Artist Terms of Service
‘The Artist’ and ‘The Giving Gallery’ Agreement
Scope of Agency
The Artist appoints The Giving Gallery as an independent non-exclusive website for the purpose of online exhibition and sale of the Artwork the Artist uploads to The Giving Gallery. This agreement applies only to Artworks uploaded to The Giving Gallery and does not make The Giving Gallery a general agent for any works outside of The Giving Gallery. The Artist and The Giving Gallery agree that The Artist acts as an independent contractor of The Giving Gallery. The Artist may not submit postings for Artwork created by another artist. The Artist agrees to maintain, or update their Giving Gallery Shop should any of their Artworks information change.
In order to submit Artwork for exhibition on The Giving Gallery, The Artist must first create an account by completing our registration process. Upon completion of registration, The Artist agrees to provide accurate, current and complete information. The Artist is responsible for safeguarding their password. The Artist agrees not to disclose their password to any third party and to take sole responsibility for any activities or actions under their Account, whether or not they have authorized such activities or actions. The Artist will immediately notify The Giving Gallery of any unauthorized use of their Account.
The Site or Services (The Giving Gallery) is intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Artwork Submission and Art Updating
After registering with The Giving Gallery, The Artist may submit artwork for review and approval by our Curation Team. The Giving Gallery reserves the right to not accept Artwork submitted to The Giving Gallery. The Artist may choose to sell Artworks on both The Giving Gallery and through other markets, but agrees to maintain updated and accurate information of their Artwork information on The Giving Gallery.
The Giving Gallery reserves the right to promote The Artist and their approved Artworks and Profile information provided by the Artist (biography, city/state/country, picture, mental health quite, URL) This Artist information may be promoted through The Giving Gallery’s website, social media, physical locations, and partnership networks. The Artist agrees to promote The Giving Gallery through their networks as they are willing and able.
Shipping and Payment Processing
The Purchaser of the Artwork pays processing fees, shipping fees, and states sales tax for each Artwork sold through The Giving Gallery. The Artist only pays for packaging material for Artwork shipment. The Giving Gallery provides a pre-paid shipping label to the Artist determined by the Artwork dimensions, weight, shipment addresses provided by the Purchaser and Artist. The shipment of Artwork occurs only after the Purchaser has paid the retail price of the art. The Artist will package the Artwork at a high quality standard so that artwork remains undamaged. Artwork must be shipped to the Purchasers specified address within five (5) to seven (7) business days of the Artwork Purchase.
Order Cancellations and Returns.
The Giving Gallery reserves the right to cancel any order for Artwork sold on The Giving Gallery if The Giving Gallery determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed on The Giving Gallery. If The Giving Gallery cancels an order placed, The Giving Gallery will send The Artist an email confirmation of such cancellation. The Purchaser has two (2) weeks to request a refund and return the Artwork in the form it was received. If Artwork is shipped and returned by, the Purchaser must ship the Artwork back to the Artist within seven (7) days for a full refund. The Purchaser is responsible for paying return shipping costs.
The Artist agrees to maintain similar pricing of each Artwork on The Giving Gallery as sold in their other markets. The Artist approves that The Giving Gallery may promote and sell the Artwork at the retail price of the submitted and approved Artwork. Upon initial submission of art, The Giving Gallery may request to the Artist that the retail price be changed before The Giving Gallery approves and exhibits the Artwork on its site. If the retail price is not priced to value, or artwork is falsely advertised, The Giving Gallery has the right to remove artwork from The Giving Gallery and/or remove the artist from The Giving Gallery website.
Terms of Payment for Art Sales
The Artist earns 40% the retail price of each Artwork sold. A partnered nonprofit earns 40% donation of the retail price of each Artwork sold. The Giving Gallery platform fee is 20% of the retail price of each Artwork sold. If The Artist’s commission exceeds $600, The Giving Gallery will require a W9 from the Artist, and The Giving Gallery will file a Form 1099 Misc. with the IRS and give a copy to the Artist. Payment to the Artist shall be made by The Giving Gallery within 30-60 days after the date of successful delivery of any of the Artworks. The Giving Gallery and the Artist agree that the Purchaser has one week to request a full refund of the Artwork, whereby the Artist and The Giving Gallery receive 0% commission.
The Artist agrees to a family-friendly platform, and will refrain from including vulgar or inappropriate verbiage when creating profiles and uploading art. The Giving Gallery expects artists to remain professional and customer oriented when working with the public. Artist agrees to refrain from recruiting customers or other artists to circumvent The Giving Gallery platform to conduct business privately.
The copyright in each Artwork shall remain the property of the Artist. Dealings in relation to the copyright in the Artwork shall be made solely between the Artist and the Purchaser in advance of the Purchase.
Should any dispute arise concerning any matter referred to in this Contract, the dispute will be referred to the informal arbitration of two arbitrators, one to be appointed by each party. In the event of the arbitrators disagreeing, the dispute will be referred to an umpire selected by the arbitrators. No action or suit relating to this contract will be brought or maintained by either party against the other party until a decision has first been obtained from the arbitrators or umpire.
The Giving Gallery reserves the right to suspend or terminate The Artist’s account at any time. The Artist may delete their Giving Gallery after any active Artwork purchases, commissions and Terms of Payments have been completed.