Taking a Pound of Flesh....

In my previous post Artist/Gallery Agreements I talked about the gallery precentage on sales. This can vary from 20% to above 50%. How does this affect you as the artist?



Whoever sells your work for you deserves to get paid for doing it. Whether they are acting as an agent or a bricks and mortar gallery/shop they will need to be recompensed for their services. This usually takes the form of a percentage of the sales cost. Percentages can vary wildly and you may feel a bit shocked at the gallery who adds 60% onto your wholesale price. This may take your £25 print up to a whopping £ !

Is this fair? well yes and no (but mostly yes)
Forget about the percentage at the moment. If you are selling your work through a gallery you need to sell it at the right price - enough to cover your materials, overheads and make a small profit - enough to make it worth the gallery adding a percentage without overpricing the item. If a gallery asks you to reduce your costs so that they can add their % and still be able to sell the item then this is not the gallery for you. (Pricing your work is a subject that will be discussed in the future).

So, you are happy to sell your hand pressed lino prints at £80 a print and the gallery is adding 50% to the price - retailing your print at £160.
If your reaction to this is "I could sell this for that price myself!" then the bald answer is "Go on then - why are you wasting the gallery's time?"
If your reaction to this is "that's way overpriced, they'll never sell it!" you need to ask the gallery the following:

• Does the gallery think that this is a competitive price for your print?
• What type of customer buys this style of art?
• Are they confident that they can help you to raise your profile as an artist and bring sales?

It's not in the interest of a gallery to make the work overpriced and unsaleable. They know their customers and their tastes, they know the value of art and they are not in the busoiness of ripping people off.

Why take a percentage? Everyone has to eat. Galleries have their own overheads, publicity costs, staff wages and maintenance charges to pay.

When taking a percentage doesn't work.

• When your work is selling at another local gallery for a lower price. Undercutting a gallery that could possibly bring you more sales is like shooting yourself in the foot. Better to choose WHICH of the galleries you would prefer to sell through.
• When you agree to sell your art to someone who has seen it in the gallery but doesn't want to pay the percentage, thus depriving the gallery of the opportunity to broker a sale and, consequently their fee. You have had their services of displaying your work in their gallery for free and they didn't get any payment for it.

If you are unhappy with a gallery because they can't sell your work at their retail price then don't do business with them. Simple As.

Artist/Gallery Agreements

If you submit your work to a commercial gallery then some time in your life you will need to sign an agreement.




What is an agreement?It's an undertaking between you and another party - possibly a gallery, shop or someone who contracts your services as an artist. The purpose of the document is to agree to certain obligations by both parties, to decide who is responsible for what and to set out exactly what is expected from both sides. It is wise to set out an agreement before you commit yourself (or sell your soul)!

Who will write the agreement?
Usually it's the person/gallery who will be selling the artist's work or employing their services but, if one is not forthcoming you can always devise your own. It's fairly easy but you will need to make sure all eventualities have been covered.

Here's a scenario. You are taking your work to a commercial gallery and they have agreed to display your work, sale or return, for 3 months. Think about what you would like to see in an agreement by looking at the following questions.
Who owns the work?
What do you want them to do for you?
What should YOU agree to?
What are the hidden costs will you anticipate and who will pay them?
What percentage of sale should you agree?
How and when will you be paid?
Who will terminate the contract if it's not working?

Before writing or signing an agreement consider these three things.
Be Fair: gallery agreements are a two way street. Don't make unreasonable demands of them.
Protect Yourself: Make sure you know exactly what they expect from you. Write a contract where they can't make unreasonable demands of you.
Make it Harmonious: you want to keep up a good working relationship with the gallery. You both want the same thing - to sell your work.

Here is a list of what a good agreement should contain. Let's unpick them as we go along.

• Sale or Return. Most galleries don't buy your work outright but will sell on your behalf. Any unsold work must be returned after the end of the agreement.
• Gallery percentage. Galleries need to be paid for selling you work and will claim their fee by taking a percentage. This is usually between 20 - 50%.
• Payment. Some galleries will pay you by cheque, some by BACS. Make sure the agreement states whether you will be paid monthly or when the total sales has reached a certain figure.
• Ownership of work. You own the work the entire time it is in the gallery. The gallery may ask if they can photograph the work for publicity purposes. It's good to add something about copyright into the contract.
• Costs. The agreement needs to be specific about who pays for costs including postage and delivery, return of your work, insurance and transportation.
• Packaging. who is supplying this?
• Damage. Faulty art work must be either replaced or the customer refunded. Some galleries will have a time scale that customers can return faulty goods. (Returns might not apply to earrings).
• Commissions. Galleries may agree to pass customers direct to you or liaise with you regarding commissioned work.
• Time Scale. Agreeing a length of time that the gallery will display your work. (4 weeks, 3 months, 6 months).
• Publicity and Display. Gallery agrees to keep your work visible for the entire time of the agreement. Gallery will publicise your work as much as is reasonably possible.
• Delivery/collection of your work. If you are not bringing the work yourself then you need to agree how it will be posted/ delivered and who will bear the costs.

When you sign an agreement you are agreeing to certain terms that you shouldn't break. Trying to "bend the rules" can be really irritating, not to mention unprofessional. For example:
Racing into the gallery on a busy day asking to take the stock for a craft fair that weekend (but I'll bring it back on Monday, honest)!
Calling to say you have had a better offer from a nearby gallery so you will be collecting your work before the end of the contracted date.
Agreeing to commissioned work, brokered by the gallery, and not telling the gallery so that they lose their % on the sale.
Complaining about the % taken - you agreed to it!
Criticizing the way your work has been displayed.
Complaining that the metal looks tarnished - you are quite welcome to come in and polish it yourself.
Making sub-standard work and then feeling aggrieved when the gallery calls to say that your necklace fell apart in the customer's hands.
Asking why the gallery hasn't advertised your work in a magazine or gallery catalogue. They will do it if you pay the costs!

The agreement should be signed by both parties and dated. Both parties need an original signed document to keep. If you are not happy with the terms of the agreement then DON'T SIGN IT! Instead try to negotiate with the gallery. The best way to keep a harmonoius relationship with a gallery is to talk to them and don't be afraid to ask questions.

Soon I will be posting about Exhibition Contracts which are slightly different and writing about how and why galleries take a percentage of sales.

Partnerships - Made in Heaven?

In my post, Do YOU Have What It Takes?, I stated that I would be talking about Business Partnerships in a future post. Well, that time has come!



Why should you start a partnership? What should you look for in a partnership? Who is the ideal partner? How do you sever a partnership?

There have been many successful business partnerships (just think of Marks & Spencer) and being in a partnership has its advantages:
differing strengths and skills
spreading the financial burden
spreading the risks
moral support
stronger business "clout"
but sometimes partnerships can go wrong for a whole host of reasons so, if you are embarking on a partnership, think about it very carefully.

Most sole trader partnerships start through friendship or a common interest. It could be that you were at art school together, you are related, she/he's your best friend - but, quite frankly, this is not the best reason to go into partnership and can end in tears (yours probably). After the initial euphoria of "Yay! We're going to make lots of money and be a success" then cracks in friendships and relationships begin to show. Most reasons are:
one of you is doing all the work
you both have very different ideas of how the business should be run
you share the same strengths and the same weaknesses
you are sick of seeing each other
you are too competitive with each other

"My first business partnership was with my next door neighbour - we made salt dough and had "parties" a friends' houses, selling wall plaques and christmas decorations. Our biggest seller was our 'bride and groom' wall plaque which we made to order, copying the outfits that the couple wore on their big day. It was fun making the salt dough and selling it and, although we were only making pin money, it gave us something else to talk about rather than just the kids.
"We had a break from salt dough but then a huge christmas fair was looming and our stocks had dwindled. My partner/neighbour reminded me of this but I was pig-sick of making Little Bo-Peeps and Three Little Pigs and my response was "I NEVER want to see another piece of salt dough again"! Fortunately, she felt exactly the same so we called it a day very amicably". Janet.

That was a easy enough arrangement to get out of. The partners hadn't made any huge financial or emotional commitment, one wasn't more successful than the other, there was no resentment built up in the relationship. But, if you are already committed to starting a partnership with a friend or relation does it stand up to the following checklist?
You both have the same vision or goals
you both put in the same commitment in time
you both have defined roles
your partner will bring different strengths to the partnership
you have worked out the financial commitment of each partner
you have regular meetings to plan and catch-up
you have agreed time apart.

The best arrangement is the water tight arrangement or partnership agreement. This document, drawn up together, will iron out some of the issues/problems that will rear their heads at crucial moments. Your agreement should include the following:
Defined roles and reponsibilities
Record of accounts and financial input
Profit sharing
Tax commitments
Liability
Reporting Back
Dispute Resolution
Termination of Partnership
It all sounds rather complicated - after all, you were only planning on making and selling your art together. Why should you bother with all this? Well let me break it down.
Roles and Responsibilities.
Write a list of your strengths and weaknesses. Who's the financial wizard? Who has the interpersonal skills? Who is the computer whizz-kid? Who has the most "connections"? You might both be really good at something and not at something else. How will you plug that skills gap?
Recording Accounts and Financial Input.
Who has overall responsibility for balancing the books? You can agree to keep your accounts separately or one person keeps them or one does the petty cash and one the budget.
Profit sharing.
Whether you are both putting up 50% of the money into your business or a 30% - 70% split you will need to agree the financial split of profits. Let's say, for example, you are both printing hand made scarves and bags using your screen printing equipment in your studio - you would not expect to share the profits on sales 50-50. You need to agree the share of profits, in writing, before you go into production.
Tax Commitments.
We all need to pay them. Make sure you have both registered with the tax office before you embark on your partnership. State in the Partnership Agreement that you are responsible for YOU OWN tax debt and not your partner's.
Liability.
In the UK creditors can claim your personal assets if your partner runs up any debts - even if you didn't know about them. You both have equal responsibility to the debt, no matter how unequal your financial contribution has been. (Don't go into partnership with a bankrupt or someone who has known debts, no matter how much you like them).
Reporting Back.
Agree to regular meetings in your Partnership Agreement. Whether this is monthly or weekly, make a commitment to meet up on paper. You can agree to have two kinds of meeting: a Planning Meeting and a Financial Update Meeting. The Planning Meeting to discuss what you are going to achieve in the following week/month/year, what needs doing, what problems you have had, whether you are meeting your achievements or goals. The Financial Meeting is so that you both know what your financial situation is, what you have spent, what you need to spend, profit/loss. Even if only one of you is keeping the accounts you both need to understand them and share this information. If the tax man comes calling ignorance is no defence.
Dispute Resolution.
Those niggling little tensions are building - they need to be resolved BEFORE they become a torrent of accusations adn recriminations "you ALWAYS do so and so" or "you NEVER do so and so". By writing a Dispute Resolution you are stating that every effort will be made to resolve conflicts within the partnership.
Termination of Partnership.
Before you even start a partnership you need to decide how it will end. you might agree that a partnership can be wound up at any time and that either party can terminate the agreement. Or you may need to set out a timetable of, say, a month or after all financial commitments have ben paid back.

Once you have drafted the partnership agreement find someone to check it for you. This may be a solicitor or business adviser, either at your bank or at your local small business centre. Then you both need to sign and date it and keep a copy each.

"I was selling art at local shows and fairs when I met another artist who I got on really well with. Her work was very similar to mine and we decided to exhibit together and run workshops too.
"The partnership worked well at the beginning. I learned a lot about selling from her (she could sell snow to eskimos) and she was very ambitious with her business - she made anything seem possible. But there were niggling irritations on both sides - I sometimes resented her success and how she "took over", she resented my children coming to shows and that family life stopped me from committing fully to our partnership.
"I am not a risk taker nor will I borrow money I haven't got - she was both of these. She had a real entrepeneur spirit and was always buying the latest gadget or tool that she saw as an "investment". I'm so glad that we didn't pool our finances and kept our business interests separate as this made it easier to part company. I later found out that she had huge debts which I could have easily been liable for.
"Since then our artistic lives have both taken different routes - I sometimes read about her new ventures in the press and she appears to have made a success in her chosen field. I'm so grateful that she taught me how to be customer-friendly and how to promote myself but I wouldn't choose to go into a partnership with a friend again". Rachel.

This post has been about partnerships on a small scale but there are also partnerships with banks, other businesses and sponsors that hasn't been discussed. We will be returning to the subject of partnerships in the next post.