The owner of a new coffee shop invited me to provide 15 photographs to decorate the ambience and the photos would be available for sale.
I would like to have a document to be signed because I plan to leave the country next week but I want to leave the 15 photographs and provide more eventually to be sold in the cafe. Just to make sure everything will be right with my photographs and sales since I wont be in the city to check.
How would you do about it?
What you would right in the document to sure the coffee shop owner will give me back my photographs whenever I ask for and the sales profit (or pay for any missing photograph)?
I never did it before and I am afraid to make things that I will regret eventually.
i'm not totally sure, but you would have to create a contract, stating what your leaving with this person - for sale and decoration. list everything out and the prices in the contract. there would have to be a clause that this person is responsible for damages and or theft. while it's hard to create such a thing - he could easily steal them himself. i've had stuff in consignment stores where her own kid had the run of the place and broke a lot of things. she paid for my materials (barely), and not the time it would take to repair the stuff. with photo's it would be harder - like who handles the money, so they pay the cafe? does the cafe get a cut? everything should be in writing as to what happens.
should the photos be protected behind glass to reduce graffiti?
the contract would state that the images are merely on loan, as a mutual agreement to be used as a selling gallery, and temporary changing decor. you should probably look up contracts they use in galleries because this would be no different.
I am thinking to modify this topic to be more specific:
8. Responsibility for Loss or Damage, Insurance Coverage. The Gallery shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. The Gallery shall be strictly liable to the Artist for their loss or damage (except for damage resulting from flaws inherent in the Artworks), to the full amount the Artist would have received from The Gallery if the Artworks had been sold. The Gallery shall provide the Artist with all relevant information about its insurance coverage for the Artworks if the Artist requests this information.
Marcio, I'd also attach a page of thumbnail images, with brief info like title, size, price, date submitted. Leave one with the establishment owner, and keep a copy for yourself. The coffee shop can use the page to quickly make not of items which have sold.
I did this, and provided a newly-updated list every quarter (every month, if sales were brisk) or whenever I changed out or replaced images. This makes it so much easier for not only the owner or manager, but also the waitstaff, etc., to keep track of what's on the premises, just at a glance.
Also, I found that the insurance policies of many public venues, like a coffee shop, require framing with plexi-glass instead of actual glass, to reduce the chance of injury if your work falls off the walls and onto an unsuspecting customer's head. :-)
Most places that are not art galleries do not have insurance coverage for art that they do not own. So make sure you check on this aspect specifically. My former place of work wanted to have me hang some of my large photography prints as decor, but they said they would not be insured, so I declined. Sometimes you can buy insurance yourself for displaying your art wherever. But it's not the venue's responsibility to insure your art against damage or theft.
The coffee shop owner doesn't want have any responsibilities that can affect his pocket. Since I will be far away and it would be many photographs I declined. I thought about offer only 1 or 2 images but if I am not near to check often if everything is right, I don't want have any headaches and worries.
I thought it could be a great opportunity but I think I can will have more opportunities where I want to live with less worries.