Consignment Agreement

This Consignment Agreement (“Agreement”) is entered into as of the date of the last signature below between Artist and Gallery as indicated on the online form https://airtable.com/appOJIQxbWvVvoLPM/shrc1POI9EOaIslP7

Exhibition Title: COLLECT THEM ALL
Exhibition Dates: October 25 - December 11, 2025

1. Consignment of Artwork

The Artist hereby consigns the artwork(s) listed in Exhibit A (“Artwork”) to the Gallery for the purpose of exhibition and sale during the exhibition WILD.

2. Commission and Payment

The Gallery shall retain a commission of 50% of the sale price of each Artwork sold. For WILD, gallery is donating it’s commission in full to The Sierra Club.

The Artist shall receive 50% of the sale price of each Artwork sold.

Payment to the Artist shall be made within 30 days of close of exhibition via check. Gallery will contact Artist for mailing address upon successful sale.

3. Exhibition Period

The Artwork shall be exhibited at the Gallery from October 25 - December 11, 2025 unless otherwise agreed in writing.

4. Presentation of Artwork

Artwork must be exhibition-ready with installation hardware (wires, d-rings, etc) and special hanging instructions (if applicable).

All paper artwork must be framed unless otherwise agreed in writing.

Cradled panels must have sanded or painted edges. Sculpture must be stable and ready to display.

Gallery has the right to refuse exhibition for any artwork not meeting our quality standards upon arrival.

5. Shipping

The Artist shall be responsible for all costs associated with shipping Artwork to and from the Gallery.

Artist is responsible for return shipping if artwork does not sell during exhibition. Gallery will contact artist to arrange for shipping.

The artist is not responsible for shipping to the buyer if the artwork is purchased at the gallery.

Gallery is not responsible for insuring shipments to or from the gallery or tracking artwork shipping.

Gallery does not track artwork shipping to or from the gallery. Please do not email the gallery asking for tracking information.

All artwork must be delivered to the gallery: Jen Tough Gallery, 4 N Chamisa Dr, Santa Fe, NM 87508 (505) 718-1957. Delivery is during regular business hours, 7 days a week.

Drop offs must occur during regular gallery hours: Fri, Sat, Sun 11:00-5:00 or by appointment: jen@JenTough.gallery

Gallery will contact artist for return shipping payment if artwork is not sold via email provided by artist.

Artwork will not be insured or stored after January 20, 2026 if return shipping payment or arrangements are unprocessed.

Gallery may discard artwork if not collected or shipped by January 20, 2026.

6. Insurance

The Gallery shall insure the Artwork at 50% of its retail value (Artist’s commission) only while it is in the Gallery’s possession, but not past January 20, 2026.

Insurance shall cover theft and total loss only.

In the event of damage to the Artwork while in the Gallery’s possession, the Gallery shall pay the Artist to restore the Artwork at a rate of $75 per hour, for a maximum of 25% of the artwork’s sale price.

Gallery not responsible for damage or loss incurred during shipping to or from gallery. Artist is responsible for insuring artwork during shipping.

7. Liability

Except as expressly stated above, the Gallery shall have no liability for damage, loss, or injury relating to the Artwork, including during shipping to or from the Gallery.

8. Arbitration

Any disputes arising under this Agreement shall be resolved exclusively through binding arbitration in the State of New Mexico, under the rules of the American Arbitration Association. The decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.

9. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes any prior discussions or agreements, whether written or oral. This Agreement may only be amended in writing signed by both parties.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.

11. Marketing and Promotion

Marketing is at the discretion of the gallery. Gallery cannot guarantee each artist is featured or included in promotions.

EXHIBIT A, ARTWORK TO BE CONSIGNED IS LISTED ON THE ONLINE FORM

https://airtable.com/appOJIQxbWvVvoLPM/shrc1POI9EOaIslP7