art on consignment agreement

The above-named party representatives from Hilton Photos & Arts, LLC hereby enter into the following

Agreement with the artist. After this form has been signed, we will discuss the price of Artworks:  

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Please note that we are not in any way affiliated with Hilton Worldwide Holdings, Inc.

 

1. Business: Hilton Photos & Arts, LLC (“HPA”) Purposes/Services. The Artist is invited to sell their art on consignment and chooses HPA as the facilitator in the sale of art (“Artworks”) consigned under the Agreement, for the purposes of advertising and sale. HPA will not permit the Artworks to be used for any other purposes without the written consent of the Artist. 

2. Consignment. The Artist hereby consigns to HPA, and the Artist accepts on consignment, those Artworks listed on an inventory sheet provided by the Artist, to be attached hereto.

3. Warranty. The Artist hereby warrants that he/she created and possesses unencumbered (uninfluenced)
   title to the Artworks and that their descriptions are true and accurate.

4. Duration of Consignment. The Artist and HPA agree that the initial term of consignment for the Artworks
   is to be a maximum of 6 months from the date sent to HPA to us via email, info@HiltonPhotosAndArts.com unless otherwise agreed to in writing. The Consignment Agreement may be renewed with the consent of
   HPA and the artist.

5. Responsibility for Loss or Damage, Insurance Coverage. Due to HPA’s inability to establish the value of consigned Artwork for insurance purposes, the Artist shall be required to maintain insurance coverage at his
   or her discretion. HPA assumes no liability for losses or damages that may occur.  

6. Fiduciary Responsibilities of Artworks. Ownership to each of the Artworks remains with the Artist until the Artist has been paid the full amount owing to him or her for the Artworks. You will be responsible for the shipment of your art including the cost of taxes, shipping, and transaction fee which is 2.9% + $0.30 for Credit/Debit cards and $3.48 + $0.49 for PayPal. Taxes are automatically calculated based on the state from which the buyer purchases your art. Ownership passes directly to the purchaser. HPA shall pay the Artist 60% of the sale proceeds and HPA retains 40% for upkeep and transaction support.

7. Pricing; HPA’s Commission; Terms of Payment. HPA shall sell the Artworks only at the Retail Price specified by the Artist to include the HPA’s commission of 40%. Any change in the Retail Price or in HPA’s commission must be agreed to in advance by the Artist and HPA. Payment to the Artist shall be made once the payment by the purchaser has been confirmed by HPA. Prices offered or advertised do not include packing, and shipping and handling, or applicable sales taxes. 

8. Submitting Artwork; Organization of Photos; Time to Upload Website. HPA will create a shared Google Drive folder in which you are responsible for submitting jpg-type images (without watermarks) to showcase your art. Images need a title, description, and price range. Images will be uploaded with the Artist’s first name or chosen nickname within 5 days of a completed Consignment Agreement that is uploaded to the Google Drive folder. After the completed purchase, the Artist must ship the art within 15 days.

9. Removal from HPA. HPA does not accept and shall not assist in
   selling artwork that is deemed offensive, obscene or discriminatory.  

10. Promotion. HPA shall use its best efforts to promote the sale of the Artworks. HPA 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 once the sale has been completed. The artist shall provide a statement of authenticity of the original artwork to the purchaser at the conclusion of the sale, should be dated and signed, and shows that the artist proves the art is originated by this artist.

11. Reproduction. The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. HPA assumes the right to use images of artwork to publicize and promote the Artworks through social media, website, print advertising, and newsletters. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork.  

12. Accounting. A statement of accounts for all sales of the Artworks shall be furnished by HPA to the Artist on a regular basis as indicated under section 7 of this agreement. The Artist shall have the right to inventory his or her Artworks and to inspect any books and records pertaining to sales of the Artwork.  

13. Termination of Agreement. Notwithstanding any other provision of this agreement, the Agreement may be terminated at any time by either HPA or the Artist by means of written notification of termination from either party to the other. In the event of the Artist’s death, the estate of the Artist shall have the right to terminate
    the Agreement. Within thirty days of the notification of termination, all accounts shall be settled.

14. Procedures for Modification. Amendments to this Agreement must be signed by both Artist and HPA and attached to this Agreement. Both parties must initial any deletions made on this form and any additional provisions written into it.  

15. Miscellaneous. This Agreement represents the entire agreement between the Artist and HPA. If any part of this agreement is held to be illegal, void, or unenforceable in relation to any other part: in such case, the document shall be construed as if such invalid or unenforceable provision had not been included. 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. This Agreement shall not be assigned, nor shall it insure to the benefit of the successors of HPA, whether by operation of law or otherwise, without the prior written consent
    of the Artist.  

16. Choice of Law. This Agreement shall be governed by the law of the State of Delaware.  

17. A copy of this agreement must be on file at Hilton Photos & Arts, LLC., Long Neck, DE 19966 before art
    is listed and advertised. This only needs to be filed once unless changes to this agreement are made.