The Potter's Guide to Consignment Agreements
Protecting your craft while expanding your reach into galleries and boutiques.
What is 'Sale or Return'?
Consignment, often referred to as 'Sale or Return' in commercial legal terms, is an arrangement where you (the Artist) provide your work to a Gallery (the Consignee) to sell on your behalf. Crucially, you retain legal ownership of the ceramics until the moment they are sold to a customer. If they don't sell within a specified timeframe, they are returned to you.
Without a written agreement, this arrangement can become murky. Is it a wholesale purchase or a temporary loan? Having a clear 'Clay Clause' ensures both parties understand that titles only pass when the receipt is printed.
Who is Responsible for Breakage?
In a pottery studio, a crack is a learning moment. In a gallery, a smashed vase is a financial dispute. Your consignment agreement must explicitly state who bears the Risk of Loss.
- The gallery should be liable for any damage while the work is on their premises.
- Clarify if insurance is provided by the gallery or if you need your own rider.
Ensuring Prompt Payment
Cash flow is the lifeblood of an artisanal business. Your agreement should define the 'Payment Window'—usually 30 days following the end of the month in which the sale occurred. We recommend a clause that allows you to request a sales report at any time, ensuring transparency and trust.
The Vital Inventory Receipt
Never leave work at a gallery without a signed Inventory Receipt. This simple document should include:
- Description of each piece (including dimensions and glaze).
- Retail Price vs. Artist Net Price (your cut).
- Date of delivery and expected duration of display.
What Our Clients Say
"Clay Clause Legal helped me navigate my first major London gallery contract. I felt protected and professional."
— Elena Rossi
Studio Potter
"Clear, concise, and grounded. They actually understand the ceramics industry, which is rare for lawyers."
— Julian Thorne
Sculptor
"The consignment template they drafted saved me from a logistics nightmare last Christmas. Highly recommended!"
— Sarah Jenkins
Wheel & Fire Studio