How to Negotiate an Exhibition | ©Mr Daniel M. Fisher | A Guide to Creating a Mutually Beneficial Relationship.

In the world in general, when someone offers something – a house for sale, a job, work from a tradesperson, a proposal of marriage even – this is generally the opening gambit in a negotiation process by which what has been offered will be discussed and, in the process, either adjusted to create something of mutual benefit, or declined.

But in the visual arts there is a tendency for the offer of an exhibition by a gallery to an artist to be taken at face value and either accepted or rejected. There is a tendency nowadays for arts organisations to offer an artist a show, with the immediate comment that there’s “no budget” to cover any costs connected to getting it up and running. Straight cash, however, is only one aspect of what an artist needs from a show, and a gallery could offer much in the way of in-kind support, professional introductions, and critical appraisal. This is where negotiation comes in as this approach leads to creating a working relationship that can be built on in the future.

A collaborative negotiation is preferable to a competitive one where the parties are out to get the best for themselves regardless of the wider implications. An unhappy relationship between artist and gallery tends to ricochet around the art world and does neither any good in the longer term.

Anyone unfamiliar with negotiation techniques would find it useful first to seek out guidance. Artists might get this from peers, or by looking out for negotiation workshops run by professional development organisations. An arts organiser or curator might ask advice from others in their professional network.

The opening of the first phase of a collaborative negotiation on an exhibition involves gathering as much information as possible, preferably well in advance of any meeting. Artists need to research the gallery, how it programmes, what its current interests are, which other galleries look to that one because they are good at picking interesting artists, and galleries need to research the artist, the context for their work, their peer network, their other projects, asking what do you want to achieve?

Before you start a negotiation, set out for yourself on paper what you want to achieve from the exhibition opportunity in terms of, things you must achieve, things you intend to achieve, things you would like to achieve, and remember it is your personal list and is not for sharing between the parties!

The first meeting gives an opportunity for artists and the exhibition organiser to discuss and explore each other’s needs, start to create a relationship and as part of this, for each to make tentative offers. Avoid your own preferences and ideas and instead use open questions that create a space in which ideas can be explored, for example: What do you think about, is there something you’d like to suggest, from experience ask what do you find works well, and what other options could we look at.

Once you have had a chance to assess each other’s position, you are ready for proposals and suggestions to be made. Be mindful of how you have prioritised your list of achievements that you can start to trade for, all the time looking for opportunities to offer things that one party needs but are of real value to the other. For example, a local authority or academic gallery that has a photographer could offer the artist visual documentation of their exhibition that would otherwise cost the artist.

After this period of exploration and testing, the trading and bargaining begins in earnest, try not to assume this all must happen at once, as the testing and proposal-making happens some weeks or days before you sit down to bargain and finalise the arrangement. In general terms, ask for more than you expect to get and do not concede too much at the beginning because then you have reduced your bargaining assets later.

In face-to-face discussions, be aware that body language speaks volumes – leaning back and folding your arms sends a signal that you are closed to discussion, whilst keeping eye contact and supporting a normal sitting position says the reverse. It is important to listen actively, to concentrate on what the other party is saying rather than waiting for them to finish so you can jump in and make your own points. Do not always feel obliged to bring in new material when you speak, you can instead summarise what has been discussed as a way of delaying to decide your next move. Silence is OK too, providing time to gather thoughts for another intervention.

Nowadays, negotiation is often done via email or telephone. It is better to avoid making curt or aggressive comments in emails which can tend to turn a collaborative negotiation into a confrontational one. Do not reply to emails or unexpected telephone calls ‘off the cuff’ always refer to the paperwork or notes from earlier communications.

An agreement cannot be reached until the parties get to a position, they can both live with as a matter of course, this is somewhere between their respective starting points. Neither party should feel afterwards they were backed into a corner or browbeaten into finalising the negotiation. If someone is pressing you to agree now, it is usually because they will get more out of the arrangement than you will.

When you’ve reached an agreement, write up your notes as a letter noting all the areas of agreement and send it to the other party, asking them to confirm the facts by signing, dating, and returning the letter to you on a second copy that you have provided. Either artist or exhibition organiser can write up the agreement. A checklist of what should be included in a formal exhibition agreement appears later.

Contractual obligations are a definite asset when dealing with unpredictable or even unknown factors in the marketplace.

Examples of the kinds of things of value to artists that they might want to include somewhere within the agreement are, access to the gallery visitors’ book to add selected names to their own mailing list, access to training opportunities/professional development usually only available to the gallery staff, being represented by the gallery, a catalogue or brochure which profiles the work, critique of the work by a respected curator or critic, a fee for the exhibition’s public presentation, the exhibition to be offered for tour, the exhibition organiser or curator involved in selecting works to show, feedback on the work from an exhibition organiser, fees for associated peripheral activities, good quality photographs or documentation of the show provided by the gallery.

1. Who are the parties to the exhibition agreement? These may include the artists who have made the work, the gallery or venue and an independent curator. Note however that if an exhibition is being organised by an independent curator for a gallery, a separate agreement is needed to set out the arrangements between curator and venue.

2. What is the purpose of the agreement? That is, to hold an exhibition showing of works, so list them in an Appendix.

3. What is the nature, scope, and intention of the exhibition? Give a concise description of the intention, theme, and title, including whether solo, two-person, group, and names of the other exhibitors.

4. Where will the exhibition be shown?

5. When will the exhibition be open to the public? So include dates, opening times, fixed closed days.

6. When will the preview take place? Give a date and a time for the preview and note who manages the refreshments.

7. Will the exhibition tour? The details of other venues, including dates should be listed in an Appendix.

8. Who will deliver the works to the venue and return them afterwards to the artist? This includes packing, repacking, and transport arrangements, and who is paying for these, as well as collection and return delivery dates to the artist. If the exhibition is touring, include these details for each venue.

9. Who is installing and deinstalling the exhibition? This names who is responsible for what and when they will be doing it, including details of any preparation by the gallery and what the artist is supplying in way of display material or plinths.

10. Who is taking care of a loss or damage, and insurance? It is best practice for artist and gallery to note the condition of each work prior to packing and on delivery. If the work is transported by others, this condition report records any changes from the original condition and thus shows who is responsible for damage or loss. Although many small galleries say they require artists to provide their own insurance, it is a sign of professionalism for the gallery to take out an annual policy and, only if essential, to pass a pro-rata cost onto the artist, rather than for an artist to buy a one-off policy.

11. How will works for exhibition be selected? Ideally, selecting and deciding the arrangement should be by mutual agreement although for practical reasons in the case of a group or thematic exhibition, it is usually the case that the gallery has the final say.

12. Who oversees the publicity and promotion? Include here details of all printed and electronically produced publicity material including catalogue, preview card, leaflet, and press release noting who produces and distributes them and how many copies will be given to the artist or distributed to a list provided by the artist. It is good practice for the artist to be allowed to approve any images, captions, and written texts prior to distribution. List where advertisements will be placed. If there will be a press preview for which the artist must be present then include the date and time.

13. What fees and expenses are due to be paid? An exhibition fee is a professional acknowledgement by the gallery to the artist for providing public access to their work. A suitable fee for a solo show may be anything from £400 upwards. This is in addition to reimbursing the artists expenses for travel, accommodation and subsistence whilst installing the show. Other fees could be due for designing the publicity, writing a statement for the catalogue, providing a presentation or educational workshop.

14. Will the work be for sale? Define what commission the gallery will charge and whether VAT is charged on sales as well as issues around payments to the artist and collection of sold work.

15. Who owns the copyright and reproduction rights? It is still best practice for artists to hold copyright and reproduction rights in their work. However, it is usual for artists to grant a gallery the right to reproduce any work in the exhibition for publicity and promotional purposes.

16. What are the moral rights? Which include the right of ‘paternity’ that gives artists the right to be identified as the author of a work whenever a work is publicly shown. However, this right must be asserted and is automatic where the artist is shown on the original work, its frame, or mount, and will affect anyone whose possession the work comes into. Where the artist is not named on the original work, the assertion must be in writing, for example included within the agreement. In this case assertion only affects someone to whose notice the assertion is brought and so is of more limited use. It is best practice for artists to assert their right of paternity.

17. Who owns the work? Is the artist the owner or is it someone else, in which case ensure the artist confirms permission of the owner to lend the work.

18. Who is sponsoring the exhibition? Galleries often use sponsorship as part of their income stream or for a specific show. As private sector sponsors have various affiliations, it is reasonable for the artist to be consulted on any sponsors associated with their exhibition.

19. Which nations governing law? It is advisable to specify which country’s governing law applies to the exhibition agreement.

20. Include a ‘Force Majeure’? This peculiar term means putting into an agreement a clause that provides that neither artist nor gallery will compensate the other if the reason for its failure to go ahead with the exhibition is genuinely outside their control e.g. industrial action, illness, flooded venue, etc.

21. Can you change the agreement? Sometimes you need to do this, so it is a clever idea to include provision for this as something that can be done when both parties agree.

22. Is this a whole agreement? It is best practice to include a ‘whole agreement’ clause since this ensures that neither party can later claim the signed agreement did not hold everything that had been discussed or agreed earlier.

23. Where are the Appendices? List the works and Tour schedule that form an integral part of the agreement.

24. How can the agreement be ended? Say under what circumstances either party can withdraw work from the exhibition or terminate the agreement e.g. the artist may terminate if the gallery is in default or in breach of the agreement or becomes insolvent, and the gallery may withdraw work that is considered to contravene the law or if the artist is in breach of the agreement.

25. When should it be signed? Once the agreement has been finalised, it should be written up and signed and dated by both parties, in duplicate. The name and position of the person signing on behalf of the gallery should be said. Only Directors of limited companies have automatic authority to sign agreements on behalf of a company; other employees need special authority if they are to sign.

-Created Using References and Quotes along with AI.

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