Contract for the Sale of Fine Art Photography
Agreement made as of the ______ day of ____________, 20______, between _____________________________________ (hereinafter referred to as the "Photographer"), located at____________________________________________________________________ ___________________________, and _____________________________________ (hereinafter referred to as the "Collector"), located at _______________________________________________________________________________, with respect to the sale of an artwork (hereinafter referred to as the "Work").
Whereas, the Photographer has created the Work and has full right, title, and interest therein; and
Whereas, the Photographer wishes to sell the Work; and
Whereas, the Collector has viewed the Work and wishes to purchase it;
Now, Therefore, in consideration of the foregoing premises and the mutual obligations, covenants, and conditions hereinafter set forth, and other valuable considerations, the parties hereto agree as follows:
1. Description of Work. The Photographer describes the Work as follows:
Framing or Mounting ______________________________________
Year of Creation ___________________________________________
Signed by Photographer: [ ] Yes [ ] No
The Photographer warrants that this work is unique (one of a kind): [ ] Yes [ ] No
If the Work is part of a limited edition, indicate the method of production __________________; the size of the edition_________; how many multiples are signed_________; how many are unsigned________; how many are numbered______; how many are unnumbered______; how many proofs exist______; the quantity of any prior editions______; and whether the master image has been cancelled or destroyed [ ] yes [ ] no.
2. Sale. The Photographer hereby agrees to sell the Work to the Collector. Title shall pass to the Collector at such time as full payment is received by the Photographer pursuant to Paragraph 4 hereof.
3. Price. The Collector agrees to purchase the Work for the agreed upon price of $____________, and shall also pay any applicable sales or transfer taxes.
4. Payment. Payment shall be made in full upon the signing of this Agreement.
5. Delivery. The [ ] Photographer [ ] Collector shall arrange for delivery to the following location: _____________________ ________________________________ no later than _________________, 20____. The expenses of delivery (including, but not limited to, insurance and transportation) shall be paid by ___________________________________.
6. Risk of Loss and Insurance. The risk of loss or damage to the Work and the provision of any insurance to cover such loss or damage shall be the responsibility of the Collector from the time of________________________________________________________ _____________________________________________.
7. Copyright and Reproduction. The Photographer reserves all reproduction rights, including the right to claim statutory copyright, in the Work. The Work may not be photographed, sketched, painted, or reproduced in any manner whatsoever without the express, written consent of the Photographer. All approved reproductions shall bear the following copyright notice: © by (Photographer’s name) 20____.
8. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of _________________.
in Witness Whereof, the parties hereto have signed this Agreement as of the date first set forth above.
Photographer ________________________________________ Collector ____________________________________________
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