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Thread started 06 Mar 2014 (Thursday) 20:48
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Insurance for hanging in a store/gallery

 
tickerguy
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Mar 09, 2014 12:25 |  #16

I'd be quite-surprised if the owner of the gallery does not have general business insurance, including the contents of the building they're operating in.

I've never been able to lease a commercial location without having at least commercial liability coverage in a pretty sizable amount ($1m is not an uncommon requirement at all) and contents coverage is generally part of that policy and not particularly expensive. Where it might get sticky with the gallery owner is if there are irreplaceable items on display (e.g. original paintings) but the owners of those are unlikely to let her have them for display without knowing that they're covered if the building burns to ash. For irreplaceable items they are always scheduled individually but this is not the case here -- the exposure is quite ordinary and commercially-reasonable.

I think inquiring of such and expecting it is a pretty-ordinary request and one that I can't imagine anyone with high-value original artwork would not be asking about prior to allowing her to display their work.


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Nightstalker
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Mar 09, 2014 18:18 |  #17

To assume that a business owner is ignorant of basic business requirements would be wrong IMHO.

If you supply them on a Sale or Return basis then the onus is on them to either return the product in as original saleable condition or to pay you for it. Their insurance covers their costs in paying you for the lost or damaged goods as per their agreement with you.


  
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NetJohn
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Mar 09, 2014 19:00 |  #18

OP, what does your Contract with the store owner say?

John


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J-Blake
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Mar 10, 2014 08:49 |  #19

You guys may be right I may be underestimating the owner, but the vibe I'm getting is she's winging it. She told me she's owned the store for 3 years and the building is owned by her ex-husband (restaurant next door) who rents her the space.

I have no written contract, just a verbal agreement that she'll allow me to hang my work in her store and she'll get 30% of each sale. I'd be very surprised that she has a written contract with her ex, but who knows.


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Dan ­ Marchant
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Mar 10, 2014 10:13 |  #20

If she is winging it that is all the more reason why you should have a contract with her. You don't want some screw up on her part (or someone else's) to become your problem.


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SmokeySiFy
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Mar 11, 2014 09:11 |  #21

J-Blake, you have now said you think she isn't savvy to the ways of business and that she may be "winging it". I contend, you sir, are not savvy to the ways of business and are also "winging it". If you were truly savvy, you would have placed a contract in place and ironed out the issues of her insuring the photos under her insurance. We all make mistakes. Now up your savvy and rectify this. Find some horror story from the press to exemplify and bring up the issue in conversation with her. Ask to place a contract in place, to protect both of you, and stipulate that your work is covered in her insurance. Good luck, young padawan.


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J-Blake
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Mar 13, 2014 07:51 |  #22

I’ve tried to respond this several times now, but it never comes out with what I want to say. Is my producing a contract for her the answer to my problem in that it will force her hand with respect to the insurance issue? Or, is it going to cause the same problem I’m afraid of by pushing the insurance issue. I never said I wasn't (winging it). Everyone has things to learn and if I'm deficient in this area then thanks for pointing it out. I'm certainly new to the business side of things.

If I was showing in a gallery, my guess is they would have me sign a contract with them before I brought one piece in the door which spelled out whatever they require. The mere fact that I’m having to produce this is telling me that I’m right in my thought process about her naiveté (and perhaps mine too).

Anyone with suggestions on a good sample contract to use as a go by? Or what needs to be covered? Is this the answer instead of carrying my own insurance?


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sspellman
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Mar 13, 2014 08:39 |  #23

A contract to cover pricing, the revenue split, and confirmation that your property is covered by her general business insurance is far more important than trying to get insurance on your own. In fact, if you try to get insurance for your property at another place of business, every smart insurance agent will ask all these same questions. The may even refuse to insure the prints unless her business has extended fire/smoke/water damage protections and insurance.

A lawyer is the right place to get a real contract, not a photography forum.


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J-Blake
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Mar 13, 2014 09:55 |  #24

sspellman wrote in post #16755240 (external link)
A contract to cover pricing, the revenue split, and confirmation that your property is covered by her general business insurance is far more important than trying to get insurance on your own. In fact, if you try to get insurance for your property at another place of business, every smart insurance agent will ask all these same questions. The may even refuse to insure the prints unless her business has extended fire/smoke/water damage protections and insurance.

Okay, got it.

sspellman wrote in post #16755240 (external link)
A lawyer is the right place to get a real contract, not a photography forum.

I was afraid you'd say that! 8^)

Long way around, but I think I'm getting close to my answer. Thanks to everyone for their help.


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Insurance for hanging in a store/gallery
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