Artist Terms & Conditions
The following terms outline expectations, policies, and responsibilities for artists exhibiting and selling artwork through 80 Santa Fe Art Gallery.
1. Permissions
The Gallery shall not permit the artworks to be used for any purpose other than promoting the exhibit and selling the artworks without the Artist’s prior written consent.
2. Submission Fee
A non-refundable submission fee of $10.00 is required for each show submission. The submission fee allows the Artist to submit up to four (4) artworks for consideration.
Submission fees are paid through the ArtGalleria platform via Stripe and must be completed for a submission to be considered.
The submission fee helps offset administrative and curatorial costs associated with reviewing and selecting artwork for exhibitions.
Submission fees are non-refundable, including situations where an Artist is deemed ineligible for participation due to inability to meet Gallery participation requirements, including local delivery and pickup obligations.
3. Online Sales
The Artist will list per piece consents for the Gallery listing their artworks on the Gallery's or the Artist's website for sale during or after the exhibition. If consent is not given the pieces will not be listed on the Gallery's website for sale.
The Gallery shall collect and remit applicable sales taxes on artwork sales where required by law. Sales tax collected shall not be included in the commission calculation and shall not be considered part of the sale proceeds payable to the Artist.
4. Charity Event Participation
If the Gallery hosts a charity event during the exhibition, the Artist may participate under the following adjusted commission structure:
- 50% of the proceeds to the Artist
- 40% of the proceeds to the charity
- 10% of the proceeds to the Gallery
The Artist will list per piece consent to participate in any charity events.
5. Commission Structure and Payment Timeline
For standard sales:
- 70% of the proceeds go to the Artist
- 30% of the proceeds go to the Gallery
No commission is taken for artworks sold directly by the Artist outside the Gallery or its website.
It is the Artist's responsibility to inform the Gallery if a piece has been sold outside the Gallery.
Artwork that is actively exhibited in the Gallery or listed through the Gallery may not be sold privately to a buyer who was introduced to the artwork through the Gallery or Gallery marketing efforts without written notification to the Gallery.
Payments to Artists for sold artwork are typically issued within one (1) to two (2) weeks following the conclusion of an exhibition.
The exact payment timeline may vary depending on the size and administrative requirements of the exhibition. Payment to the Artist is contingent upon the Gallery receiving full payment from the buyer. All artwork sales are considered final unless otherwise determined by the Gallery. If a refund is issued to a purchaser for any reason, the Gallery reserves the right to deduct the refunded amount from future payments owed to the Artist or request reimbursement of amounts previously paid to the Artist.
The Gallery shall collect and remit applicable sales taxes on artwork sales where required by law. Sales tax collected shall not be included in the commission calculation and shall not be considered part of the sale proceeds payable to the Artist.
The Artist appoints the Gallery as a non-exclusive agent for the purpose of exhibiting and selling approved artworks during the exhibition period and any authorized online sales period.
6. Tax Compliance
To comply with IRS regulations, all Artists must complete and submit a W-9 form to the Gallery to be eligible for payment.
Artists accepted into an exhibition may receive a W-9 request with their show acceptance notification or at any time prior to payment processing.
A 1099 form will be issued for earnings of $600 or more within a tax year.
Payment for sold artwork will not be issued until a completed W-9 form has been received by the Gallery. The Gallery is not responsible for delays in payment resulting from incomplete or missing tax documentation.
7. Exhibition Requirements
Only artworks listed in the Artist Portal will be exhibited.
All 2D artworks must have appropriate hanging wires.
Changes to exhibited artworks, once accepted, must be submitted via email to katiek@shockeyconsulting.com and include:
- Artist’s name
- Artwork title
- Description
- Medium
- Size
- Framed/unframed status
- Price
- Picture
The Artist represents and warrants that all information submitted regarding artwork, including title, dimensions, medium, edition status, framing status, and sale price, is accurate and complete. The Gallery shall not be liable for errors resulting from inaccurate information supplied by the Artist.
The Gallery reserves the right to reject any artwork that does not meet these requirements.
All artwork must be delivered in professional presentation condition. Artwork must be fully dry, structurally sound, clean, and ready for display at the time of drop-off. The Gallery reserves the right to refuse any artwork that arrives damaged, unstable, improperly prepared for display, or deemed unsuitable for exhibition presentation standards.
The Gallery reserves the right to determine artwork placement, adjust exhibition layouts, and remove artwork that presents safety concerns, installation limitations, or conflicts with exhibition presentation standards.
The Gallery reserves the right to withhold display of any accepted artwork that arrives without appropriate hanging hardware, installation materials, framing, labeling, or other requirements necessary for safe and professional exhibition. Acceptance into an exhibition does not guarantee that artwork will be displayed if the artwork fails to meet Gallery presentation, installation, or safety standards upon delivery. Such determinations shall be made at the sole discretion of the Gallery.
The Gallery reserves the right to remove artwork from display at any time during an exhibition if the artwork becomes damaged, presents a safety concern, is the subject of a legal dispute, violates Gallery policies, or is otherwise determined by Gallery management to be unsuitable for continued display.
8. Insurance and Indemnity
The Artist represents and warrants that they are the creator of the submitted artwork and possess all rights necessary to exhibit and sell the artwork. The Artist further warrants that the artwork does not infringe upon any copyright, trademark, intellectual property, privacy, publicity, or other rights of any third party. The Artist acknowledges that the Gallery and building owner do not provide insurance coverage for the Artist’s artworks.
The Artist agrees to indemnify and hold harmless the Gallery, 80 Santa Fe, LLC, the Sheila A. Shockey Family Trust, Shockey Consulting Services, LLC, their directors, officers, employees, agents, volunteers, and affiliated parties from any claims, damages, liabilities, costs, or legal expenses arising from a breach of this warranty.
The Artist is solely responsible for insuring their artwork. The Artist assumes all risk of loss or damage to artwork from the time the artwork leaves the Artist's possession for delivery to the Gallery until it is retrieved by the Artist following the exhibition.
The Artist releases 80 Santa Fe, LLC, the Sheila A. Shockey Family Trust, Shockey Consulting Services, LLC, their directors, officers, employees, agents, volunteers, and the building owner from any liability for loss, theft, damage, or physical injury related to participation in the exhibit.
9. Artwork Drop-Off, Packaging, and Transportation Responsibilities
Artists are responsible for removing and taking home all packaging materials, including but not limited to wrapping, bubble wrap, plastic sleeves, boxes, crates, containers, display packaging, or any other materials used to transport artwork.
The Gallery will not store any packaging materials. Any packaging materials left at the Gallery during drop-off may be discarded by Gallery staff.
If special packaging is required for artwork pickup, the Artist is responsible for providing appropriate materials at the time of retrieval.
The Artist is responsible for all costs, risks, and logistics associated with delivering and retrieving their artworks.
Artists are expected to make reasonable efforts to retrieve artwork during the scheduled pickup date. Requests for alternate pickup arrangements must be submitted in writing and are subject to Gallery staff availability, as the Gallery may be preparing for upcoming exhibitions or events.
The Gallery does not accept shipped artwork or coordinate return shipping. Artists must arrange personal delivery and pickup/drop-off of all accepted artwork. The Gallery is not responsible for coordinating pickup through friends, agents, or third-party carriers.
10. Reproduction and Usage Rights
The Artist retains all copyright ownership of submitted artworks.
The Artist grants the Gallery a non-exclusive, royalty-free, perpetual license to photograph, reproduce, publish, distribute, and display images of submitted artwork for purposes including but not limited to:
- Exhibition promotion
- Gallery marketing and advertising
- Social media content
- Website content
- Press releases
- Educational materials
- Exhibition catalogs
- Fundraising materials
- Promotion of future exhibitions and Gallery programs
The Gallery may continue using images of artwork after the exhibition concludes for archival and promotional purposes. Whenever practical, the Gallery will credit the Artist.
The Gallery may permit visitors, media representatives, sponsors, and event attendees to photograph or record exhibited artwork. The Artist acknowledges that the Gallery cannot control or prevent third-party photography, recording, publication, or social media sharing of exhibited works.
11. Title Transfer
Ownership of each artwork remains with the Artist until full payment is received from the buyer.
12. Termination of Agreement
Either party may terminate this Agreement via written notice. The Gallery will return unsold artworks within 30 days of termination. The Gallery shall not be liable for cancellation, postponement, interruption, modification, or early termination of an exhibition due to circumstances beyond its reasonable control, including but not limited to natural disasters, severe weather, fire, public health emergencies, government actions, labor disputes, utility failures, building damage, or other force majeure events.
13. Modifications
Any changes to this Agreement must be signed by both parties.
14. Miscellany
If any part of this Agreement is deemed unenforceable, the remaining provisions remain valid.
This Agreement cannot be assigned or transferred without prior written consent from the Artist.
Kansas law governs this Agreement.
15. Unclaimed Artwork
All artworks must be picked up by the Artist on or before the official scheduled pickup date communicated by the Gallery.
Any storage of artwork beyond the official pickup date is a courtesy provided solely at the Gallery's discretion and does not create a bailment, custodial relationship, or obligation on the part of the Gallery.
If artwork is not retrieved within forty-five (45) days after the official pickup date, and no written arrangements have been made with Gallery staff, the artwork will be considered abandoned and unclaimed property. At that time, the Gallery shall have full authority to take control of, dispose of, donate, give away, or sell the artwork and retain any proceeds at its sole discretion.
Exceptions may be granted only with written communication between the Artist and Gallery staff that includes a mutually agreed-upon pickup plan.
16. Unlisted or Additional Artwork
Only artwork listed and approved through the ArtGalleria system may be delivered, stored, or exhibited at the Gallery.
Gallery staff reserve the right to refuse any artwork not listed or approved through ArtGalleria. If such artwork is accepted, the Gallery assumes no responsibility for tracking, handling, storing, or safeguarding the additional artwork. Any temporary holding of unlisted artwork is done entirely at the Artist’s risk.
The Gallery shall have zero liability for loss, damage, or disappearance of any artwork not properly submitted and documented through ArtGalleria.
All artwork deliveries must be confirmed in writing in advance.
17. Artist Conduct and Gallery Discretion
The Gallery reserves the right to remove an Artist and/or their artwork from any exhibition, event, or future Gallery opportunities if the Artist engages in disrespectful, disruptive, or inappropriate conduct toward Gallery staff, volunteers, other artists, visitors, or affiliated partners.
Such conduct may include, but is not limited to, harassment, hostile behavior, repeated accusations against staff without substantiated cause, disruptive behavior during Gallery events, or failure to comply with Gallery policies and procedures.
Reports of conduct may be submitted by staff or other artists and will be reviewed by Gallery management. The Gallery reserves sole discretion in determining appropriate action, which may include issuing a warning or immediate removal depending on the severity of the conduct.
If removal occurs, no submission fees or other fees will be refunded. The Artist must retrieve all artwork within seven (7) days of written notification from the Gallery. Artwork removed under this section will not be offered for sale by the Gallery during the seven (7) day retrieval period.
18. Artist Eligibility and Local Participation Requirement
Participation in exhibitions at 80 Santa Fe Art Gallery requires Artists to be able to personally deliver and retrieve their artwork.
Artists must be located within or able to reasonably travel to the Kansas City metropolitan area to complete artwork drop-off and pickup during scheduled Gallery intake and retrieval dates. The Gallery does not accept shipped artwork and does not coordinate third-party shipping, storage, or transportation services.
Submission of artwork confirms that the Artist meets these participation requirements. If an Artist submits artwork but is unable to meet delivery and pickup obligations, the Gallery reserves the right to decline participation.