Effective Date: September 15, 2024

Terms & Conditions

Gallery Hours

  • Sunday, Monday, Wednesday, Thursday: 11 AM - 5 PM
  • Tuesday: By appointment only
  • Friday - Saturday: 11 AM - 5 PM (12 PM - 8 PM during Nights of Lights: November, December, January)

Agreement Overview
This contract is made between Art Box Co-Op LLC ("Owner") and the above signed artist ("Artist"). The terms outlined below are binding and apply to the use of Art Box Co-Op gallery space located at 137 King Street, Unit 103, St. Augustine, FL 32084. The gallery is owned and managed by Danielle Torry.

Definitions

  • Owner: Art Box Co-Op LLC, owned and managed by Danielle Torry.
  • Gallery Artists: Artists who have completed an application, accepted an invitation to join the gallery, and paid the first month’s artist fees on a 6-month contract.

Contact Information

  • For Owner:
    Art Box Co-Op LLC
    137 King Street, St. Augustine, FL 32084
    Phone: 904-770-6137
    Email: inspired@artbox-137.com
  • For Artist:
    Submitted with electronic signature and held on file.

Premises
Art Box Co-Op LLC grants the Artist the right to display their work and obtain gallery space at 137 King Street, Unit 103. These rights are personal to the Artist and may not be transferred without the written consent of Danielle Torry. The Artist must comply with all applicable laws, rules, and regulations, as well as those established by Art Box management.

Gallery Access and Operations
The gallery owner, Danielle Torry, reserves the exclusive right to determine which individuals are granted key access to the gallery, as well as the responsibility for opening, closing, and managing daily operations. The Artist agrees to abide by these decisions and follow any procedures or protocols set by gallery management.

Contract Duration - 6 months

  • Start Date: date of Artist's e-signature above
  • End Date: 6 months after artist e-signature
  • After the initial 6-month period, the contract will automatically renew for another 6-month term unless either party provides 30 days' written notice to terminate the agreement before the end of the current term.

Termination
Either party may terminate this agreement with 30 days' written notice, provided that any sales or obligations prior to the termination date are fulfilled according to the terms of this agreement.

Artist Dues/Rates
The Artist agrees to pay a monthly fee, depending on space allocated, to Art Box.

Monthly Due/Rate:

  • $24 per linear foot
  • $27 for premium space

Payments are due by the 25th of the month prior (e.g., February's fee is due by January 25th).

Late Fee: $15 if payment is received after the 1st of the month.

Additional Late Fee: $25 if payment is received after the 5th of the month.

NSF Fee: $35 for any payment returned by a financial institution.

Payment Method: Zelle payment to inspired@artbox-137.com.

Space Rental Dues and Promotion Support
The Artist agrees to pay a monthly fee (amount to be determined by space allocation - separate document) to Art Box. This payment covers a range of essential services and benefits designed to promote and enhance the Artist’s visibility, sales potential, and overall career growth. The monthly dues include the following:

Marketing & Advertising:

  • Online Marketing: Promotion through Art Box’s official website, email campaigns, and partner platforms, driving traffic to the Artist’s work.
  • Social Media Promotion: Featured posts, stories, and ads on platforms like Instagram, Facebook, and other relevant social media channels to reach a broader audience.
  • Print Advertising: Inclusion in printed materials such as local magazines, newspapers, and promotional flyers, ensuring visibility within the local community and beyond.

Event Participation:

  • Art Shows & Exhibitions: Opportunities to showcase your work in regular Art Box gallery exhibitions, ensuring your art is seen by collectors and enthusiasts alike.
  • Pop-Ups & Special Events: Inclusion in pop-up shows, community events, and seasonal markets to boost exposure and sales potential.
  • Collaborations: Invitations to participate in collaborative events with local businesses, such as yoga studios, restaurants, and other venues that cross-promote art and wellness.

Sales Opportunities:

Exhibition Sales: Opportunity to sell artwork directly through the gallery’s regular exhibitions, shows, and pop-up events.

Online Sales: Promotion and facilitation of sales through Art Box’s online store or partner sales platforms.

  • Additional Perks:
  • Networking: Access to gallery-hosted networking events with fellow artists, collectors, and industry professionals, creating valuable connections to grow your career.
  • Gallery Support: Assistance from the gallery’s team in curating, pricing, and marketing your work to ensure it resonates with the right audience.

Gallery Exclusivity Clause

  • Exclusive Representation:
    While the Artist is a featured artist at Art Box, the Artist may not display or sell their work in other commercial galleries within St. Augustine without prior written consent from Danielle Torry, the gallery owner. This ensures exclusivity, maintaining the integrity, value, and uniqueness of the Artist’s work within Art Box gallery.
  • Permitted Exhibitions:
    The Artist is encouraged to showcase their work in other venues such as the St. Augustine Art Association, museums, art shows, festivals, or other non-gallery events. The Artist may also exhibit their work in galleries, shows, and events outside St. Augustine or on online platforms. Such participation can enhance the Artist’s visibility while respecting the exclusivity agreement within the local gallery scene.
  • Term of Exclusivity:
    The exclusivity granted to Art Box by the Artist will remain in effect for the duration of the contract, either for the initial six-month term or subsequent renewals, unless either party provides 30 days' written notice of termination.
  • Non-Compliance:
    If the Artist breaches this exclusivity clause, the Gallery reserves the right to terminate the agreement immediately and seek compensation for damages resulting from the breach.

Sales and Commissions

  • Pricing: Each artist determines the price of their artwork. Management may provide guidance on pricing.
  • Commission:
  • 65% of the sale price (before tax) goes to the artist.
  • 35% commission is retained by the gallery for marketing and operational costs.
  • Payout: Payments to artists are made 30 days after the sale.
  • Customer Commissions: Artists are required to pay a 35% gallery fee on any customer-commissioned work resulting from pieces exhibited in the gallery. A 50% deposit must be paid to Art Box at the start of the commission.
  • Online Sales: Any artwork displayed on the gallery’s online platform, website, or social media channels shall be subject to the same commission structure as artwork sold within the physical gallery space. If a work is sold through any gallery-managed online presence, it remains bound by this agreement.

Artwork Removal
Artwork displayed in the gallery or on the gallery’s online platform cannot be removed for direct sale outside the gallery.

Shipping

The Gallery will handle shipping of all artwork on behalf of the Artist. The Gallery will charge the customer for shipping costs based on the size, weight, and destination of the artwork. Shipping charges will be added to the customer’s invoice and collected by the Gallery. The Gallery will coordinate the logistics of the shipping process and ensure the artwork is properly packaged and dispatched.

Responsibility for Loss or Damage

  • Gallery Responsibility:
    The Gallery shall be responsible for the safekeeping of all artworks while they are in its custody, ensuring that the artworks are handled with care and stored appropriately.
  • Artist Responsibility:
    The Artist is responsible for insuring their artworks. The Gallery does not carry insurance for individual pieces, and any damages or losses caused by events beyond the Gallery's reasonable control, such as natural disasters (e.g., flooding from hurricanes or heavy rains), shall be the responsibility of the Artist.

Artwork Delivery and Removal

  • Delivery: The Artist is responsible for delivering the artwork to the gallery at their own expense.
  • Removal: The Artist is responsible for removing unsold artwork within 7 days of the contract's termination or exhibit's conclusion, unless otherwise agreed upon with the gallery.

Art Presentation Standards
All artwork must be presented in a professional manner, which includes proper framing, matting, or any other presentation requirements deemed necessary by the Gallery. The Gallery reserves the right to refuse display of any artwork that does not meet these standards.

Promotion and Publicity
The Gallery will promote the Artist’s work through various channels such as social media, the gallery website, and email newsletters. The Artist is encouraged to also promote their work and involvement with the gallery through their own platforms.

Gallery Events Participation
Artists are expected to attend key gallery events, such as First Friday Art Walks or special exhibitions, unless they have notified the gallery in advance of extenuating circumstances.

Sales Tax
The Gallery will collect and remit sales tax on all artwork sold through the gallery, including online sales. The Artist is responsible for reporting and paying any applicable income taxes on their portion of the sale.

Copyright and Reproduction Rights
The Artist retains full copyright to their work. However, the Gallery may use images of the artist’s work for promotional or sales purposes (website, social media, print on demand, etc.), unless otherwise specified by the Artist in writing.

Dispute Resolution
Any disputes arising from this agreement shall be resolved through arbitration in the state of Florida or by other legal means agreed upon by both parties.

Force Majeure Clause
Neither party shall be liable for any failure to perform under this agreement due to circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, or government restrictions.

Health and Safety
Both the Gallery and the Artist are responsible for adhering to any health and safety protocols, especially during events that involve large gatherings, in accordance with local and national regulations.

Miscellaneous

  • Returns & Exchanges: No refunds. Exchanges may be made within 14 days with proof of purchase.
  • Inventory Tracking: Both parties are responsible for keeping accurate records of inventory. The gallery will notify the artist of any sold pieces, and the artist should also monitor their inventory.