REPRESENTATION & CONSIGNMENT
This Artist Representation and Consignment Agreement ("Agreement") is entered into between Sui Generis Art ("Gallery" or "Website") and the Artist.
By submitting artwork to or listing artwork on Sui Generis Art, the Artist agrees to be bound by the terms, representations, consignment rules, and commission schedules outlined below.
This Agreement governs the display, promotion, marketing and sale of the Artist's original artwork through the Sui Generis Art online gallery.
The Gallery operates as an online platform connecting artists with collectors and does not purchase artwork outright unless agreed separately in writing.
The Artist confirms that:
Ownership of artwork remains with the Artist until full payment has been received from the purchaser.
The Artist hereby appoints Sui Generis Art as a non-exclusive representative for the promotion and sale of the artworks listed by the Artist on the Sui Generis Art online gallery.
The Artist retains the right to sell their other artworks independently, unless otherwise agreed in writing. Notwithstanding the foregoing, any artwork that is displayed, listed, or otherwise made available for sale on the Sui Generis Art website shall be sold exclusively through the gallery's designated online payment portal.
The Artist acknowledges that this requirement is necessary to ensure accurate sales records, maintain transactional integrity, and support the operational, administrative, and marketing costs associated with hosting and managing the Sui Generis Art online gallery. The Artist further agrees not to use the Sui Generis Art platform solely as a promotional showcase without participating in the gallery's sales process.
The Artist agrees to provide:
The Gallery reserves the right to decline any artwork that does not meet its quality or curatorial standards.
The Artist determines the retail selling price in consultation with the Gallery.
To ensure fairness to collectors:
Price changes require written notice.
The Gallery shall receive a commission based on the final selling price according to the following tier structure:
| Sales Price | Artist Share | Sui Generis Art Share |
|---|---|---|
| Up to R25,000 | 70% | 30% |
| R25,001 – R75,000 | 75% | 25% |
| Above R75,000 | 80% | 20% |
The remaining balance shall be paid to the Artist after:
Payments will normally be made within 14 business days after the sale has been completed and funds have cleared.
Payments will be made via electronic bank transfer.
The Artist is responsible for providing accurate banking details.
Unless otherwise agreed, the Artist is responsible for:
The Gallery may arrange shipping on behalf of the purchaser. Shipping costs will be clearly communicated before purchase.
The Artist agrees to package artwork professionally.
Liability for damage shall depend upon:
The Artist grants Sui Generis Art a royalty-free, worldwide licence for the duration of this Agreement to:
Copyright in all artworks remains vested in the Artist.
The Artist agrees to support the marketing efforts of Sui Generis Art by sharing the gallery's website link, or relevant artwork listing links, on the Artist's active social media platforms at reasonable intervals. Such sharing shall be undertaken in good faith to promote the visibility of the Artist's work on the Sui Generis Art website. The Artist retains full discretion over the wording and presentation of such posts, provided that the shared content accurately reflects the Artist's association with Sui Generis Art.
The Artist acknowledges that cooperative marketing, including social media promotion, enhances visibility for both parties and contributes to the effectiveness of the gallery's promotional activities.
Nothing in this Agreement transfers copyright ownership.
Collectors may not reproduce artwork without the Artist's permission unless permitted by law.
The Artist agrees to provide or approve a Certificate of Authenticity for each original artwork sold.
The Gallery reserves the right to refuse listings that include:
The Artist warrants that:
If the Gallery offers a return policy to purchasers, the Artist agrees to cooperate with the return process.
If artwork is returned in its original condition, commission payments may be reversed.
The Artist is solely responsible for:
The Gallery does not provide tax advice.
This Agreement continues until terminated by either party.
Either party may terminate the Agreement by providing 30 days' written notice.
Upon termination:
Both parties agree to keep confidential:
Sui Generis Art shall not be liable for:
The Artist agrees to indemnify and hold harmless Sui Generis Art against claims arising from:
Both parties agree to comply with applicable privacy laws, including the Protection of Personal Information Act (POPIA), when handling personal information.
This Agreement shall be governed by the laws of the Republic of South Africa.
Any disputes shall first be resolved through good-faith negotiation. If unresolved, the parties agree to mediation before instituting court proceedings, unless urgent legal relief is required.
This document constitutes the entire agreement between the parties and supersedes previous discussions or understandings.
Any amendments must be made in writing and signed by both parties.
By registering, submitting artwork, or entering into a representation agreement with Sui Generis Art, both parties acknowledge that they have read, understood and agree to be bound by this Agreement.
Artists joining the Sui Generis Art platform will complete an inventory schedule including artwork titles, dimensions, mediums, retail prices, and remittance bank account details prior to listing.
For questions or submitting completed representation schedules, contact info@suigenerisart.com.