contract for the sale of fine art photography

8/7/2019 Contract for the Sale of Fine Art Photography

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Contract for the Sale of Fine Art Photography

AGREEMENT, entered into as of the ______ day of ____________, 20______, between ______________________________

(hereinafter referred to as the Photographer), located at______________________________________________________

________________________________, and ______________________________ (hereinafter referred to as the Collector),located at _______________________________________________________________________________, with respect tothe sale of an artwork (hereinafter referred to as the Work).WHEREAS, the Photographer has created the Work and has full right, title, and interest therein; andWHEREAS, the Photographer wishes to sell the Work; andWHEREAS, the Collector has viewed the Work and wishes to purchase it;NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations, covenants, and condi-tions hereinafter set forth, and other valuable considerations, the parties hereto agree as follows:1. Description of Work. The Photographer describes the Work as follows:

Title ____________________________________________________

Medium _________________________________________________

Size _____________________________________________________

Framing or Mounting ______________________________________

Year of Creation __________________________________________

Signed by Photographer: Yes No

The Photographer warrants that this work is unique (one of a kind): Yes NoIf the Work is part of a limited edition, indicate the method of production __________________; the size of theedition_________; how many multiples are signed_________; how many are unsigned________; how many arenumbered______; how many are unnumbered______; how many proofs exist______; the quantity of any prior edi-tions______; and whether the master image has been cancelled or destroyed yes no.

2. Sale. The Photographer hereby agrees to sell the Work to the Collector. Title shall pass to the Collector at suchtime as full payment is received by the Photographer pursuant to Paragraph 4 hereof.

3. Price. The Collector agrees to purchase the Work for the agreed upon price of $____________, and shall also payany applicable sales or transfer taxes.

4. Payment. Payment shall be made in full upon the signing of this Agreement.5. Delivery. The Photographer Collector shall arrange for delivery to the following location: _____________________

________________________________ no later than _________________, 20____. The expenses of delivery (including,but not limited to, insurance and transportation) shall be paid by ___________________________________.

6. Risk of Loss and Insurance. The risk of loss or damage to the Work and the provision of any insurance to coversuch loss or damage shall be the responsibility of the Collector from the time of______________________________ _____________________________________________.

7. Copyright and Reproduction. The Photographer reserves all reproduction rights, including the right to claimstatutory copyright, in the Work. The Work may not be photographed, sketched, painted, or reproduced in anymanner whatsoever without the express, written consent of the Photographer. All approved reproductions shallbear the following copyright notice: by (Photographers name) 20____.

8. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and per-sonal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can bemodified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisionsof this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisionshereof. This Agreement shall be governed by the laws of the State of _________________.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above.

Photographer ________________________________________ Collector ________________________________________


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Purpose of Delivery _________________________ ________________________________________________

Format/ Original

Size or Dupe

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

*Value is in case of loss, theft, or damage. If digital files are submitted, the Value, Quantity, and Original or Dupecolumns should not be completed.

Total Color__________________ Total Black and White___________________

Please count all photographs and conrm that the count is accurate by returning one signed copy of this form. If objection is not immediately made by return mail, the Recipient shall be considered to accept the countshown on this form as accurate and that the photographs are of a quality suitable for reproduction.

Acknowledged and Accepted _____________________________________________________ Date_____________Company Name

By __________________________________________________________Authorized Signatory, Title

Subject to All Terms and Conditions Above and on Reverse Side

Delivery Memo

Recipient ____________________________________________ Date ____________________

Address_______________________________________________ Delivery Memo No. __________________________________________________________________________ Purchase Order No. ____________________

Per Request of ______________________________________________ Telephone ____________________

Photo Return/Response Due __________________________ Extension Granted ____________________________

Value* Quantity Description/File Number BW/Color

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1. Purpose. Photographer hereby agrees to entrust the photographs listed on the front of this form to the Recipientfor the purpose specified. "Photographs" are defined to include digital files, transparencies, prints, negatives, andany other form in which the images can be stored, incorporated, represented, projected, or perceived, includingforms and processes not presently in existence but which may come into being in the future.

2. Acceptance. Recipient accepts the listing and values as accurate if not objected to in writing by return mailimmediately after receipt of the photographs. If Recipient has not signed this form, any terms on this form notobjected to in writing within 10 days shall be deemed accepted.

3. Ownership and Copyright. Copyright and all reproduction rights in the photographs, as well as the ownershipof digital files and the physical photographs themselves, are the property of and reserved to the Photographer.Recipient acknowledges that the photographs shall be held in confidence and agrees not to display, copy, ormodify directly or indirectly any of the photographs submitted, nor will Recipient permit any third party to do anyof the foregoing. Without limitation to the foregoing, Recipient shall not tamper with or alter in any way metadatathat accompanies the photographs and shall, in addition, safeguard the photographs to prevent any violation of

this paragraph. Reproduction, display, sale, or rental shall be allowed only upon Photographers written permissionspecifying usage and fees.

4. Loss, Theft, or Damage. Recipient agrees to assume full responsibility and be strictly liable for loss, theft, ordamage to the photographs from the time of shipment by the Photographer receipt by the Recipient untilthe time of shipment by the Recipient receipt by the Photographer. Recipient further agrees to return all ofthe photographs at its own expense by the following method of transportation: ______________________________.Reimbursement for loss, theft, or damage to a photograph shall be in the amount of the value entered for thatphotograph. Both Recipient and Photographer agree that the specified values represent the value of the photo-graphs. If no value is entered for an original transparency, the parties agree that a fair and reasonable value is$1,500 (Fifteen Hundred Dollars).

5. Insurance. Recipient does does not agree to insure the photographs for all risks from the time of ship-ment from the Photographer until the time of delivery to the Photographer for the values shown on the front of thisform.

6. Holding Fees. The photographs are to be returned to the Photographer within _____ days after delivery to theRecipient. Each photograph held beyond _____ days from delivery shall incur the following weekly holding fee:$_______ which shall be paid to the Photographer when billed.

7. Arbitration. Recipient and Photographer agree to submit all disputes hereunder in excess of $_____________ toarbitration before ______________ at the following location __________________ under the rules of the AmericanArbitration Association. The arbitrators award shall be final and judgment may be entered on it in any court havingjurisdiction thereof.

8. Miscellany. This Agreement contains the full understanding between the parties hereto and may only be modifiedby a written instrument signed by both parties. It shall be governed by the laws of the State of_________.

Terms and Conditions

contract for the sale of fine art photography

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