Terms & Conditions of Artist Representation
StateoftheART Gallery is an online art gallery that facilitates the buying and selling of original artwork by artists practicing in Australia and South Africa.
Agreement describes the general terms and conditions applicable to
the representation of the Artist (you) on the StateoftheARTGallery.com.au website.
You must read, agree with and accept all of the terms and conditions
contained in this Agreement before you may be represented on the
may amend this Agreement at any time by giving you 30 days’ notice
via email. Any amended Agreement will govern new artist
registrations with immediate effect. Existing members will be bound by
the amended Agreement after the expiry of 30 days following the date
of notice. No other amendment to this Agreement will be effective
unless made in writing, signed by you and by
a StateoftheART Gallery representative.
Agreement is between StateoftheART Gallery (ABN
32941953796),(“Company”), and the Artist (you). All works
of art are referred to as "artwork."
Company owns and operates the e-commerce site
StateoftheARTGallery.com.au, which serves as a broker in selling
artwork for a commission. Consequently, the Company does not transfer
legal ownership of items from the seller to the buyer. The Company
provides the online platform StateoftheARTGallery.com.au through
which exhibiting artists can make their work available for sale.
artwork offered on StateoftheARTGallery.com.au consists only of
original works of art, drawings, paintings, photographs, and limited
edition prints. The Artist guarantees that all statements
made by the Artist to the Company (for example, in the Artist
Application) are true, complete, correct and not misleading in any
THE COMPANY AND THE ARTIST AGREE ON THE FOLLOWING:
Only artists living in Australia are currently eligible to apply for representation. You agree that these Conditions of Sale do not infringe any
agreements you have entered into with any other person, including but
not limited to agreements with art galleries and other potential
sellers of your artwork. If artwork you have made available for sale
on the StateoftheARTGallery.com.au is advertised in your private
capacity, you agree it will be advertised for sale at the same price.
Approval of Artist:
The Company will maintain the right to the final decision over who is
accepted for representation on the StateoftheARTGallery.com.au
website. The Company will have the right to withdraw any artist from
the website or exhibitions immediately, without notification if in
breach. Artists must not provide false information of any kind
including, but not limited to, availability of work, editions of work
or University of study. Any breach of this will result in the
contract being potentially terminated and possible legal action being
Approval of Artwork:
The Company will destroy all digital images of the Artist's
unaccepted artwork. The Artist grants the Company the right to
display the Artist's approved artwork, biography and photograph on
StateoftheARTGallery.com.au and to offer the Artist's artwork for
sale in accordance with the terms of this Agreement. The Company will
assert your moral rights not to have your artwork treated in a
derogatory way (by any addition, deletion, alteration or amendment)
whenever it is seen in public and we will give you full credit as the
author wherever your artwork is shown.
warrant that: You have full and complete ownership of any artwork you
make available for sale through StateoftheARTGallery.com.au; You own
the copyright to any artwork you offer to us for reproduction or make
available for sale.
Quality of Material:
The quality of artwork photographs is paramount so that we may use
the image for the purpose of marketing you and your artwork. All
artwork entries including photographs are reviewed for quality and
the Company reserves the right to disallow poor photographs and/or
inappropriate material from being displayed. Images must be high
resolution in JPG format and a minimum size of 1000 pixels wide or
high at 150 resolution.
Should the Artist wish to include artwork from their
StateoftheARTGallery.com.au portfolio in a Group or Solo Exhibition, the Artist must deactivate the artwork listing for the duration of the
Pricing and Commission:
Making artworks available for sale through
StateoftheARTGallery.com.au is completely free. The Company covers the cost of
displaying and promoting your artwork. It is our goal to provide
promising emerging artists a platform on which to build their art
All prices shown on the StateoftheARTGallery.com.au website are in Australian Dollars
of artworks are established at the sole
discretion of the Artist. StateoftheARTGallery.com.au is not an auction website and as such the prices are fixed and non-negotiable. The Company will not discount, mark-up or have
any control whatsoever over the valuation of the Artist's artwork.
understood that the Price set by the Artist is the same as
that agreed for similar works marketed through other galleries or
Upon a successful sale, the Company will charge a Sales
Commission. Our fees, which are subject to change, are incorporated
into these conditions by reference. Changes to our fees are effective
after we provide you with at least fourteen days' notice by email.
Company will take a 30% commission on the price of an artwork as set by the Artist.
The customer is liable for any shipping fees.
The Artist shall respond within 24 hours to the Company following an
enquiry from a prospective buyer sent to StateoftheARTGallery.com.au.
The Artist will be notified of a sale by mobile text and email, and
has the following obligations in completing the transaction:
The Artist must ensure the artwork is easily available for collection
and shipping within 3 business days of receipt of the notification of
the sale and agree the date and time of collection. The Artist must
provide the Company with alternative contact and collection details
prior to taking leave of absence.
(b) Logistics. The Company facilitates the shipping process on behalf of the Artist in order to provide the buyer with a seamless purchase process through the StateoftheARTGallery.com.au portal. The Artist will indemnify the Company, its officers, directors, employees and agents, from any claims for damage to artwork that may occur during transit from the Artist to the buyer. Please note that courier companies will not insure artwork against damage, and it is the responsibility of the Artist to insure their work whilst in transit should they deem it necessary to do so. The Company will not compensate the Artist for artwork that arrives at its destination damaged. The buyer will be fully refunded and the artwork will be returned to the Artist.
The Company will arrange for the shipping of artworks in most
instances, however the Artist is responsible for shipping works on
paper (registered post) directly to customers when requested,
forwarding proof of shipping to the Company. The Company will provide
the Artist with the customer delivery address for shipping and
reimburse the Artist the cost of shipping. It is the responsibility
of the Artist to insure their work should they deem it necessary to
The Artist is responsible for shipping (Australia Post) small to medium artworks (longest side under 100cm) to their customer, forwarding proof of
shipping to the Company. The Company will provide the Artist with the
customer delivery address for shipping and reimburse the Artist the
cost of shipping.
The Artist must print (in colour) and sign a COA (certificate of
authenticity, which the Company will email to the artist) and include
it with their packaged artwork.
Artwork must be packaged by the Artist ready for collection as
detailed in the StateoftheARTGallery.com.au Guide To Packaging to
ensure safe delivery. The Artist will not be compensated for artwork
that arrives at its destination damaged due to insufficient
packaging, and the Artist will refund The Company for all shipping
and banking fees incurred as a result of refunding the buyer.
No artist contact details are to be on, or included in, the artwork
Should an artwork which is listed for sale on StateoftheARTGallery.com.au become unavailable for whatever reason,
it is the responsibility of the Artist to immediately delete the artwork listing from StateoftheARTGallery.com.au. In the event that an artwork is sold through
StateoftheARTGallery.com.au that is no longer available, the Artist
is responsible for the credit card company cancellation fee or
applicable bank charges, and will refund the Company.
The Company operates a 7 Day Money Back customer refund policy
provided the work is returned to the Artist in its original
Payment to Artist:
Payment to the Artist following the sale of an artwork will be made within eight (8) business days of delivery to the Purchaser. This allows for the expiry of any period during
which the Purchaser can return the artwork and apply for a refund. The Artist will be paid the price of the artwork less the Sales Commission.
Artwork that is returned within the Company policies will be sent
from the buyer to the Artist. The artwork will no longer be
considered sold and no money will be paid to the Artist. The Artist
will not incur any costs involved in the return unless they have
provided the incorrect artwork, false information, or withheld
information relating to the condition and sale of the artwork.
Company as Broker:
Both parties are independent, and neither is the agent, independent
contractor, joint venturer, partner, or employee of the other. The
Company has no relationship with the Artist except for offering
StateoftheARTGallery.com.au as a platform that allows registered artists
to offer and sell artworks at any time, from anywhere, at a fixed
price. We have no control over the safety or legality of artworks.
You the Artist accept sole responsibility for the legality of your
actions under laws applying to you. The Artist is responsible for
paying any tax that is due as a result of sales of the
artwork through the StateoftheARTGallery.com.au website. The Artist
is responsible for co-operating with the Company in all matters
requested; including all arrangements for defective or damaged
Any contacts made through StateoftheARTGallery.com.au may not be
pursued privately by the artist for 1 year following any termination
of their contract with the Company. If contact is made by either the
Artist or the buyer, the Company must be informed by the Artist.
Artists must never contact StateoftheARTGallery.com.au buyers/clients
to offer artworks or services if the
contact was as a result of, or originated from a
StateoftheARTGallery.com.au introduction, or showcase either online
The Artist guarantees that the artwork submitted to the Company is
original work and does not infringe the copyright or other
intellectual property rights of any third parties. We might like to
use images of artworks made available for sale for advertising and
promotional purposes without the need to request your permission at
the time. When you agree to make artwork available for sale you grant
us a nonexclusive, worldwide, irrevocable, royalty-free right to
exercise the copyright, publicity, trade-marks, database rights and
intellectual property rights you have in the artwork, to be copied,
published, translated and distributed in any medium and in any form
for advertising and promotional purposes for the duration of this
Agreement. We reserve the right to resize or crop an image and to use
a detail from an image only. We confirm that you will retain the
copyright in any artwork we sell on your behalf and your copyright
cannot be sold by us without your prior written consent and for an
additional fee to be agreed.
The Artist or the Company may terminate this Agreement by giving 30
days' written notice to the other party. The Company may terminate
Immediately should the Artist breach any of the terms of this
If an artist has failed to sell any work and rarely submits new works
after 6 months of being on the site, their work may be removed to
allow another artist space at our discretion. The time period and
conditions under which each Artist’s web space is allocated is
subject to change. The Company undertakes to destroy all digital
images and associated information on termination of this Agreement
with the Artist.
The Artist will indemnify the Company, its officers, directors,
employees and agents, harmless from and against any claims,
liabilities, damages, losses, and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of or
in any way connected with your access to, or use of,
StateoftheARTGallery.com.au, or your violation of these Terms.
The Company will not be liable for any loss of revenue or damages
arising in connection with this agreement. The Company will not be
liable for any economic losses (including, without limitation, loss
of revenues, profits, contracts, business or anticipated savings),
any loss of goodwill or reputation, or any special, indirect or
consequential damage arising out of or in connection with this
Agreement. The Company has no liability of any sort (including
liability for negligence) for acts or omissions of other providers of
telecommunication services or for faults in or failures of their
networks and equipment. The Company makes no representation that the
operation of StateoftheARTGallery.com.au will be uninterrupted or
error-free, and will not be liable for the consequences of any
interruptions or downtime.