Art Market: What the Gallery and the Artist Should Stipulate in a Consignment Agreement
Can a gallery charge to the artist’s share costs that do not appear in the clauses of the consignment agreement? By a judgment of 22 September 2026, the Aix-en-Provence Commercial Court (Tribunal de commerce) settled the dispute between a visual artist and her gallery. The gallery had exhibited and marketed her works. The court orders the gallery to repay the framing costs deducted from the price owed to the artist and to return one work. It dismisses, however, the damages claims of both parties. This decision is a reminder that the consignment agreement precisely defines both the gallery’s rights and the artist’s guarantees. It encourages the parties to draft and read its clauses with care. The analysis reviews the two successive consignment contracts concluded by the parties, the legal characterisation of the consignment contract, the proof of delivery of the works and the term of the contract. It then turns to the clauses relating to costs, including the “no costs” stipulation, the gallery’s right of retention and the scope of the exclusivity granted, among which a three-year exclusivity for China. The full analysis is available on the Fournol & Associés website: Consignment agreement: what the gallery and the artist should stipulate – https://fournol-associes.com/en/art-market/consignment-agreement-clauses-gallery-artist/ An article by Simon Rolin, Attorney at the Paris Bar (Avocat à la Cour) and Partner of the Firm. As part of its art market practice, Fournol & Associés advises in particular on contract law. The Firm assists artists and galleries in drafting and negotiating their consignment agreements, as well as in resolving disputes arising from their performance.