Smart Questions to Ask an Agency

Working with an agent is a big commitment. Below are questions to get you started defining the terms of your working relationship.

Your Works
What work is covered under the agent agreement? You may want to exclude work for specific clients, self-published work, or work for an in-house gallery. You could also work on a piece-by-piece basis.

Agent Percentage
What percentage of the fee does the agent receive? Is this percentage the same for all types of work?

Expenses
Clearly spell out what expenses are shared. Pay attention to: trade shows, agent travel, legal fees, support staff (bookkeeping, data entry), and promotional materials (online services, printing, postcards).

Territory
Do you want to work with an agent exclusively in one region? Does the agent work nationally or in specific markets? Do you want the agent to work in or exclude publishers?

Credit / Copyright Notice
Will your work be credited on the product or in a book, when possible?

Billing and Collection
Agents are usually responsible for billing and collecting payment. What happens if a client does not pay?

Payments
Clearly specify when you will be paid — when the work is delivered, monthly, or no more than 90 days from receipt of client payment.

Termination
How long is this contract? What happens if either party wants to end the relationship? Who gets paid what, and for how long after termination?

Non-Compete
Does the agency promote individual artists by name, or will your work be presented to clients anonymously?

Rights
Is there a requirement for the number of years the artwork must remain exclusive?

Volume of Work
Does the agency have a minimum number of pieces they expect an artist to create?

Prompts / Trends
Does the agency provide prompts or trend information to help generate new work?

Group Meetings
Does the agency organize group meetings with other artists on their roster?