Seeking advice regarding gallery/previous clients

[Eric Baker]

Hi all,

I've a new circumstance that I'd like advice on:


I was contacted approximately a year ago by an art consulting firm that is out-of-state. I sent them some samples, and they've tried to include my work into a couple of projects, however those opportunities have not worked out--at least so far.

Just recently, in the last month or so, I've begun working with a local gallery owner that has agreed to represent my work, and that's all to the good. He does ask for exclusivity in a 90 mile radius around Tulsa (location of his gallery), and he's agreed to begin taking on the task of negotiating prospective projects with local clients.

Last week, the art consultants called and are wanting me to be involved in another prospective project.

My question is: Do I refer the consultant to my gallery owner, and let the two of them do all of the communication and negotiation? Or do I continue to talk with the consultants on my own?

My fear is that involving a third party (gallery owner) will only complicate matters, and will likely end the opportunity (however large or small) of working with the out-of-state consultants. However, I don't want to offend the gallery owner, who has taken the time to begin mentoring me in the business aspects of selling art.

How do those of you with gallery representation handle the contacts that you made before you had gallery representation?

Thanks, and warm regards,

Eric

[Rick Wilton]

I can't possibly imagine giving a GALLERY exclusivity should extend to ANYTHING other than what you can show in other galleries, Not what you can offer through other venues. Why would you agree that basically anything you would do has to go through them. You are then completely at their mercy, they control anything and everything you can do. That sounds absolutely insane to me. I've been asked for exclusivity and said no, they still took my product. Besides I doubt there is enough profit to go around for you, and two middle men to get a cut.

If that Gallery is expecting to control what, who and how much you can sell in the ENTIRE 90 miles they'd better be keeping you extremely busy and getting a decent price for your pieces.

Never mind the head aches of getting the correct info from the customer through two middle men, sounds like a recipe for miscommunication.

[Bert Weiss]

You have to look closer at the definition of "exclusivity". I am assuming the project is within the 90 mile radius. The consultant is not a gallery, so there should not be a conflict. That said, I would have brought this relationship up when negotiating with the gallery.

The bottom line is that any situation like this is negotiable. If the gallery owner is looking out for your best interests, which in the long run, benefits him, I think he will allow you to move forward without his involvement. Put it all on the table and work it out with the gallery. If you have to give commissions to both consultant and gallery, somebody gets a really short stick, either the client or you.

[Morganica]

I think the key sentence here is "He does ask for exclusivity in a 90 mile radius around Tulsa (location of his gallery), and he's agreed to begin taking on the task of negotiating prospective projects with local clients."

That makes it sound as if he's representing you within that 90-mile radius for not just art sold through his gallery but also for client projects. I'd get clarification on that point if it's not already outlined in your signed agreement. Is it an additional service he's providing for goodwill, or is this part of the exclusivity agreement? Does this deal cover a specific category of work, or any work you produce? Are the custom projects only for clients he's sourced, or any client within that radius?

IOW, lots and lots of questions about the "letter of the law" stuff. If your agreement says he manages any work you produce that is sold within a 90-mile radius then yup, you'd be undercutting him by working for another firm with clients in that radius. You could still do business outside that radius.

But there's the moral understanding, though--if he thinks the agreement means he's handling any art business you do within that radius, and he's mentoring you, the two of you need to talk and get straight on this.

[Eric Baker]

Thanks Rick, Bert, and Cynthia, for your advice. I appreciate it.

warm regards,

Eric