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I got served hard...

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naz said:
I do not work on Canvas 95% of the time.

I don't see what the big deal is then. If you don't owe him anything that you don't do on canvas, you seem fine.

Btw, what the hell possessed you to sign this contract without first seeing the shitty 'gallery' in this shitty town? I mean, I know you are broke, but couldn't you have at least gotten pics?
 
Sactown said:
The canvas issue is kind of tricky.
Does he really only want work that's done on a canvas, does he know that most of your work is not done on canvas? If he deals in other types of art, and he did not only intend for your work done on canvas, then the wording in the contract might not matter much.

I don't see why you don't give this thing a try though. Go wherever you want, make your art, and see if he does a godo job selling it.

*I'm not very knowledgable when it comes to art, but couldn't you consider anything a canvas?

True maybe you can consider anything a canvas... but yes He wanted canvas when I told him
most of my work is oil pastel on board but he wanted canvas and acrylic paint because he said collectors would like it best...

Sure I would have given him a chance but I found out this was only an investment thing for him he knows nothing about art he made it big in Real Estate
(the gallery is just an empty building he owns that was just sitting there so he had a vision to use the walls he had - not taking a lost)

The person who contacted me for his gallery works for his other business a Hair School across the street

these people are not qualified to sell Art... I was not told any of this until I got here to find out for myself
 
LizardKing said:
I don't see what the big deal is then. If you don't owe him anything that you don't do on canvas, you seem fine.

Btw, what the hell possessed you to sign this contract without first seeing the shitty 'gallery' in this shitty town? I mean, I know you are broke, but couldn't you have at least gotten pics?

funny thing is I was waiting on Pics... they delayed and never sent them and I was rushed, and did something very very stupid
 

Particle Physicist

between a quark and a baryon
i feel for you man... ive seen your work.. and its really great..

im actually in the process of opening up a gallery type thing in new york.. i would love to constantly have quality work like yours up on my walls ..
 
quadriplegicjon said:
i feel for you man... ive seen your work.. and its really great..

im actually in the process of opening up a gallery type thing in new york.. i would love to constantly have quality work like yours up on my walls ..

thanks... that was my one motivation to be able to work at it full time.
I really wanted to work hard and improve my style of work overtime.

If this owner really knew anything about Art and he really cared for Art
I would have stayed in contract but he just saw a quick buck a way to fill an empty lot
he owned... He owns most of the block... A night club across the street and a Hair school
and 5 other old empty buildings...

He runs them all... so the gallery thing is no risk for him but major for me.

Can't give 5 years of my life to people who can't really market me in the art world.
 

Pimpwerx

Member
Fucking get up and leave. And give him a big fuck you on the way out. If he sues you, then he must have a lot more money than he let on. I'd take the chance, but then again, I don't give a shit like that. PEACE.
 
Pimpwerx said:
Fucking get up and leave. And give him a big fuck you on the way out. If he sues you, then he must have a lot more money than he let on. I'd take the chance, but then again, I don't give a shit like that. PEACE.

That is the only thing I can do for now.

Is kiss this place Good-Bye
 

maharg

idspispopd
Let him sue you if he wants to. Breach of contract is not a jailable offense. The worst that might happen is you'll have his 'losses' for your breach taken off your income for a while. It's very much unlikely they'll enforce any kind of specific performance (your work is not unique enough, in the sense that there is no shortage of artists and you haven't really made a name for yourself).

More likely he won't bother to sue you.
 

Ill Saint

Member
I'm no legal expert, but from reading that "contract", I get the feeling that there's no way he'd take you to court if you told him to fuck off. It's just too ridiculous... he'd get laughed out of there. Scare tactics I reckon.
 

Brannon

Member
If you sign a contract, and it turns out to be too detrimental to you, then most of the time you can get out of it. The contract and your situation seems to be in that way, so tell him you're getting out. If it does come to going to court, a reasonable judge may berate you for not reading the contract thoroughly, but he may let you off with only a little punishment.

Sticking with the contract would be the worst thing for you. No exposure for one thing. And no one owns anybody unless they're a warden and you're a prisoner.
 

B'z-chan

Banned
This is texas were talking about.

I'm sorry to hear this Naz.

Where is the GAFers from Texas? You guys need to help a fellow Gafer out.

Lawyers are hard to find especially for probono stuff.
 

Tekky

Member
Go see a lawyer anyway. Explain the situation and tell him up front you don't have any money. He might be able to refer you to someone who can handle your situation.

(I agree that the lack of a termination clause looks invalid.)

Don't assume it's hopeless, unless you really _want_ to be a loser.
 
homerhendrix said:
Sorry if this is a little off topic, but do you have a website where I could catch a glimpse of your work?

http://www.kreyol.com/bio.html


---

thanks for the help guys, I won't give up... if I find the money in a few months then I will pay him so I can focus on other things... but if I don't he can sue me.

I will keep looking for advice as soon as I find a stable place to stay I will talk to a lawyer
 

Ill Saint

Member
Being an artist / graphic designer, I know how hard it is to find honest people to deal with along with all the bullshit involved with the profession. Good luck, and most importantly, keep going...
 
thanks... I will keep doing it and trying to get better at it


Reminds me I would like to see some dancing Tigers and Lions...


KENYA! KENYA KENYAH KEN YAAH
 

B'z-chan

Banned
Wow i've never seen any of your work before and i must say i wouldnt mind hanging a few of those pieces in my own room if i had room. Very nice work. I could really apreciate something like that, i can only hope others also apreciate your work.

Good luck and all with the lawyer man. I hope it all works out in your favor.
 
Cool thanks B'z-chan

knowing how diverse GAF is I did not think many would find much to like about my Work

I'm glad to hear so many find it good.
 

golem

Member
in many cities, there are free (or nearly so) workshops staffed by legal students and overseen by lawyers/teachers to help small businesses/entrepenuers/nonprofits get off the ground. perhaps you might want to consult one of those organizations to get an opinion on the validity of your contract or how you can go about getting it terminated
 

Vlad

Member
Also, as far as the contract goes, this seems a little fishy (moreso than the other stuff, at least):

I. RIGHTS AND TERM

Artist grants to Retailer exclusive world-wide rights to sell all painted canvases created by Artist and sold for as long as this contract is in force. Retailer’s rights shall include all direct and indirect sales of painted canvases at any location, domestic or international. This exclusive contract is intended to include all canvas sales of the Artist, whether direct to the public or to a third party or agent for later retail sale. Contract shall be in force from the date of execution and for five years thereafter. Contract will be renewed automatically unless discontinued by the method detailed below. The sales price of each canvas shall be set by Artist, however, Retailer shall have the right to set a minimum price for each canvas.

So I see that thing about discontinuing, and try to keep an eye out for it while I read the rest of the thing, and all I can find is:

VII. TERMINATION

Notwithstanding the terms set out above, contract may not be terminated.

XIII. BANKRUPTCY AND INSOLVENCY

If a petition in bankruptcy shall be filed by or against the Retailer, or if it shall be judged insolvent by any court, or if a Trustee or a Receiver of any property of the Retailer shall be appointed in any suit or proceeding by or against the Retailer, or if the Retailer shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or insolvency Act, or if the Retailer shall liquidate its business for any cause whatsoever, this agreement shall terminate automatically without notice, and such termination shall be effective as of date of the filing of such petition, adjudication, appointment, assignment or declaration or commencement of reorganization or liquidation proceedings, and all rights granted hereunder shall thereupon revert to the Artist.

So according to section I, you can only terminate the contract after five years by the "method detailed below". Unfortunately, there is no "method listed below" (unless I missed it), so that contract will automatically renew itself every five years until the retailer (or one of his heirs) goes bankrupt.

So, at the very least, the contract could be considered incomplete or misleading. Of course, the fact that you did still sign it will probably work against you.

If you really prefer painting on boards and stuff, you may want to just stick with that. The contract you signed specifically refers to painted canvases, so this person has no claim on any piece of work you do that isn't on a canvas.
 

maharg

idspispopd
I don't think it's at all safe to assume that a completely literal interpretation of the word canvas will be taken if it comes to court.

Fortunately it probably doesn't matter.
 

john tv

Member
BigJonsson said:
Haha

Was the "stupid artist" and "greedy owner investments" actually on the contract?

Nothing personal (seriously), but that was one of the dumbest questions I've ever seen asked on this forum. :)
 

SFA_AOK

Member
I would make the effort to get out the contract. If in the future you become mega successful, do you want this guy turning up claiming he owns all your art? I'm not sure if that's possible, but it'd weigh heavily on my mind...
 
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