Flash of the New State

Buyer/Seller Agreement for LarkGallery OnLine Sales

This agreement describes the responsibilities and the procedures of all parties participating in LarkGallery Online (“LGO”) sales. An established relationship between an Artist (“Artist”), Buyer (“Buyer”), and “LGO” will consist of the following:

• A signed copy of this Agreement

“LGO” Responsibilities and Rights:

• Reserves the right to accept or not accept art works, based on “LGO” considerations
• Reserves the right to edit descriptions, based on “LGO” considerations
• Reserves the right to feature artworks or artists on site or blog for advertising, marketing and promotional purposes. All copyrights remain with artists.
• Represents Artist’s work in “LGO” Art Show and Sales
• Handles communication between the “Buyer” and an “Artist”
• Follows the Sales Procedure, as described below
• Accepts payment and shipping fee from the “Buyer”
• Pays 75% of retail price to the “Artist” within a month from purchase.
• Functions solely as a mediator between buyer and seller
• Does not accept any responsibilities beyond the functions described above.
• LGO assumes no liability or responsibility for loss of, or damage to, artwork occurring in the handling, shipping and delivery of artwork.
• Agrees that Artist shall retain exclusive ownership of all artwork until it is sold by LGO and full commission is paid on each sale.

“Artist” Responsibilities and Rights:

• Artist has personally created and does rightfully own and possess the works of fine art he desires to enter into LGO exhibition
• Artist represents and warrants that they are the exclusive creator and owner of all artwork submitted to LGO, and any and all components thereof.
• Artist agrees to indemnify LGO against all legal actions lawsuits, damages and costs of defending copyright and trademark infringement, publicity rights violations, or any other legal actions related to a breach of this warranty regarding the artwork.
• Artist certifies to have the rights to publish or distribute images of original artwork prior to shipment.
• Artist is responsible for signing and dating the artwork.
• Artist is responsible and liable for all delivery costs including, but not limited to packing, insurance, handling and shipping.
• Appoints LGO as their non-exclusive agent for the sale of their work for 1 year
• Ships artwork to the buyer in a timely manner
• Follows the Sales Procedure, as described below
• Notifies “LGO” when an item is no longer available
• Accepts any and all liability for shipping art in good condition
• Responds to questions or issues within 3 working days
• Takes art back, if returned by buyer within 3 business days

“Buyer” Responsibilities and Rights:

• Makes a payment for artwork to the “LGO”.
• Follows the Sales Procedure, as described below
• “Buyer” has three business days after the artwork was delivered to inspect the artwork and return to the “Artist” if not satisfied
• Accepts any and all liability for shipping art back to the “Artist” in the same condition it was received.
• Accepts that artist retains the copyright to his artworks, unless a transfer of such copyright is given in writing by artist. Unless the purchaser negotiates for full transfer of the copyrights in and to the artwork, it is presumed that artist retains such rights.

Sales Procedures

The procedures for sales are described below:

• When an order is placed online, the “LGO” will receive an email notification
• The “LGO” will forward the order to the Artist within 24 hours (excluding weekends)
• The Artist will receive the email and acknowledge the order to the “Buyer” and to the “LGO” within 48 hours (excluding weekends).
• In this message, the Artist indicates the expected ship date
• Standard shipment should be within 7 days
• If the shipment is delayed, the Artist notifies the “Buyer” and “LGO” and supplies a revised expected shipping date.
• Artist ships the item.
• Artist sends an email to the “Buyer” and “LGO” indicating when the art work was shipped and supplies shipper name and shipping tracking number.
• On a monthly basis, “LGO” will send payment for all items sold to the artist.