artist is allowed to display marketing content, such as flyers, business cards, or promotional materials on their wall space. However, any marketing materials must be approved by the Gallery to ensure they align with the Gallery’s overall aesthetic and guidelines.
5.3 Online Membership and Artist Profile:
The Artist will receive an online membership on LagunaART.com to showcase up to 9 artworks on the Gallery's website. During the period that the Artist’s work is displayed in the physical gallery, the Artist’s name will also be featured as part of the Featured Artist collection on the website. The artworks displayed in the physical gallery should be reflected in the Artist’s online profile. If the Artist rotates their display in the physical gallery (e.g., monthly), the Artist must connect with the Gallery’s online curator to update or add new pieces to their online profile.
6. General Terms
6.1 Wall Space Modifications:
The artist is permitted to hang artworks using methods such as nails or small drill holes, which are considered standard and acceptable. However, the artist agrees not to modify or damage the wall in any permanent way. Any modifications to the wall must be approved by the Gallery in writing. If any severe damage occurs, the artist will be responsible for repairing it to the Gallery's satisfaction.
6.2 Compliance with Laws:
The Artist agrees to comply with all local laws and regulations, including copyright laws, in relation to the artwork displayed in the Gallery.
6.3 Termination:
Either party may terminate this Agreement with 30 days’ written notice. Upon termination, the Artist must remove their artwork and materials from the Gallery premises. No refund will be given for any portion of the fee if the Artist vacates the wall space early.
6.4 Force Majeure:
Neither party shall be held responsible for failure to perform any obligations under this Agreement if such failure is due to circumstances beyond their control (e.g., acts of God, natural disasters, etc.).
6.5 Entire Agreement:
This Agreement constitutes the entire understanding between the Gallery and the Artist. Any modifications or additions to this Agreement must be made in writing and signed by both parties.
This agreement will be sent via email and must be signed by both the Gallery representative and the Artist or the Artist's representative.
____________________
Curator,
Yeslins
949-257-9008 | yeslins@lagunaart.com | info@lagunaart.com
