Artist Consignment Agreement
This Artist Consignment Agreement (this “Agreement”) is made and entered into this
____ day of ___________, 2008 by and between The Holden Arboretum, an Ohio corporation
(the “Arboretum”) and ___________________ being referred to herein as (the “Artist”).
Recitals
WHEREAS, the Artist has original merchandise or artwork (the “Consigned
Merchandise”) created by the Artist available for sale or display; and
WHEREAS, the Artist desires to make the Consigned Merchandise available for sale or
display by the Arboretum, and the Arboretum desires to accept the Artist’s Consigned
Merchandise for sale or display in the Arboretum’s museum store/lobby, and to hold such
Consigned Merchandise on a consignment basis in accordance with the terms of this agreement.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, the Artist and the Arboretum agree as follows:
1.
Scope of Relationship; Independent Contractors. The relationship between the
Artist and the Arboretum shall be that of independent contractors. All persons the Artist
furnishes to provide professional services to the Arboretum shall be employees or subcontractors
of the Artist and shall be neither the employees nor agents of the Arboretum. The Artist is not
eligible to participate in any employment benefit plans or other benefits or conditions of
employment available to the Arboretum’s employees.
2.
Consignment.
2.1
The Arboretum accepts on consignment, the Consigned Merchandise
listed on the list of inventory (“Inventory Sheet”), which is attached hereto as a
part of this Agreement. Additional Inventory Sheets may be incorporated into
this Agreement at such time as both parties agree to the consignment of other
Consigned Merchandise. All Inventory Sheets shall be signed by the Artist and
the Arboretum.
2.2
All sales of Consigned Merchandise will be transacted through The
Holden Arboretum Museum Store.
2.3
The Arboretum may, at its discretion, photograph, telecast or reproduce
images of the Consigned Merchandise in its publications, website and other
promotional materials.