Last updated [ 2022 ]
What is an artist Agreement / Contract for?
The agreement or contract is the legal document between an artist or owner of an artwork and a borrowing institution, or between an exhibition organiser and the host venue. They are written to specify details about work to be undertaken and the expected outcomes of each party.
Contracts & Agreements
Contracts are useful if not vital for a number of reasons. They spell out agreements between parties that are enforceable by law. They clarify legal issues and add a sense of professionalism to any agreement. A contract can be verbal, but a contract in writing, signed by both parties, is always better.
- A contract should state each party’s obligations/responsibilities, the scope of work, and compensation.
As a general rule, any time you enter into an agreement pertaining to money or long-term associations, such as gallery representation, you need to have a lawyer look over the agreement. If your contract is complicated, or you do not understand it, take your time and review it with a lawyer.
When working with friends it is always a good idea to draw up a simple written contract. Make sure the contract is clear and specific. Sticking to this contract can help you avoid miscommunications and maintain your friendship. This action doesn’t have to appear as if you do not trust your friend(s). Presenting a contract in a polite manner will appear professional and courteous for all parties involved.
If you are presented with a contract and changes are mutually agreed upon with the other party, you have a few options when addressing alterations:
1. You may request that the contract be revised with the appropriate changes before you sign it.
2. Make handwritten notes in the margins or on the back of a contract. This should only be done if a hard-copy revision is not possible due to timing factors or other inconvenient circumstances. If handwritten notes are added to a contract, be sure to have all responsible parties sign or initial all revisions or addenda.
3. Provide printed and signed addenda to an existing signed contract. These will be items that either void/replace a previous portion of an agreement or add new items to go into effect.
Many times a gallery or organization will not present you with a contract, or worse, refuse to sign one. This should raise a red flag warning to question why the other party doesn’t want a written contract with you. In many circumstances, they may not be knowlegable about the process or feel the that contracts are too formal for the occasion. This is a great opportunity to have a contract ready for them to sign. Having a consistent personal policy regarding contracts will not only ensure your safety but will also present you as a professional artist.
Unfortunately, there may be galleries and organizations that will avoid signing contracts to take advantage of you, dodge financial responsibility, or leave your working relationship open to be dropped without notice. The irresponsible party desires an unfair balance in its favor. Being polite yet insistent on a signed contract will present you as knowledgable and unsusceptible to potential corruption. Ask the other party to justify its reason(s) for not signing a contract with you. If there is still no signed contract, you are better off avoiding a relationship with that gallery or organization all together.
Artists / Sellers' terms
TERMS & CONDITIONS
Please read carefully the following terms and conditions before using the websites www.tonkinson-fineart.eu and www.tonkinson-art.com (jointly the “Website”).
The Website is the property of Tonkinson - Tonkinson Art Masters, Reg No. 08161136 (“TAM Art School”). By accessing and using the Website, you acknowledge and agree to be bound by these terms and conditions.
2. The Service
Tonkinson-fineart sell original artwork from the private collection of the fine artist Leone Tonkinson. Private individuals and/or companies/organizations can also purchase framed high-quality large format prints via a print on demand service, (a “Framed Photo”) and/or posters (each a “Poster”) through the Website.
On the purchase of these items, you shall provide Tonkinson-fineart with true, current, and complete information as requested in the registration form. You are responsible for at all times keeping your information updated and complete as this information is used in record to the wareabouts of each painting / print .
When you purchase from the Tonkinson Collection through the Website, you warrant that you are at least 18 years of age and that you are otherwise eligible to enter into this agreement.
4. Rules of conduct
You expressly understand and agree that when you purchase artwork from The Tonkinson Collection you may not post, transmit or otherwise distribute Tonkinson Fine Art for financial gain.
Further you undertake not to:
i) defame, abuse, harass, threaten, or otherwise violate the legal rights of others or of any third party including Tonkinson-fineart.
ii) in any manner publish or post any inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, indecent or otherwise unlawful topic, material or information,
iii) contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Tonkinson-fineart or the Website in any way,
iv) publish or otherwise make available images, wall art or other material protected by Tonkinson-fineart property laws unless you own or control the rights thereto or have obtained the necessary consent for your publication,
v) falsify or delete any information, such as information about the author or proprietary designations or labels of sighted origin or similar information contained Tonkinson Collection / wall art, or
vi) download any content that is available through the Website that you know, or should reasonably know, cannot be reproduced, displayed, and/or distributed without committing copyright infringement.
Tonkinson does not claim that the information listed above, with respect to what may be considered illegal or improper and thus may not appear on the Website, is complete or exhaustive. You are solely responsible for ensuring that the wall art and information you provide on the Website does not violate applicable laws and regulations.
5. Data protection and privacy
Tonkinson-fineart cares about privacy and protecting the personal data processed by Tonkinson-fineart and all personal data is processed in accordance with applicable data protections legislation.
What personal data do we collect and process?
The personal data Tonkinson-fineart collects and processes is given names and surnames, e-mail addresses, telephone numbers, and residential address of Tonkinson-fineart wall art.
What are the purposes of our processing?
The purposes and aims of the processing of personal data are to:
create user accounts,
create presentations of the Seller,
arrange payments, and
register user logins and Facebook retargeting.
Please notify Tonkinson-fineart in case you do not want your name to be published. Tonkinson-fineart may use your name in connection with images for marketing purposes through blogs and other social media. Tonkinson-fineart may also use personal data as a basis for business and methodology development as well as for statistical purposes, risk management and marketing purposes.
What is the legal basis for Tonkinson-fineart's processing?
The legal basis for processing personal data is administrating the relationship and performing our obligations under the terms and conditions of this agreement.
When Tonkinson-fineart processes personal data in order to analyse and develop our business, and for marketing communication, processing is based on our legitimate interests in improving and marketing our business.
Who has access to the personal data that we process?
Your personal data is processed mainly by us at Tonkinson-fineart. We will never sell your personal data. In some cases, we share your personal data in order to fulfil our obligations to you in a good and effective manner:
To arrange for payments, our payment solution providers will have access to your personal data?
In order for us to be able to deliver your products to your home address or delivery point and to handle returns, we will share your personal data with shipping companies.
In order to obtain and publish your possible reviews on the website, we share your personal data with the supplier who provides us with technical solutions to collect and publish the reviews.
In order to promote our products and to make the Website as relevant as possible, we share your personal data with those who provide us with marketing services, e.g. Google and Facebook.
Transfers to third countries
Tonkinson-fineart will not transfer personal data to any third country (i.e. a country outside of the EU/EEA).
How long will we keep personal data?
We do not save your personal data longer than necessary given the purpose of the processing, unless otherwise required by law.
What rights do you have in connection to our processing of your personal data?
You have the right to know what personal data we process about you. You also have the right to request that we rectify or erase inaccurate personal data about you. You are also entitled to object to specific processing of personal data and request that processing of personal data shall be restricted. Finally, you have the right to receive, in machine-readable format, personal data you have provided, and have the data transferred to another party for data protection.
Tonkinson-fineart shall take all appropriate technical and organisational security measures which are necessary to the safeguard the personal data against unauthorised access, modification, or destruction. However, providing personal data over digital channels always entails a risk since it is not possible to completely protect technical systems from unauthorised access.
Personal data breach
In case of a personal data breach, Tonkinson-fineart shall notify the supervisory authority (the Dutch Data Protection Authority) and you as required by law.
Tonkinson-fineart shall always record any personal data breech including the facts surrounding the breech, its effects and the remedial action taken.
The Website contains cookies. These cookies are used for various functions such as user login and Facebook retargeting.
Tonkinson-fineart is the controller of the personal data processing as described above. This means that we are responsible for ensuring that the personal data are processed correctly and in accordance with applicable data protection laws.
If you have any questions regarding’s processing of your personal data, please feel free to contact us by email to firstname.lastname@example.org.
Att: Leone Tonkinson
7348BD Radio Kootwijk
6. Limitation of Liability
Tonkinson-fineart cannot be held liable for damages caused directly or indirectly by the use of the Website and its contents.
Tonkinson-fineart only reimburses direct costs incurred when using the Website as a direct result of negligence on the part of Tonkinson-fineart. Tonkinson-fineart is not responsible in any case for indirect damages such as loss of profits or other consequential damages.
You as a buyer undertake to hold Tonkinson-fineart harmless in the event that any third party claims compensation because of the art you have purchased on the website or because you have otherwise acted in violation of these terms or in violation of applicable law or third party rights.
If any provision of these terms and conditions is found invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that the balance of these Terms remain in full force and effect.
9. Governing law and disputes
These terms and conditions and all issues concerning them or any matter in relation to services performed by us are to be construed in accordance with Dutch substantive law and be settled exclusively by the Dutch court of law.