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Art Broker Agreement
I need an Art Broker Agreement for my Hong Kong gallery to appoint an exclusive broker for our contemporary Chinese art collection, with special focus on authentication requirements and a 15% commission structure for sales above HKD 2 million.
1. Parties: Identifies the art broker and the client (whether artist, collector, or gallery)
2. Background: Outlines the context of the agreement, including the broker's expertise and the client's objectives
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope of Services: Details the broker's appointment and specific services to be provided
5. Broker's Obligations: Lists the broker's duties, including marketing, negotiation, and due diligence requirements
6. Client's Obligations: Specifies the client's responsibilities, including providing accurate information and necessary documentation
7. Commission Structure: Details the broker's compensation, including rates and payment terms
8. Representations and Warranties: Contains assurances regarding artwork authenticity, title, and authority to sell
9. Due Diligence and Compliance: Outlines procedures for artwork verification and regulatory compliance
10. Confidentiality: Governs the handling of confidential information
11. Term and Termination: Specifies the agreement duration and termination conditions
12. Liability and Indemnification: Addresses risk allocation and liability limitations
13. General Provisions: Includes standard clauses like governing law, notices, and amendments
1. Exclusive Rights: Used when the broker is granted exclusive rights to represent specific artworks or artists
2. International Sales: Include when dealing with cross-border transactions, covering export/import requirements
3. Insurance: Detailed insurance requirements when the broker takes possession of artwork
4. Storage and Transportation: Include when the broker is responsible for artwork logistics
5. Restoration and Conservation: Used when the broker arranges for artwork restoration services
6. Online Sales: Include for digital platform sales and online auction arrangements
7. Exhibition Rights: Used when the broker has rights to exhibit artworks
8. Intellectual Property Rights: Include detailed IP provisions when dealing with contemporary artists or reproductions
1. Schedule 1 - Commission Rates: Detailed breakdown of commission structures for different types of sales
2. Schedule 2 - Artwork Schedule: List of specific artworks covered by the agreement, including details and estimated values
3. Schedule 3 - Due Diligence Procedures: Detailed procedures for artwork authentication and provenance verification
4. Schedule 4 - Compliance Checklist: Anti-money laundering and regulatory compliance requirements
5. Schedule 5 - Service Level Standards: Specific performance metrics and service standards
6. Appendix A - Required Documentation: Templates and forms for artwork documentation
7. Appendix B - Insurance Requirements: Detailed insurance specifications and coverage requirements
Authors
Artwork
Authentication Certificate
Broker Services
Business Day
Client
Commission
Confidential Information
Due Diligence Requirements
Effective Date
Exclusive Period
Force Majeure Event
Hong Kong
Intellectual Property Rights
Law
Market Value
Net Sale Price
Parties
Performance Standards
Permitted Purpose
Provenance
Purchase Price
Regulatory Requirements
Related Documentation
Sale Agreement
Service Fee
Term
Territory
Transaction
Valuation Report
Consignment
Authentication
Condition Report
Export License
Import License
Insurance Value
Marketing Materials
Professional Standards
Restricted Party
Sale Proceeds
Storage Facility
Transaction Documents
Verification Process
Scope of Services
Exclusivity
Commission
Payment Terms
Due Diligence
Authentication
Representations and Warranties
Confidentiality
Non-Disclosure
Intellectual Property
Title and Provenance
Insurance
Storage and Transportation
Term and Duration
Termination
Force Majeure
Liability
Indemnification
Anti-Money Laundering
Compliance
Export Control
Documentation
Marketing Rights
Competition
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Amendment
Entire Agreement
Severability
Third Party Rights
Performance Standards
Service Levels
Risk Allocation
Data Protection
Consignment Terms
Agency
Valuation
Arts & Culture
Luxury Goods
Financial Services
Professional Services
Museum & Heritage
Auction Services
Investment Management
Gallery & Exhibition
Cultural Tourism
Education
Legal
Compliance
Fine Art
Business Development
Client Relations
Due Diligence
Collections Management
Authentication & Valuation
Investment Advisory
Risk Management
Art Broker
Gallery Director
Art Advisor
Compliance Officer
Legal Counsel
Art Collection Manager
Fine Art Specialist
Business Development Manager
Art Market Analyst
Cultural Heritage Manager
Investment Manager
Due Diligence Specialist
Private Client Advisor
Museum Curator
Art Authentication Expert
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