Terms of Collaboration with TBQA

On Exclusivity and Sales Transparency

The Bureau of Queer Art (TBQA) does not require exclusivity from the artist. However, we ask for the following considerations to maintain transparency and mutual support:

Pricing Consistency – Prices for works offered through your studio should match those listed on the Artsy platform and in the gallery.

Non-Competition Clause – Works exhibited with TBQA should not be in direct competition with another gallery representing you on the Artsy platform.

Commission Respect – If a piece is sold offline and can be reasonably linked to exposure through TBQA efforts (including exhibitions, publications, or marketing), we ask that the agreed-upon commission structure be honored.

Our intention is to collaborate in a way that increases visibility not only for your work but for the larger community of queer and allied artists we represent. This collaboration relies on clear communication, mutual respect, and trust from all parties involved.

CONTRACT TERMS AND STIPULATIONS

The invitation for participation in the online publication can and may be rescinded if the deadlines are not met. Please complete a contract for each show you are presenting in: Artsy solo, Artsy group, in-person group, in-person solo, and/or art fair.

This contract applies to the artworks submitted via Image Submission forms for Artsy and show production, and any amendments made via email agreements.

1. Artist retains ownership of all artwork on loan to TBQA. Artwork must be original, unsold work. The Artist must be the sole copyright owner. The artist will retain copyrights to the artwork in perpetuity, as governed by law.

Any and all images provided by the Artist to TBQA can be used for promotional purposes (online or in print) pertaining to inventory, sales, publications, media, and events.

1. List price for each artwork on loan will be established by TBQA in consultation with the Artist. Factors influencing the list price include history of prior sales, market demand, and the curator’s knowledge of gallery inventory, collector requests, and original artwork submissions.

TBQA can negotiate up to 10% below the list price on all artwork loaned. The artist will be consulted on offers made below the 10% threshold prior to the sale of artwork on loan.

1. TBQA will exert all reasonable efforts to close sales of loaned artwork. Artist agrees to provide TBQA upon request, with any necessary documents or information in support of sales in a timely fashion.

Commission Structure

Our commission structure balances the financial responsibilities between the gallery and the artist to ensure fair compensation for all parties. Please complete a contract for each show. A commission on the final sale price of all artwork sold during the exhibition and up to 30 days after the close of the exhibition for purposes of sales pending (when applicable).

Group Show Commission for Artsy Sales (Non-Residency)
19% to Artsy
31% to The Bureau of Queer Art
50% to the Artist

Artists Opting for Solo Exhibitions, Artsy (Non-Residency)
19% to Artsy
26% to The Bureau of Queer Art
55% to the Artist

In-person Show – Physical Location (e.g., art fair, cultural center, external spaces to TBQA, international exhibitions)
50% to The Bureau of Queer Art
50% to the Artist

Current Residency Artists – In-person Show
50% to The Bureau of Queer Art
50% to the Artist

Current Residency Artists – Artsy (No Artsy Platform Fee for Solo or Group Exhibitions)
19% to Artsy
21% to The Bureau of Queer Art
60% to the Artist

Pride NOT Permission Show - Exception to the rule

19% to Artsy
11% to The Bureau of Queer Art
70% to the Artist

Gallery Exhibitions: Sales remittance to the Artist will be provided within 20 business days after the close of the exhibition and receipt of payment from the Buyer to TBQA has been finalized. TBQA will provide the Artist with a remittance statement for any and all sales.

Artwork | Receive and Return | Conditions

1. TBQA is not responsible for faulty hangers or mounts on framed or unframed works. Frames, mats, and wiring must be professional quality and in good condition. Wires must be securely fashioned and support the weights of the artwork. 2D artwork selected for exhibition must be ready to hang. 3D artwork and freestanding sculptures must be able to stand or hang securely and independently. We do not accept claw-foot hangers and prefer D rings or wire.

2. A) All shipped artwork to a gallery exhibition must include a return label from the Artist’s preferred courier (e.g., FedEx, UPS, & DHL). The Gallery will charge $5 USD a day starting 10 days after a show has closed for works not sent with a return label and appropriate return packaging. We do not accept USPS for shows in Mexico because there is no adequate postal system to return your work in this manner. After 30 days, the artwork is considered abandoned by the artist and becomes part of the gallery's permanent collection. TBQA cannot accept responsibility for the storage of artwork beyond the limits placed here. Exceptions can be made with a written agreement in an email where both parties clearly state the agreement and agree to it. Artists ultimately have the responsibility to provide the shipping label within these time constraints.

3. B) The artist is responsible for any and all customs fees and/or taxes for international shipping to a gallery exhibition.

If TBQA receives a customs bill as a result of improperly filled out paperwork or any other circumstances, Artist will be invoiced for any accrued costs. TBQA may hold artwork as collateral until such invoice is paid in full.

If such invoice is not paid within 10 days after the opening of the exhibition, the term agreement or invoice date, an invoice will be considered artwork(s) will be considered forfeited by the Artist.

1. C) The artist is responsible for round-trip shipping and handling costs, packaging, and transport insurance of artworks.

TBQA is not responsible for artwork damaged or lost during shipping to or from the gallery.

Damage to artwork may not be noticeable upon arrival; the gallery will be diligent in documenting any damage caused in transport (whether upon arrival or when artwork is unpacked).

TBQA will notify the Artist as soon as possible if damage during transport has occurred.

1. Parcel packaging must be suitable for re-use for return shipping and/or shipping to the buyer in case of sale.

The artist will be invoiced for any accrued costs for artwork requiring new packaging for return or shipment for sale.

Absolutely no packing peanuts! Crates, boxes, and even small packages containing packing peanuts will be resealed and shipped back to the Artists, no exceptions.

1. TBQA reserves the right to refuse artwork(s) that are not professionally presented, securely mounted, and/or that do not resemble original online submissions. In the event that an Artist’s artwork(s) are refused upon arrival at the gallery, the Artist is not entitled to reimbursement(s).

Any costs and/or fees associated with the exhibition are non-refundable (i.e., submissions, applications, artwork preparation and/or packaging, shipping and handling, exhibition preparation, etc.).

Presentation

1. Artist agrees that artwork on loan to TBQA during the term of this agreement (originals and/or prints and duplicates) will not be displayed, exhibited, or shown on Artsy by another gallery while the artwork is on loan to TBQA.

Online exhibitions remain available even after the closing date when they are linked to the podcast and/or publication to create continuity for our collectors. No one can purchase a piece without the artist's approval, and the gallery would contact the artist to confirm availability at that time. However, the gallery reserves the right to remove an artist's work at any time for any reason, including violations of the contract or other concerns.

We believe in a non-competitive exhibition with other galleries. We don't undercut prices but have equal prices to physical galleries displaying as shown on the Artsy platform. We will coordinate exceptions with artists based on circumstances, and this must be in writing in the form of an email referencing the exception to the contract and specific show.

1. Print reproductions of unique or editioned artwork may be produced by TBQA for the purpose of exhibition or order fulfillment in lieu of original artwork.

TBQA will notify artists if such reproductions are applicable to the exhibition. Reproduction prints will not be listed for sale on our Artsy Platform without prior agreement.

1. TBQA may terminate this exhibition agreement at any time if the Artist violates any of the stipulations outlined above. Professionalism is a core expectation within the TBQA community and is essential in all collaborations with an artist’s studio.

This includes:
– Meeting deadlines
– Providing accurate and timely information
– Maintaining clear and responsive communication
– Actively promoting your participation in the TBQA community project
– Upholding mutual respect in all interactions
– Making decisions that prioritize the collective benefit of the community

TBQA is an ecosystem. The success of your studio is directly connected to the health and visibility of the broader TBQA network. Mutual accountability ensures the integrity and impact of our shared efforts.