Agreement Checklist

Agreements should capture negotiated details and outline:

• parties to the agreement (is the contracting party an individual/company/partnership/trust/Art Centre/organisation or other?) 

• term (how long does each party intend the relationship to last?)

• territory of gallery representation (international/national/state-based)

• agency conditions (including exclusivity/non-exclusivity/representation by Art Centre)

• title (ownership) of works and transfer of ownership 

• exhibitions (including physical, online or platform) and frequency

• cost of openings (costs and organisation of staff/hospitality/hire/security/promotion/other expenses)

• art fairs (does the gallery participate/responsibility for costs?)

• opening hours and staffing at opening nights and during the exhibition

• artwork prices (how will they be set?)

• percentage of gallery commission on general sales (GST inclusive or non-inclusive/online or in-house?)

• percentage of gallery commission on prizes, awards, charity auctions etc.

• percentage of gallery commission on commissioned works (consider artist income vs cost of production)

• terms regarding exhibiting at other commercial galleries

• gallery sales procedures, invoicing, frequency and provision of statement of accounts to artists

• payment to artists (timing and transparent allocation of costs)

• GST (respective responsibilities for payment and artist GST registration) 

• installation and display of artworks (lighting/plinths/labels/technical equipment) 

• delivery and return of artworks (organisation responsibility, insurance and cost allocation) 

• documentation, images and advertising (cost and supply) 

• social media posts (embargoes/controls/timing/platforms) 

• website references or links by both parties (function and termination) 

• copyright (ownership/rights/permissions/reproductions for promotional purposes) 

• Indigenous Cultural and Intellectual Property protocols

• promotion rights (promoting the artist name and biography)

• contact details of purchasers and availability to artists 

• equity protocols

• access provisions and costs for the artist to install, present or promote their work

• confidentiality 

• maintenance of artworks on display and in store (allocation of responsibilities) 

• accessibility and safety of gallery premises and artworks

• respective duties of care (of gallery and artist) 

• insurance and indemnities

• responsibility for damage to artworks 

• insurance for loss or damage to artworks

• termination of agreement by either party 

• disputes and mediation procedures 

• Personal Properties and Securities Act provisions