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You are here: MacNN Forums > Enthusiast Zone > Art & Graphic Design > Artist Exclusive Contract - I was stupid... Help...

Artist Exclusive Contract - I was stupid... Help...
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Naz
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Join Date: Oct 2000
Location: over here *
Status: Offline
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Jun 25, 2004, 12:02 AM
 
I hope I can ask for help here...

I did something really stupid and signed a contract

I was asked to join a gallery that was just about to open...
I have been searching for a way to work full time on my art so I agreed to move
and work with the gallery... I was asked to work exclusive to the gallery
I was a bit worried about that but I need a way to work full time on what I loved.

If I could do that I could improve my style overtime so I hoped to work and get better at it.

Gallery owner agreed to move me to the town the gallery was located at
move my existing work, pay my rent until the gallery opened and the sales came

before the move after everything was packed he sent a contract

I was very worried about it but I was packed and gave away all I could not move
like iMac TVs and such because he was only paying to Fedex my existing Art.

I SIGNED IT AND SENT IT>>> STUPID!!!

He agreed to buying $2,000 of canvases and paint to begin on work for the gallery
since he knew my existing work was not Acrylics but Oil Pastels on Board

and he needed Canvases so he could sell at a higher price.

So I moved from Connecticut to a little town Beaumont Texas where the gallery was to open.

I came here and found out he owned all the building on the block and the gallery was just an space empty space he owned and he was just going to use the walls and slap Art Gallery on it.

He owns a Night Club and Hair School and the rest of the empty spaces in the Block of that Street.

He made most of his millions on Real Estate in the Houston Area and small towns like Beaumont.

He is not willing to spend much on the Gallery, he knows very little about Art
just wanted a quick buck and I got fooled into thinking he knew something about art.

The lady he had contact me and she was to represent and market the gallery and my Art
is the Manager of the Hair School Across the street.

After moving and finding out the details
After hearing him say he owns my existing art and telling that lady that I paint what they tell me to paint.

I asked to meet with him to talk things over he came to my apartment
Nearly the same time the Art Supplies got to my apartment a little after,

We got into an argument then I told him I would not be working with him.
He said to get out of the contract I signed I would have pay him what he spent
on moving me to Texas... FedEx to move my Art - Plane Ticket - First Months Rent and Electric...

= $3,000

he called someone on the cell phone and they came and took all the $2k of Art Supplies
then he left.

So I am stuck in this town with no money to pay the rent coming up and no art supplies
lost everything I had in Connecticut.

I'm lucky I kept my Powerbook

So now I need a way out of this contract...
Beaumont is a small Hot town... I have no car to go and shop my work around to raise $3k
and how can I trust he is not going to cheat me...

I am lost... I was SO STUPID
Nazaire's Art - -- iMac 500 DV SE --- 17" PB
     
Mac Enthusiast
Join Date: Aug 2002
Location: Santa Rosa, CA
Status: Offline
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Jun 25, 2004, 01:33 AM
 
I'm not a lawyer, and I don't play one on the Internet, but you need to talk to one.

Based on what you've said here, this guy may have misrepresented himself as an established gallery owner (which was far from the case) and that could mean that the contract might not have much validity.

But don't take my word on it: get legal help. Try contacting the local county bar association to see if they know of any cheap or free legal resources that might be available to you.

And best of luck.
     
Dedicated MacNNer
Join Date: Nov 2001
Location: Are Eye
Status: Offline
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Jun 26, 2004, 08:21 AM
 
It is illegal to prevent someone from making a living in the US. It sounds like the contract, like many of those that forbid a person from working for a competitor after you quit, is invalid. Many people try to scare you into believing your stuck, and more often than not, it's a bluff. (yes, I know that some are valid, but there are many, many restrictions)

Tell him to piss off, and leave. If he currently possesses your work, then it may be difficult or impossible to retrieve without a lawyer, but you're not bound to slavery, don't worry about that.

It also sounds like he knows he can't do anything about it, and that's why he took his toys and went home. He's trying to hardball you into staying.

Worst case scenario is this: he sues you. You said it yourself that you don't have $3k. Do you think this guy is going to spend a few grand to sue you in hopes that you aren't able to defend yourself? I don't.

I'm not a lawyer, I'm just a guy on the web, so don't take my word as gospel.

One more thing: You were entirely too close to NYC to move away looking for a start in art.
     
Professional Poster
Join Date: Mar 2002
Location: Minneapolis, MN U.S.A.
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Jun 26, 2004, 10:22 AM
 
sorry to hear about your experience.

i'm no lawyer so keep that in mind as you read further.

first, do you know how much he spent to move you? not what he told you, but an actual figure based on receipts? there are limits on legal action and dollar amounts. your case may fall into small claims court. find out so you know where you stand. if it's small claims he may not even bother pursuing legal action.

if i were you i would pack my things and disappear under the cover of darkness. get a friend or family member to help you get out of there. that's step one.

after you flee this little town i suggest you disappear for a while. as an artist that shouldn't be too difficult. pick a new place and go create your art. in time he'll forget you ever existed.
     
Fresh-Faced Recruit
Join Date: Apr 2003
Status: Offline
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Jun 30, 2004, 12:22 AM
 
I'm not a lawyer so take what I say with a grain of salt.

First do you have a copy of the contract? Keep all receipts. Do you know a lawyer? Anyone in your family a lawyer? The misrepresentation on his part sounds reasonable. What kind of paintings did you show him or send him? Why is it you can not paint what you wish? Do you think you could make any money with this setup? I'm sorry to hear this happened to you. I can tell you leave and he will not forget you. You can not run from this but you should look into getting out of his supporting you.
     
   
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