TOMÉ ART GALLERY CO-OP

2930 Highway 47
Los Lunas, NM 87031

PROCEDURES FOR JOINING

(the legal stuff)

(You can print out these pages to fill out and bring into or send to the Gallery)

Contact: Vern Deas
Coop Membership Representative
505-566-0599
grnamadeas@att.net

Consignment or Working, Financial, or Manager

Membership Agreement

between

Artist/Craftsperson
and

Tomé Art Gallery Cooperative

Between ____________________(Artist/Craftsperson)
And ________________________(Gallery Representative)
Dated:______________________

Membership Category: ______________________
Gallery Commission Rate: ___________________

RECITALS

WHEREAS, the Tomé Art Gallery Cooperative ("the Gallery or Co-Op") is engaged in the sale of works or art and crafts; and

WHEREAS, Artist/Craftsperson has created, expended time and labor on, and own certain works ("Works");

WHEREFORE, in consideration of mutual conditions contained herein;

I. Promises of the Gallery:

a. To make all reasonable efforts to sell work at a price provided by the Artist/Craftsperson which includes (20%, 25%, 30%, 40% or 50%) markup as commission. In other words, the Gallery will take (20%, 25%, 30%, 40% or 50%) commission on all sales. Make sure your inventory sheet includes the markup from your wholesale price.

b. To display for an indefinite period, any and/or all said Works at the Co-op's discretion. It is understood that all expenses of advertising, promotion, openings and the like shall be borne by the Gallery.

c. To exercise all due and reasonable care in the handling, display, storage and temporary delivery to other persons of the Work until sold or returned to the possession of the Artist/Craftsperson. The Gallery shall NOT be responsible for any breakage or damage to the Work caused by any member of the co-op or the general public in the normal course of business. The Gallery is also NOT liable for any theft, fire or other damage caused by an act of nature (fire, flood, etc). The Artist/Craftsperson is solely responsible for any insurance or individual protection of his/her Work.
d. After withholding any required sales tax and commission, to pay the Artist/Craftsperson at least once a month (typically at the end of the month) in the form of a check issued by the Gallery.

e. To send along with the payment, a statement containing a description of the particular Work sold, date of sale and amount being paid to the Artist/Craftsperson and the amount paid to the Gallery.

f. If the Gallery receives special order requests from purchasers, to transmit these requests to the Artist/Craftsperson for acceptance. When the Artist/Craftsperson accepts these requests, the Artist/Craftsperson may deal directly with the purchaser. The Gallery shall be entitled to its regular commission on all special orders referred to the Artist/Craftsperson.

g. To return to the Artist/Craftsperson any and/or all items belonging to the Artist/Craftsperson with at least two days' advance notice. All inventory sheets must reflect the items removed or exchanged from the promises and the Artist/Craftsperson sign the inventory sheet stating that he/she has removed or exchanged such item(s).

h. The Gallery shall have no rights concerning any work not specifically covered by this Agreement.

A copy of this Agreement along with a copy of an updated inventory sheet shall be supplied to the Artist/Craftsperson after all signatures are obtained.

j. To feature Artist/Craftsperson's work on the dedicated website.

k. To strongly encourage any artist who desires to do a one-person or two-person show. The show can be from two to thirty days in duration. The Gallery will provide space, a mailing list, a publicity mailing list and other negotiable support.

II. Promises of the Artist/Craftsperson:

a. The Works described in and/or inventory lists are created by the Artist/Craftsperson and he/she is the sole owner of the Works and has full authority to enter into this Agreement. All work is to be handmade. Incidental commercially made components shall be accepted at the discretion of the jurying membership.

b. The Gallery is entitled to sell and deliver the Works to a purchaser as it sees fit and to pay the Artist/Craftsperson the price listed on that person's inventory sheet.

c. During the term of this agreement, not to negotiate for or sell the Works residing at the Gallery without consent of the Gallery.

d. To inform the Gallery of any change in address and/or phone number.

e. To deliver the Work to the Gallery in good condition and accompanied by a full inventory list, including item description, any identifying stock numbers, price to be paid to the Artist/Craftsperson and date delivered. If items are delivered by mail, the date shall be the date received by the Gallery.

f. To be responsible for any insurance on the Work. The Gallery is responsible for insurance on the premises but is not responsible for loss of Work due to fire, flood, acts of nature, theft or vandalism.

g. To consider participating in a one- or two-person show for a duration of two to thirty days.

Ill. Gallery Purchases:

If and when the Gallery wishes to establish a permanent collection and/or display, it may purchase any Work for the wholesale price listed on the inventory sheet OR retail, less the 40% commission usually collected by the Gallery.

IV. Agreement Terms:

a. This agreement shall continue indefinitely until one or both parties decide to change or end it. There will be a seven-day advance notice by either party in which the Artist/Craftsperson is responsible for removing his/her Work from the Gallery. If the Works are not removed within thirty (30) days of notice of termination, the Gallery will begin charging a storage fee of $25.00 per month. If the storage fee is not paid and the Works remain in the Gallery after 180 days, the Works become the property of the Gallery in payment of storage fees.

b. If there are no sales of the Work and no communication between the Artist/Craftsperson and the Gallery within 180 days, ownership of the Works reverts to the Gallery. In other words, don't forget where your artwork is.

C. All work shall be juried into the Gallery. The Work will be reviewed, accepted, or declined by a simple majority of all members of the Co-op group to determine if the Work is to be shown and sold there, regardless of participation status. The same criteria will apply to anyone wishing to participate in the Gallery, either as Managing Member, Financial Member, Working Member or as a Consignment Member. If an artist previously juried into the Gallery brings in a new type or medium of work, that work must be juried in as well.

V. Changes:

The Gallery shall notify the Artist/Craftsperson of any changes in the personnel in charge of the Gallery or of any change in ownership of the Gallery.

VI. Sole and Entire Agreement:

This written Agreement contains the sole and entire memberships Agreements between the Tomé Gallery and the Artist/Craftsperson whose name appears hereon. This Agreement supersedes and replaces any other Agreement between the parties. The parties acknowledge and agree that neither of them has made any other agreement between them and that they have relied on their own best judgment in entering into this Agreement. The parties further agree that any "private" or "aside" statements or promises concerning the above-mentioned matters are void at this time and the statements made in this Agreement are current and ongoing.

VII. Modification:

No modification of this Agreement, condition, or limitation herein contained shall be valid unless in writing, acknowledged and executed by both parties to this Agreement.

VIII. Heirs and Assigns:

This Agreement shall be binding upon the parties hereto, their heirs, assigns and personal representatives.

IX. Severability:

If any section of this Agreement is held to be invalid the remaining sections will not be affected. Agreed to and accepted:

ARTIST/CRAFTSPERSON: _____________________________

AUTHORIZED CO-OP MEMBER: _____________________________
Title: _______________________
Date: _______________________