The Artist/Maker/Vendor appoints the Horseshoe Market/Yetman Creative as its agent for the purpose of exhibition and sale of works brought to the Horseshoe Holiday Retail Pop Up Shop at Belmar.
The Artist/Maker/Vendor consigns to the Horseshoe/Yetman Creative and the Horseshoe accepts on consignment, all works on display and stored at the pop up retail space at Belmar (7244 Bonfils Ln, Lakewood, Co). The Artist/Maker/Vendor and the Horseshoe/Yetman Creative may supplement displayed and stored art works, from time to time. For the term of this agreement, the Artist/Maker/Vendor agrees to maintain inventory at the Horseshoe Holiday Retail Pop Up Shop at Belmar. The artist/maker/vendor can provide design, materials and installation for display at the retail pop up shop, but it is not mandated.
ADDITIONALLY, Artist/Maker/Vendor agrees to work at least ONE two hour shift during the Horseshoe Market Retail Pop Up Shop (November 30-Dec 23rd, 2018).
3. WARRANTY OF CREATION AND OWNERSHIP:
The Artist/Maker/Vendor hereby warrants that he/she created or designed all of the works of art on display and stored at the Horseshoe Holiday Pop Up Retail Shop— and that the Artist possesses all legal rights in them.
The term of this Consignment Agreement will be from November 13th, 2018 until Dec. 23rd, 2018 with the rights of either party to terminate this Agreement upon 3 days' written notice.
5. DELIVERY AND RE-DELIVERY:
Packing and shipping expenses and risk of loss incurred in delivery of works of art and retail items to be sold- to and from the Horseshoe Holiday Pop Up Retail Shop at Belmar, shall be the responsibility of the Artist/Maker/Vendor. The Artist/Maker/Vendor is responsible for maintaining supply for the duration of the show.
6. TRUE CONSIGNMENT:
Title to the works of art and pieces to be sold in the Horseshoe Holiday Retail Pop Up Shop at Belmar shall remain with the Artist/Maker/Vendor until sold and the Artist's portion of the sale proceeds are remitted to the Artist.
Horseshoe Market, Yetman Creative, and Belmar Shopping District shall NOT be responsible for any loss or damage occurring during the term of this agreement.
The Horseshoe Holiday Retail Pop up Shop, Yetman Creative, shall offer the works of art and pieces for sale at the prices set forth by the Artist/Maker/Vendor. It will not accept any lesser price, without the prior consent of the Artist. Absent a prior written agreement, no work of art shall be sold without payment in full.
The Horseshoe Market/Yetman Creative agrees to collect and pay all sales tax revenue. The Horseshoe Market/Yetman Creative agrees to provide the Artist/Maker/Vendor with form 1099 as needed for revenue reporting purposes.
9. HORSESHOE MARKET/YETMAN CREATIVE COMMISSION FOR ITS SERVICES RENDERED PURSUANT TO THIS AGREEMENT:
Commission rate shall be determined upon final tally of total sales. The Horseshoe Market/Yetman Creative shall be entitled to receive a commission equal to 35% of the sales price of the works of art/pieces sold.
The Horseshoe Market/Yetman Creative agrees to make payment to the Artist/Maker/Vendor in the form of a check mailed with a detailed
accounting of total number of sales, total sales revenue and commission. Payment shall be mailed to the address provided by the Artist/Maker/Vendor by Jan. 15, 2019.
11. RESTOCKING AND EXHIBITION:
The Artist/Maker/Vendor agrees to restock the display area as needed with works of art/pieces to be sold. The Horseshoe Market/Yetman Creative agrees to provide space for display along with other artists, so as to expose the Artist's works of art to the buying public. All costs associated with providing space shall be paid by the Horseshoe Market/Yetman Creative.
The Artist/Maker reserves the copyright in all works of art. The Horseshoe Market/Yetman Creative may, for the sole purpose of promoting the works of art, pieces to be sold, photograph them for inclusion in a catalog, or other promotional materials so long as, in each instance, the Artist/Maker is credited as the creator of the work and the holder of the copyright.
13. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS:
The Horseshoe Market/Yetman Creative agrees to maintain books and records, in the ordinary course of business, showing all activities involving the works of art/pieces to be sold.
14. MISCELLANEOUS PROVISIONS
This Agreement represents the entire agreement between the parties. If any part of the Agreement is held to be illegal or unenforceable, such holding will not affect the validity of the balance of the Agreement. This Agreement shall not be assigned without the prior written consent of the Artist.
Only written modifications signed by both parties shall be valid.
16. CHOICE OF LAWS:
This Agreement shall be covered by the laws of the State of Colorado.
17. MEDIATION AGREEMENT
In the event of dispute, all parties agree to first seek mediation.