The involved gallery documents the relationship between gallery and artist in writing, including agreements regarding the duration of the contract, prices, and any discounts. Other possible topics to be included in this document are: monitoring and evaluation of agreements, goals of both parties (e.g., regarding visibility abroad), the relationship with a second gallery, agreements regarding the offsetting of possible discounts, third-party commissions, or the offsetting of other costs such as transportation, photography, insurance, or exhibition setup. For model contracts, see the NGA website.
The artist remains the owner of their work until full payment is made to the gallery, with the exception of secondary trading. This also applies in the event of bankruptcy and/or seizure of the gallery.
The gallery will pay the artist their full share of the agreed selling price with the customer within 60 days of the sale of their work, along with the name and address details of the buyer and a copy of the invoice.
Unsold artworks in the gallery’s possession must be returned to the artist at all times and within one month if requested.
The relationship between galleries may be one of competition and rivalry, but must be loyal to the interests of the artist involved in all respects, in the event that different galleries represent the same artist. In the event that a gallery works exclusively with an artist, acting as the ‘main gallery’ for this artist, and another gallery wants to organize an exhibition with this artist, the parties involved must make written agreements about the conditions under which an exhibition can take place (see attachment for an NGA example contract).
The gallery is expected to be knowledgeable and skilled, and to maintain and update this expertise and skill.
The gallery is responsible for the authenticity of the work it sells. In the event that it is determined that a work is not authentic according to the judgment of a recognized independent party, the gallery owner will take back the work and refund the amount paid by the customer for it.
A gallery lists on its website the objectives, program, methodology, and roster of artists of that gallery.
A gallery is expected to follow the Fair Practice code (fairpracticecode.nl) in its actions, which provides a guarantee against misconduct within or outside the gallery.