Contracts checklists
9 Termination
- How can the relationship be brought to an end? Note: It is best practice to agree under what circumstances the relationship can be terminated and the result for each party. Ideally either party should be allowed to give a minimum period of notice (say one or two months) to end the relationship at any time. In practice once a relationship has gone sour, representation is often terminated without notice.
- Will the gallery/dealer still receive commission on any sales it initiated once the relationship has come to an end? Note: It is common for gallery/dealers to continue to receive commission on any sales to buyers introduced by the gallery/dealer for a period after the relationship has ended. Or on occasion to share this commission with another gallery/dealer who has taken up representing the artist.
- What will happen if the artist dies?
- What will happen if the gallery/dealer goes out of business? Note: Unless the gallery/dealer has bought the work outright, any unsold work held on consignment will still belong to the artist. The artist should be able to recover this work from the gallery/dealer or its receiver or administrator. In this situation the artist should act swiftly and go to the gallery/dealer to request the work back, then write to the gallery/dealer requesting return of the works and including copies of the consignment note as proof of delivery.
If the gallery is already closed the artist writes to the receiver demanding return of the work held by the gallery/dealer enclosing the consignment note that proves ownership. This letter should be sent recorded delivery and a copy kept.
