Eagles Nest Fine Art Gallery

The Appendices to this Agreement form an integral and legally binding part of this Agreement, as though expressly set out herein in full.

Any amendments or updates to the Appendices or this Agreement will be communicated to the Artist via email. Unless the Artist provides written objection within fourteen (14) days of receipt, such amendments will be deemed accepted and binding.

2. Gallery Commitments

The Gallery will:

• Represent and advocate for Artists as the primary point of contact for all enquiries.
• Curate and display artworks with professional care and discretion.
• Assist Artists in establishing price points suitable for the market.
• Values and positively represent all Artists.
• Create a display that rotates artists and artworks to support all Artists.
• Provide curatorial guidance.
• Manage all artwork sales through Gallery systems.
• Endeavour to take the utmost care of the artwork.
• Take all reasonable care of artworks but not accept liability for fire, natural events, or accidental damage.
• Make Artist payments by the 7th of each month for sales rendered from the prior month.
• Arrange purchaser delivery at the purchaser’s cost.
• Promote Artists through the Gallery website, newsletter, and social media platforms at the Gallery’s discretion.
• For Exhibitions, produce a printed and/or digital flyer with a minimum of fifteen (15) printed copies supplied to the Artist and host an official Opening event with sparkling wine, sparkling water and a range of nibbles.
• Reserve the right not to exhibit and/or list any artwork it deems unsuitable in artistic merit, condition, or professional presentation.
• Communicate customer feedback upon request and communicate collection timelines of artworks.
• Professionally manage artwork commissions for Artists who wish to be considered for client commission artworks/projects.
• Not give out artist contact details to clients in accordance with the Privacy Policy.
• Provide promotions for Exhibitions and Spotlight Features at the Gallery’s discretion.
• Allocate Artist web pages at its discretion, taking into account internal policies, curatorial balance, diversity of artworks, artist professionalism, and operational resources.
• Review artwork submissions and respond within a practical framework, with curatorial consideration, space, rotation, existing timelines and in-person viewing guiding selection.
• Update website pages to reflect artworks available or sold in a timely manner, with Artists responsible for reviewing their web page and advising updates in writing.
• Keep records of artworks in the Gallery, including Artist & Artwork Delivery Forms and Artwork Delivery Return Forms.
• Provide a map of the Main Gallery room for Exhibiting Artists to aid exhibition planning.
• Provide a digital Gallery Artwork Label template, Artist & Artwork Delivery Form and Artwork Delivery Return Form.
• Make appointments for artists to discuss ideas, bring in artworks for review, confirm collection of artworks, and discuss any related matters.
• Prioritise delivery and collection of artworks from confirmed Artists in the first and last hour of Friday and Monday during operating hours on open days, as scheduled by email.
• Manage an Exhibition program, a Spotlight Feature program and the Gallery Collective areas of the Gallery as per internal curatorial guidelines.

3. Artist Commitments

The Artist will:

• Supply a short biography of one to two paragraphs.
• Maintain up-to-date contact, bank and personal details.
• Direct sale enquiries to the Gallery.
• Not engage in private or direct sales of artworks displayed and/or listed with the Gallery, and ensure all such sales are processed through the Gallery.
• Ensure prices listed with the Gallery are consistent with prices listed elsewhere.
• Be responsible for insurance of artworks on display or within the Gallery walls.
• Provide high-quality digital images and correct details for marketing and website listings.
• Complete, update and sign the Artist & Artwork Delivery Form for all artwork displayed within the Gallery and/or on the website.
• Ensure all artworks have a Gallery Artwork Label on the reverse and that all information on labels and forms is correct.
• Complete and sign the Artwork Return Form upon collection of artworks.
• Approach the Gallery for an appointment to discuss new artworks, delivery dates, collection dates and Exhibition ideas.
• Communicate with the Gallery regarding new artworks to be considered, including image, title, medium, dimensions and preferred price inclusive of commission.
• Ensure artwork is original and does not infringe Indigenous culture, cultural rights, or intellectual property.
• Deliver artworks ready to hang, with professional fittings.
• Collect unsold artworks within fourteen (14) days of notification, unless otherwise arranged.
• Nominate a representative for collection if required, by advising the Gallery in writing by email.
• Review their web page on the Gallery website regularly and advise the Gallery in writing of updates.
• Provide tested and tagged electrical works where applicable, in accordance with OH&S requirements.
• Grant the Gallery a royalty-free licence to use images of artworks for promotion, cataloguing and communication.
• Be guided by the Gallery regarding display, suitability and pricing.
• Follow the exclusivity period applying to Exhibitions, Spotlight Features and physical Gallery Collective periods, including the two months post tenure where applicable.
• Direct all media enquiries to the Gallery.
• Subscribe to the Gallery e-newsletter and follow Gallery social media channels to stay informed.
• Not use the Eagles Nest Fine Art Gallery logo without prior written permission and sign-off from the Gallery.
• Provide the Gallery with their preferred public name and pronouns for use in promotional, curatorial and public-facing communications.
• For Exhibitions, contribute to additional catering for guests with special dietary requirements if desired.
• Contact the Gallery every three (3) months to determine the future of any unsold works, noting that if no contact is made the obligation is automatically extended by a further three (3) months.
• Make a reasonable effort to deliver and collect artworks within the first or last operating hour of a Monday or Friday, or otherwise as arranged.
• Be responsible for the collection of any unsold artworks as per this Agreement.
• Be encouraged to promote artworks featured with the Gallery via personal social media pages and personal website.
• Make a minimum of three social media announcements, posts or stories in relation to an Exhibition and a minimum of one for Spotlight Features.
• Utilise and share Public Relations materials provided by the Gallery where they relate to the Artist.
• Be encouraged to provide one to two paragraphs as an Artist Statement per artwork for customers and social media.
• Provide a photographic Artist portrait for website, Spotlight Feature and potential social media use.

3.1 Non-Collection of Artworks

The non-collection of artworks within the allocated timeframe will be managed as follows:

• The Gallery will notify the Artist using the most recently supplied contact details.
• If artworks remain uncollected after one hundred and eighty (180) days from written notice seeking resolution, the Gallery will have no further responsibility and may donate them to charity.
• Artists may nominate a representative to collect artworks on their behalf by advising the Gallery in writing of the person’s name, contact details and ETA.

4. Sales, Commission & Fees

4.1 Commission Structure

A commission of thirty-five percent (35%) applies to all artworks sold through the Gallery, including commissioned works.

If the Artist is also contracted to another gallery, consideration of pre-existing arrangements will be worked with.

4.2 Commissions (Custom Artwork Orders)

Artwork commissions are subject to the standard 35% commission, reflecting the Gallery’s role in providing a professional experience for both Artist and client, managing contracts, key milestones and communications.

4.3 Payment Schedule

Artist payments for sales completed in the prior month will be issued by the 7th day of the following month.

4.4 Pricing Confirmation

Artwork pricing is confirmed once the artwork is sighted and agreed upon following discussion with the Gallery.

4.5 Exclusivity and Pricing Consistency

• Artworks represented by the Gallery must not be listed or offered for sale elsewhere at a lower price.
• Artworks may not be withdrawn from the Gallery for the purpose of a private or direct sale.
• Any breach of these conditions will be considered a serious violation of this Agreement and may result in immediate termination under the Termination for Breach clause.

5. Exhibition & Display Options

5.1 Gallery Collective

Artworks displayed in the Gallery Collective are selected and rotated at the Gallery’s discretion. The Gallery reserves the right to determine placement, duration and curatorial balance to maintain diversity and professional presentation in line with curatorial direction.

5.2 Solo & Multi Artist Exhibitions

Artists are encouraged to apply for an Exhibition via the online Expression of Interest (EOI) process. The Gallery may invite artists to participate in solo or multi artist exhibitions. Terms, duration and conditions will be confirmed in writing for those shortlisted or selected.

Artworks displayed in an Exhibition must remain available for sale during the display term and for two (2) months afterwards.

5.3 Spotlight Features

Spotlight Features are short-term highlights of selected artists and artworks, either on the Gallery website or in physical display spaces. They are at the Gallery’s sole discretion and subject to operational capacity.

Artworks displayed in a Spotlight Feature must remain available for sale during the display term and for two (2) months afterwards.

5.4 Post-Exhibition Sales

For artworks exhibited in any format, the Gallery reserves the right to manage post-exhibition enquiries and sales generated from Gallery promotion and must be given the opportunity to finalise those sales.

5.5 Processes

• Artworks displayed in Exhibitions and/or Spotlight Features must remain available for sale via the Gallery exclusively during the term and for two months after.
• The Gallery may select artworks from an Exhibition to be included in the Gallery Collective at its discretion.
• Artworks in the Gallery Collective are for an initial term of three (3) months. Extension is at the Gallery’s discretion and will be communicated with the Artist.
• Most artworks are anticipated to be suitable for a six (6) month period unless selected for a special feature, event or longer term by agreement.
• All artworks in the Gallery Collective are exclusive while physically in the Gallery building.
• Once no longer physically in the Gallery, artworks may remain on the Gallery Artist web page where applicable but are no longer exclusive to the Gallery.
• Artworks listed on the website outside an Exhibition, Spotlight Feature and physical Gallery Collective may be listed non-exclusively.
• Applying for an Exhibition and/or Spotlight Feature or being a Gallery Collective Artist does not automatically guarantee an Exhibition or Spotlight Feature.
• The Gallery may break the three month period with the Artist at any time for any reason.

6. Website & Digital Representation

6.1 Image & Information Requirements

• Artists are required to provide high-quality images of their artworks for gallery promotion and online display.
• Professional photography is strongly recommended and preferred.
• If the quality of imagery is not sufficient and/or misrepresents the artwork, the artwork will not be listed and may not be displayed.
• Artists must provide accurate artwork details including title, medium, dimensions and preferred retail price inclusive of commission.
• Refer to Appendix C for file sizing, file formats and title conventions.

6.2 Availability & Exclusivity

• Artworks listed on the Gallery website for Exhibition and Spotlight Features must be available and sold exclusively through the Gallery during the display term and for two (2) months afterwards.
• Artworks included physically in the Gallery Collective must be available and sold exclusively through the Gallery during the display term.
• A minimum of one month’s written notice with Gallery agreement via email is required to remove an artwork from the Gallery Collective and/or exclusivity.
• A fee of 35% of the overall artwork price may apply for removal due to additional work created from the change to the agreement.
• Artists must notify the Gallery in writing of changes to artwork availability in a timely manner, defined as one to three days from when the Artist is aware of the change.
• Artists exhibiting via an Exhibition and/or Spotlight Feature will automatically be represented on the website and remain for sale for two months post the Exhibition tenure.

6.3 Web Page Allocation

An Artist web page refers to the listing of an Artist on the Gallery website via a subpage on the website. Allocation is at the Gallery’s sole discretion, based on internal policies, curatorial balance, diversity of works, artist professionalism in communication and operational resources.

A minimum of five (5) artworks must be available for sale at all times to maintain an Artist web page on the Gallery website.

6.4 Updates & Workflow

The Gallery will update the website in a timely manner, respecting operational capacity and scheduling. Artists are responsible for reviewing their web page regularly and advising the Gallery promptly in writing of any required updates. At least one month’s written notice via email must be provided if an Artist wishes to remove works from sale.

6.5 Post-Exhibition Inclusion

Works exhibited in solo/group Exhibitions or Spotlight Features will remain listed on the website for two (2) months after the display period to facilitate client interest, finalise interest and sales leads. The Gallery shall select and confer with the Artist a shortlist of any works to move into the Gallery Collective.

7. Copyright & Licensing

The Artist grants the Gallery permission to:

• Photograph and reproduce artworks for promotion, cataloguing and exhibition records.
• Use images in brochures, websites, social media and newsletters.
• Store digital records for administration.
• Create digital media from the artworks for engaging digital content for social media.
• Use the images provided by the Artist for the above purposes.

It is incumbent on the Artist to inform the Gallery by email if they are not agreeable to this.

8. Artwork Commissions (Custom Artwork)

• The Gallery facilitates commissioned works through agreements between Artist and Client.
• The Gallery supports Artists via a professional Artwork Commission process to create the opportunity for further paid artwork.
• Artwork Commissions are managed via the Artwork Commission Agreement.
• The Gallery serves as an intermediary to guide, manage the process and provide transparency.
• Interested Artists may nominate to be listed as available for commissions by emailing expression of interest, preferred size range, medium preference, price guide and preferred work timelines.

9. Insurance & Liability

• The Artist is solely responsible for maintaining appropriate insurance to cover any loss, theft, fire, or damage to consigned works while held, displayed, or stored on the premises.
• The Gallery accepts no financial liability for such loss or damage except where required by law.
• The Artist indemnifies the Gallery against all claims, proceedings, damage and costs, including legal costs and expenses incurred, made against the Gallery.

10. Privacy

The Gallery will collect and use Artist information in accordance with the Privacy Act.

Artist emails will be added to the Gallery e-newsletter. Unsubscribe options are available.

11. Confidentiality

11.1 Confidential Information

The parties acknowledge that this Agreement contains commercial, operational and financial terms specific to the working relationship between the Gallery and the Artist.

11.2 Obligation of Confidence

The Artist agrees to keep the terms of this Agreement confidential and must not disclose, publish or distribute its contents to any third party without the prior written consent of the Gallery.

11.3 Permitted Disclosure

• Seeking independent legal, financial or professional advice.
• Disclosing information as required by law.
• Sharing information with the Artist’s insurer for the purposes of obtaining or maintaining appropriate insurance coverage.

11.4 Purpose

The parties agree that maintaining confidentiality supports fair commercial practice, protects sensitive business information and ensures respectful professional engagement.

11.5 Continuing Effect

This confidentiality obligation continues to apply after the termination or completion of this Agreement.

12. Termination for Breach

Any breach of the Terms & Conditions constitutes grounds for immediate termination of this Agreement by the Gallery.

In particular, listing artworks represented by the Gallery at a lower price through another channel, or removing artworks from the Gallery for the purpose of a private or direct sale, will be considered a serious breach.

Upon termination, the Artist shall no longer be represented by the Gallery, and all obligations and privileges arising from this Agreement shall cease.

The Gallery shall be entitled to its 35% commission should any artwork be sold outside of the Gallery while under the exclusivity period. Failure to pay the commission will result in withholding of the artwork. Such artwork held for over six (6) months may be donated to a charity of the Gallery’s choice.

13. Notice and Removal

In the event of termination of this Agreement for any reason, the Gallery will provide the Artist with written notice by email.

The Artist must arrange collection of all artworks from the Gallery within fourteen (14) days of receiving such notice. The Gallery will not be responsible for packing, shipping, or returning artworks; collection is the sole responsibility of the Artist.

Any artworks not collected within sixty (60) days of the termination notice will be deemed abandoned, and the Gallery shall have the right to dispose of them at its sole discretion, including donation to charity, without further liability.

14. Entire Agreement

This Agreement, together with its Appendices and any authorised amendments, constitutes the entire agreement between the Gallery and the Artist. It supersedes all prior discussions, negotiations and understandings, whether written or oral, relating to the subject matter of this Agreement.

No representation, warranty, or promise not expressly set out in this Agreement shall be of any force or effect.

15. Dispute Resolution

In the event of any dispute arising under this Agreement, the parties agree to first use reasonable endeavours to resolve the matter in good faith through discussion and negotiation, using common sense and practical solutions, without recourse to formal legal proceedings.

Only if such attempts at resolution are unsuccessful may the parties pursue their rights under this Agreement through the courts.

16. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

The parties submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

17. Execution of Agreement

17.1 Method of Signing

This Agreement may be executed either electronically or by handwritten (wet-ink) signature.

17.2 Electronic Signatures

The parties agree that electronic signatures, including signatures applied through a secure digital signing platform, are valid and binding and are taken to be the equivalent of a handwritten signature.

Appendix B - Exhibition & Display Options - Extended

Gallery Collective

• The display is rotated at the Gallery’s discretion.
• Artwork is reviewed every three (3) months.
• The Artist will contact the Gallery every three months to determine the future of any unsold works. If no contact is made, the obligation is automatically extended by a further three months.
• The Gallery will advise the Artist of the status of the artwork and next steps.
• Twelve (12) months is the longest time allocated to an artwork to physically be represented in the Gallery.
• Artworks may remain on an Artist web page until sold and/or until a curatorial decision to remove them occurs, at which time the Artist will be advised.
• Artwork is to be collected promptly post display term unless advised otherwise by the Gallery.

Feature Exhibition (Main Gallery)

• Artists apply via the Exhibition Expression of Interest (EOI) online form.
• The Exhibition runs for approximately two (2) months.
• A map of the space is available to Artists selected to exhibit.
• The Gallery provides a Saturday Exhibition Opening with finger food, sparkling wine and sparkling water.
• The Gallery provides printed and digital brochure materials and a digital marketing tile.
• Exhibition artworks are listed on a Gallery Exhibition web page during the Exhibition period and via the website Past Exhibitions section.
• Artworks listed with or in relation to the Exhibition are exclusive to the Gallery during the tenure and for two months after the Exhibition concludes.
• The Artist must advise the Gallery if artworks are no longer available for sale after the total four month period.
• Outside the Exhibition tenure, Artists must advise via email within one to three days if an artwork has sold or is no longer available.
• The Artist must adhere to all timelines within the Exhibition document for Exhibitions and Spotlight Features.
• Key Exhibition timeline phases include hero image and short bio due twelve (12) weeks prior, artwork information due six (6) weeks prior, bump in on the Monday before launch, launch on the first Saturday/first day, artist demonstration in the first month where possible, and bump out at the Exhibition conclusion.

Spotlight Feature (Showcase Spotlight)

• Artists may apply via the Spotlight Feature Expression of Interest (EOI) online form.
• Spotlight Features are a dedicated highlight of two (2) to six (6) works with flexible duration.
• They include Gallery signage, website/social feature and a digital marketing tile.
• Placement, duration and curation are at the discretion of the Gallery.
• Artworks listed with or in relation to the Spotlight Feature are exclusive to the Gallery during the tenure including the two months after the Spotlight Feature term.
• Required materials include hero image, artist photographic portrait, Artist Statement, short Artist Bio and artwork details including title, dimensions, medium and pricing.

Appendix C - Image & Information Requirements for Artwork Photographs Including Website & Digital Representation - Extended

• Professional photography of artworks is required and encouraged because it best represents the artwork and meets Gallery branding and marketing requirements.
• High-quality, colour-corrected, well-lit images with straight angles and no distracting background are required.
• If the quality of imagery is not sufficient or misrepresents the artwork, the artwork will not be listed and may not be displayed within the Gallery.
• A photograph of each artwork must accompany artworks displayed, exhibited or listed with the Gallery.
• Artists included on the Gallery website must supply 1 - 1.5MB JPEG/JPG at 300DPI for promotional use.
• Artists must also supply 300KB JPEG/JPG for website listings.
• A minimum of one photo per artwork is required, with a preference for two to four images per artwork supplied via email.
• Preferred image types include: full artwork with minimal background, a detail shot, and side/back view for 3D works or in situ image for 2D works.
• Images must be titled in the format: ArtistSurnameFirstName_ArtworkTitle.
• Artists must provide accurate artwork details: title, medium, dimensions and preferred retail price inclusive of commission.
• Please see the Gallery FAQ for further tips, suggestions and insights.
• Artists are encouraged to tag #eaglesnestgallery in social media posts relating to Gallery-displayed and/or Gallery-listed artworks.

Signature

By signing below, the Artist acknowledges that they have read, understood, and agree to be bound by the Terms and Conditions of this Agreement, including all Appendices and amendments made in accordance with its provisions.