Terms of business between Voilà Fine Art Rental and participating artists All artists using Voilà Fine Art Rental (VFAR) will adhere to the terms of business set out below. Lack of adherence may result in the termination of the artist as a VFAR artist.
RESPONSIBILITIES OF VFAR TO THE ARTIST
Upon an artist’s acceptance as a VFAR artist, VFAR will:
Facilitate the transfer of art between the artist and the customer when a piece has been paid for for rental or for sale. VFAR will also facilitate the retrieval of the art from the customer after the rental period.
Actively market and advertise the services and products available on the website to encourage rentals and sales via any of the following methods:
Word of mouth, internet and social media, VFAR’s Vlogosphere blog, underwriting of community radio or other arts organizations, etc.
Partnering with other local businesses (i.e. realtors and home stagers) to establish mutually agreeable programs that may generate rentals/sales.
Assess, invoice, and collect all appropriate state, county, and city sales taxes.
Work with artist to make sure artist’s information on website is up-to-date (i.e. hiding a piece if an artwork is accepted into a show, removing a piece if it’s sold elsewhere, etc.)
Heed special delivery/installation instructions, if provided by the artist for any given piece.
Pay the artist when their artwork is rented or sold, based on the terms outlined below.
Handle all artworks with care and represent the artist to the customer in cases of damage or loss, as limited by terms outlined below.
Provide artists with an ethical service, free of conflicts of interest with other aspects of their art business.
As a Voilà artist, you are considered an independent contractor, not an employee, of VFAR. As such, you will complete a W-9 tax form upon agreeing to become a Voilà artist and will need to declare income earned from VFAR at tax time. If you receive more than $600 from VFAR in a calendar year from VFAR, you will receive a 1099-MISC for your tax purposes by January 31st of the following year. You will be responsible for paying income tax on money earned through VFAR.
DEFINITION OF ORIGINAL ART
Art is considered "original" if:
You made it yourself, using your own ability and tools.
It was your own idea.
You have not copied the idea from someone else, even if you've made it yourself.
Prints considered to be "original" are those meant to be produced as prints the first time they are made (eg. photographs, intaglios). Giclées are not considered original.
1. For each piece of art published by VFAR, the artist must choose which of the following three (3) types of availability will apply to it: a. for rent only b. for sale only c. for rent and for sale.
2. Artist may contact VFAR at any time to alter the availability type, providing the piece is not currently being rented. VFAR will not store the artwork at our location for more than the time it takes to transfer from artist to customer (generally a few days) and again at transfer time from the customer to the artist.
3. Timely delivery and reliability are of paramount importance when renting/selling your art through VFAR. Accordingly, the artist agrees that art will be delivered to VFAR within 3 business days of request. A request can be made by email, voicemail, or in person.
4. Vacation policy If the artist is on vacation or otherwise unavailable to deliver work to VFAR they should do one of the following at least one week in advance:
Make arrangements to have a responsible proxy have access to the art, deliver the work to VFAR, and sign for the transfer to VFAR in the event that it is requested for rent or sale. To do this, email us at firstname.lastname@example.org or use the contact form for artists on the VFAR website to indicate the contact information of the proxy and the start and stop dates you would like.
Arrange to have the pieces hidden from public view on the VFAR website during the period when the artist is unavailable. To do this, email us at email@example.com or use the contact form for artists on the VFAR website to indicate the start and stop dates you would like.
Request that we place a written notice on the pieces on the VFAR website indicating that they are currently unavailable and when they will be available again. To do this, email us at firstname.lastname@example.org or use the contact form for artists on the VFAR website to indicate the start and stop dates you would like.
These will apply to all pieces the artist has available on the VFAR website unless you notify us otherwise. The artist must let VFAR know a minimum of one week in advance of their absence to allow adequate time for administration. Failure to deliver your work to VFAR within 3 days of the request being made may result in termination of the relationship of VFAR with the artist, at the discretion of VFAR.
5.Show policy If a piece is in a show, the artist should do one of the following at least one week in advance of the show or as soon as you know that piece will be in a show to avoid it being rented in that timeframe:
Contact VFAR to arrange for piece to be hidden from public view. To do this, email us at email@example.com or use the contact form for artists on the VFAR website to indicate the start and stop dates you would like.
Request that we place a written notice on the piece on the VFAR website indicating that it is currently on show, and the name and location of the show. To do this, email us at firstname.lastname@example.org or use the contact form for artists on the VFAR website to indicate the start and stop dates you would like and let us know the show information.
In the event that a piece is discovered to be unavailable for any reason when the piece is requested for rental or sale by a customer, the relationship of the artist with VFAR may be terminated at the discretion of VFAR.
6. If an artwork is currently rented, the artist must honor the terms of rental contract and the artwork is unavailable for return to the artist during the rental period.
7. If an artwork sells at any point (including during a rental term), it is no longer available to the artist for any purpose. VFAR is under no obligation to share the information of the customer with the artist. It is important that the artist recognize that their art may be sold during a rental period and plan accordingly.
ART VALUE & RENTAL TERMS
The artist will determine the full sales price for each piece of artwork.
VFAR allows rental for pieces that have a full purchase price of at least $200; less expensive art may be posted for outright sales only.
The minimum rental length for short term is 1 week; for medium term is 1 month; for long term is 3 months.
Rental prices are based upon the sales price and set by VFAR as follows:
Short term rental: weekly, up to four weeks Artwork value $200-$500 = 7% of sales price/wk (equivalent to 28%/month) $500-$2000 = sliding scale of 7% to 5% of sales price/wk More than $2000 = 5% of sales price/wk
Medium term rental: monthly, up to three calendar months minus one day Artwork value $200-$500 = 14% of sales price/mo $500-$2000 = sliding scale of 14% to 10% of sales price/mo More than $2000 = 10% of sales price/mo
Long term rental: quarterly (three calendar months at a time), unlimited rental period Artwork value $200- $500 = 7% of sales price/mo $500-$2000 = sliding scale of 7% to 5% of sales price/mo More than $2000 = 5% of sales price/mo
Flexible term rental (for real estate agents and home stagers only): charged quarterly but paid to the artist on a monthly basis using the long term rental basis (see Artist Compensation below). This allows for use of VFAR’s services where the rental term is unknown. 5. All art must be hang or display-ready when delivered and in the condition as represented in the initial submission photo.
6. It is the artist’s responsibility to provide VFAR hanging or display instructions if there are special circumstances or the piece is particularly heavy or fragile. These will be transferred to the installer or customer.
7. Unframed art must be appropriately finished (e.g., sides of wrapped canvas must be painted or otherwise covered). All frames must be in good repair (not obviously scratched or defaced in any way).
1. For rentals, the artist will receive 50% of the rental fee minus a 3% transaction charge on the artist’s portion of the rental fee. Example: a $1000 piece is rented on a long term basis for 3 months ($190 total), the artist will receive ($190 x 0.5)-3% = $95-$2.85 = $92.15. 2. To encourage sales, VFAR will credit the customer 100% of the rental charge toward purchase for the first week of rental (short term) or first month (medium and long term), and 50% for each week (short term) or month (medium and long term) thereafter. Example: A $1000 piece is rented for 3 months (long term) at $63.33/mo. The customer would be credited a total of $126.67 toward purchase (63.33 + 31.67 + 31. 67) if the purchase was made after 3 months. 3. For eventual sales, the artist will receive 60% of the balance due from the customer, minus a 3% transaction charge on the artist portion of the sale. For example, the $1000 piece rented in the example above has a balance due of $873.33 after 3 months of long term rent. The artist will receive ($873.33 x 0.6)-3% = $524-$15.72 = $508.28. For this 3-month rental followed by sale, the artist will have made a net total of $92.15 (rent) + $508.28 (sale) = $600.43, or 60.04% of the face value of the piece of art. 4. In the event of a sale, VFAR will collect any applicable sales tax from the customer. 5. VFAR will remit payment to the artists once per month during the 2nd whole week of the month for rental or sales made in the previous calendar month.
Policy for damage or loss of the art
General principles The risk of damage to rented art is expected to be low. VFAR provides the customer instructions for, and defines expectations regarding, the safekeeping of the art while in possession of the customer. In addition, guidelines for hanging or display of the art are provided.
While the risk of damage to rented art is expected to be low, it is possible that the art may become damaged during the rental process. The artist should be aware that the limited provisions for damage set out here are not intended to provide compensation for the full value of the art. The artist shares in the responsibility arising from using the unique services of VFAR, and the artist has the option of purchasing personal insurance for their art to insure losses not covered by the provisions here.
The art is the property of the artist until the sales value has been paid in full by the customer, or until the rental credits earned toward purchase equal the full value.
VFAR cannot purchase insurance for property that does not belong to VFAR. VFAR carries general business liability insurance.
To reduce the risk of potential losses to the artist, VFAR offers two (2) options to the customer, both of which are intended to provide some compensation to the artist in the event that an art piece is damaged. These include an opportunity for the customer to limit their financial responsibility if art is damaged while in their possession. On receipt of the art, the customer will be required to choose Option 1 or Option 2 as detailed below and provide a signature documenting their agreement to the terms that apply to the option they have chosen.
The customer is expressly prohibited from transferring the rented art to someone other than themselves unless the rental is a gift, in which case the names and contact information of both custodian and customer must be provided to VFAR at the beginning of the rental period as stated in the customer terms and conditions.
Documentation of the condition of the art
Upon rental, an artwork (and its frame, if applicable) will be inspected a total of four (4) times in all cases, and accompanied by a written record of its condition:
in the presence of the artist when handed over to VFAR (at which time photos will be taken).
by VFAR or representative (installation service) in the presence of the customer when the customer receives the art
upon return of the artwork to VFAR by the customer
in the presence of the artist when it is returned to them by VFAR.
Damage on receipt in any of 1-4 will be noted and the paperwork retained by VFAR until the artwork is returned to the artist. Upon return of the art to the artist, signature by the artist confirming that no damage has occurred signifies that no other claim of damage will be made by the artist to VFAR or to the customer. If damage has occurred, the artist will be compensated according to the Option that is in effect for that piece of art as chosen by the customer.
Wear and tear is not a term that applies to art. Hence, customers are expected to protect the art from damage of all types. The customer is expected to return the art in the same condition as they received it. Upon return of the art, the customer and VFAR or their representative will jointly inspect the art for damage, and make a record of any damage more significant than any that may have been present on the original paperwork.
The customer damage options and checkout sheet will describe what constitutes a full and partial loss. By signing this sheet, the customer agrees to these terms.
Partial loss: A damaged piece of art will be classified as a partial loss when both of the following are true:
The artwork can be repaired or adjusted within a reasonable time frame on the part of the artist.
The artwork can be sold with no loss in value after repairs.
If the answer is no to either of these questions, damages to the artwork will be assessed as a full loss. Note: Any degree of damage to a frame that does not affect the art contained within it is considered a partial loss, provided that the frame is not an integral part of the piece (such as a hand-painted frame).
Full loss: A damaged piece of art will be classified as a full loss when one or more of the following are true:
The artwork cannot be repaired or adjusted within a reasonable time frame on the part of the artist
The artwork cannot be sold with no loss in value after repairs.
Unrecoverable full loss: A full loss as above where the item is stolen, lost, or burned such that the piece cannot be produced for return to VFAR and the artist.
Important note: Everyday dust and odor damage is not considered damage and will not be claimable against VFAR, the installers or the renters. Cigarette or other burn marks will be classed as damage.
Options for customer liability while in possession of rented art
Option 1: The customer renting the art will be required to provide their credit card information to VFAR to store securely, which will allow for damages to be billed against the credit card, should damages occur. The credit available at the beginning of the rental period is at least the sum of the rental amount for the chosen rental term plus 10% of the total value of the piece(s) rented by the customer. A hold will not be placed on the customer’s credit card, but the customer will be required to sign a checklist that states the customer agrees to the Customer Terms and Conditions. These terms allow VFAR to charge the credit card in the event of a loss without further consent of the customer.
If a loss is sustained under Option 1, some businesses may opt to make a claim on their business liability policies. It should not be assumed that rented art is covered by business policies, and if the customer would anticipate using their insurance for this purpose, VFAR would recommend checking the specifics of coverage in the customer’s policy. If a claim is made to a policy, VFAR will charge the customer for the loss as set out below, and the customer can seek reimbursement from their insurance. It should be noted that homeowner’s policies are unlikely to provide coverage for rented art.
For full losses, the outright sales price of the art minus any credits toward purchase that have accumulated, plus a $20 handling fee will be billed to the credit card on file. The customer will be notified in writing of the transaction and will be billed for any remaining balance after the credit limit of the card has been exceeded (if applicable). For full losses, VFAR will pay the artist who owns the damaged piece all amounts recovered by VFAR up to 60% of the amount owed on the piece. Any recovered balance over 60% will be retained by VFAR. VFAR will retain the $20 handling fee.
Example 1: A piece of art valued at $900 is rented for 9 months. During that time, $291.00 of rent paid applied as a credit towards the purchase. The art is destroyed prior to being returned and is a full loss. VFAR charges customer $609 for replacement and a $20 handling fee. The artist recovers 60% of the replacement ($365.40). VFAR retains the handling fee and $243.60.
Example 2: A piece of art valued at $900 is rented for 9 months. During that time, $291.00 of rent paid applied as a credit towards the purchase. The art is destroyed prior to being returned and is a full loss. VFAR charges customer $609 for replacement and a $20 handling fee. However, due to lack of sufficient credit on the card, the credit card company only processes a payment of $200. VFAR retains the handling fee of $20, and artist receives the balance of $180.
For partial losses, the artist and VFAR will jointly determine the cost to repair the piece. This amount, plus a $20 handling fee, will be billed to the credit card on file. The customer will be notified in writing of the transaction and will be billed for any remaining balance after the credit limit of the card has been exceeded (if applicable). For partial losses, VFAR will pay the artist who owns the damaged piece 100% of the cost to repair the piece that was recovered from the customer, up to 60% of the balance owed on the piece. VFAR will retain the $20 handling fee.
If the customer fails to pay any excess balance on full or partial losses within 3 months and after 3 written reminders, VFAR will assign all of its rights to collect from the Customer to the artist, who will be free to pursue collection for any remaining balance due. Under this assignment, the customer will be informed that the prevailing party in a lawsuit can claim attorneys fees and VFAR is free to assign the contract without the consent of customer, per the Customer Terms and Conditions.
Customers are required to notify VFAR in the event their credit card expires and provide updated information. Credit card information will be kept securely by VFAR’s PCI-DSS compliant billing service.
Option 2: The customer transfers a damage deposit to VFAR via check or e-check equaling 30% of the total value of the pieces rented. This amount will be placed in an escrow account and will be returned in full to the customer if no damage is discovered upon its return to VFAR. If damage equivalent to full loss is sustained to an individual piece, the artist who owns that piece will receive the entire damage deposit associated with that piece minus a $20 handling fee.
Example: The customer rents a piece of art with a value of $1000. A damage deposit of $300 will be placed in escrow (30% of the total value). The piece sustains a full loss at some point during the rental. The customer will forfeit the $300. The artist that owns the damaged piece will receive $280 of the deposit and VFAR will retain the $20 handling fee.
If damage equivalent to partial loss is sustained to an individual piece, the artist and VFAR will jointly determine the cost to repair the piece. The customer will forfeit the amount from the damage deposit necessary to repair the piece, up to the full value of the damage deposit for that piece. Any excess will be refunded to the customer upon return of the art to VFAR.
The artist who owns the damaged piece will receive up 100% of the retained damage deposit for the piece minus a $20 handling fee, based upon the estimate to repair the damage, and the customer will receive the excess damage deposit, if any.
Example: The customer rents a piece of art valued at $1000 each. A damage deposit of $300 will be placed in escrow (30% of the total value). The art sustains a partial loss with an estimated repair cost of $200. The deposit associated with it is $300. The customer will forfeit $200. The remainder of the damage deposit ($100)) will be refunded to the customer upon return of the art to VFAR. The artist who owns the damaged piece will receive $200 minus a $20 handling fee ($180).
If the escrow check fails to clear the bank, Option 2 will be invalid, and the customer will be notified and offered Option 1. If the available credit on the customer’s credit card does not cover at least 10% of the value of the art at the time of signing, the art will be required to be returned to VFAR immediately. The initial rental amount will not be refunded.
At the end of the rental period, all pieces, regardless of the extent of the damage, will be returned to the artist via VFAR. In the case of unrecoverable loss due to theft or fire, a police report is required to be submitted to VFAR by the customer. If a police report is not furnished, Option 2 will be nulled and the damage deposit will be applied to Option 1. VFAR and the artist will pursue recovery of the remaining balance owed on the piece.
Protection of Art while in VFAR’s or the installer’s possession
VFAR will store art for only the amount of time it takes to transition the art to and from the customer making every effort to keep the art securely and safely. If damage due to mishandling occurs when the art is in the possession of VFAR, VFAR will pay to the artist the amount necessary to perform repairs, up to 30% of the value of each piece that sustains a partial loss as defined above; for full loss VFAR will pay 30% to the artist for the piece(s) that sustain a full loss as defined above. Art damaged due to mishandling will be returned to the artist. VFAR will not pay for losses due to theft, or from fire, flood or other Acts of God while the art is in the possession of VFAR. VFAR will furnish a police report to the artist for theft or fire or for other circumstances in which the art is unrecoverable.
Limits of recovery Under no circumstances will the artist be entitled to more compensation than is stated here from VFAR, or from the customer. If the recovery of losses as set out here does not satisfy the needs of the artist, they have the option of making a claim through their own insurance policy.
Failure of the display systems Display systems are categorized here as one of two types: 1) The display system that is attached to the art (such as the wire on the back), and 2) the display system that is attached to the display surface (such as a nail or wall anchor). In the case that 1) fails, the artist is responsible for any resulting damages to the art and will not be compensated for damages. In the case that 2) fails AND the installation was performed by the installation service, the installer is responsible for payment for any resulting damages to the art. In the case that 2) fails AND the installation was performed by the CUSTOMER or anyone other than VFAR or the installation service, the customer is responsible for payment for any resulting damages to the art via Liability Options 1 or 2 as applicable.
Ethics guidelines Voilà Fine Art Rental is committed to providing all artists with an ethical service, free of conflicts of interest with other aspects of their art business. Similarly, VFAR expects the same level of commitment from the artist. A non-exhaustive list of examples is given here:
The sales price set by the artist on the VFAR website should be the same as advertised elsewhere.
If a customer approaches the artist about purchasing a piece that they found on VFAR, it is expected that the artist refers the customer back to VFAR to purchase the piece rather than arranging the sale themselves.
If the artist has requested VFAR to post a notice that a particular piece is currently in a show, and has provided VFAR with the name, location, and website of the show for display with the piece (as opposed to hiding the piece from the VFAR website, see section 5 of Art Availability “Show policy”, above) and the piece was sold during the show due to the artist/show’s marketing efforts, VFAR would not take any commission for the sale of this piece.
If the artist has requested VFAR to post a notice that a particular piece is currently in a show, and has provided VFAR with the name, location, and website of the show for display with the piece (as opposed to hiding the piece from the VFAR website, see section 5 of Art Availability “Show policy”, above) and VFAR is approached via the website by a customer to purchase the piece, VFAR would not accept the sale until after the show is over per the date provided by the artist. The customer is free to purchase the piece via the show.
If a piece that is advertised on the VFAR website is also in a show, and the artist has chosen to add VFAR signage indicating that the artist also rents work with VFAR, VFAR would not take a commission on a sale of that piece for the duration of the show. It is important that the artist inform us that the piece is in the show.
If a customer sees a piece at a show, finds that it is available for rent through VFAR, and contacts us to arrange rent after the show is finished if the piece hasn't sold, VFAR would take commission on that rental and eventual sale (if it were to happen), because that is a service that the show didn't provide and is outside the time-frame of the show.
If a customer sees a piece at a show that they are interested in buying, then doesn't get around to buying it until the show is over and they find it is now available on the VFAR website (per the artists instructions to us), VFAR would take commission for that piece.
If the customer became interested in the work of a Voilà Artist at a show, then came to the VFAR website and approached us for the sale of a piece that wasn't in the show but was on the VFAR website, VFAR would take commission for that piece (since VFAR would be brokering the transaction and provided the advertising platform for it).