Here’s a nasty report: As I’m sure many of you know- today a lot of local brick and mortar art galleries are adding disclaimers in their contracts which they require artists to sign if they want to show in their gallery. It basically states that if
your art is damaged or lost while in their gallery -they aren’t responsible and you can’t sue them for the financial loss. It’s legal and binding.
So if they scratch or drop your painting , break your frame or put a hole in your canvas- to bad for you!
If you should have the misfortune of signing up with a disreputable gallery, they can
even sell your work and tell you it‘s been lost! If you can’t prove they sold it… you can’t do anything about it.
(Really? Unfortunately it happens more than we‘d like to think.)The odd quandary: All brick and mortar business owners are required to carry business insurance in order to maintain a business license. That insurance is much like homeowners insurance and covers them if the building burns down, natural disaster, some one falls in their store and breaks a leg, etc..
It also covers contents. So what’s up with these sleazy disclaimers and why would ANY artists sign a contract like that? Artist frequently say
“I don’t have a choice. I have to sell my work” I say
‘Really? Are you actually going to pay for -much less entrust your art and livelyhood to a business owner who tells you upfront they won’t be responsible for any NEGLIGENCE ON THEIR PART AND YOU'RE THE LOOSER IF A SITUATION DOES OCCUR? The only way this practice will stop is WHEN ARTISTS STOP SIGNING CONTRACTS THAT HAVE THESE DISCLAIMERS. TELL THE GALLERY IT’S NOT AN ETHICAL BUSINESS PRACTICE AND YOU WONT STAND FOR IT. You do have a choice and the power to stop it is in your hands.
