This standard Transfer and Sale Agreement must be completed by the purchaser
of any original Work of Art to which the Artist retains the rights stated herein,
including all rights of reproduction.

The purchaser should print out two (2) copies of this Agreement for each original Work,
fill in his name, address, and signature in all places designated for the purchaser only*,
then mail both copies to:
Windsor-Smith Studio, P.O. Box 1195, Kingston, NY 12402 USA,
or fax all pages of the Agreement to: (845) 339-9393

If the Purchaser is unable to print out copies of this Agreement from this web site,
Windsor-Smith Studio will mail or fax paper copies to him on request.
*If the purchaser also wishes to fill in the fields for Title, Dimensions, Medium,
Year and Value of the Work, these can be supplied by Windsor-Smith Studio.

Upon receipt of the signed Agreements from the purchaser, Windsor-Smith Studio will
fill in the Artist's information and signatures, and return the purchaser's copy
to him with the original art. The original art cannot be shipped to the purchaser
until Windsor-Smith Studio has received the signed Agreements.


Agreement of Original Transfer of Work of Art

Artist ___________________________Address:_____________________________________________

Purchaser: ______________________Address:_____________________________________________

WHEREAS Artist has created a certain Work of Art (hereinafter, "the Work"):



WHEREAS the parties want the Artist to have certain rights in the future economics and integrity of the Work. The parties mutually agree as follows:

  1. SALE: Artist or Owner hereby sells or transfers the Work to Purchaser at the agreed value of $___________________.
  2. RETRANSFER: If Purchaser in any way whatsoever sells, gives, or trades the Work, if it is inherited from Purchaser, or if a third party pays compensation for its destruction, Purchaser (or the representative of his estate) must within thirty (30) days:
    1. Pay Artist fifteen (15) % of the "gross art profit," if any, on the transfer; and
    2. Get the new owner to ratify this contract by signing a properly filled-out "Transfer Agreement and Record" (TAR); and
    3. Deliver the signed TAR to the Artist;
    4. "Gross art profit" for this contract means only: "Agreed value" on a TAR less the "agreed value" on the last prior TAR, or (if there hasn't been a prior resale) less the agreed value in Paragraph I of this contract.
    5. e. "Agreed value" to be filled in on each TAR shall be the actual sale price if the Work is sold for money or the fair market value at the time, if transferred any other way.
  3. NONDELIVERY: If the TAR isn't delivered in thirty (30) days, Artist may compute "gross art profit" and Artist's fifteen (15) % as if it had, using the fair market value at the time of the transfer or at the time Artist discovers the transfer.
  4. NOTICE OF EXHIBITION: Before committing the Work to a show, Purchaser must give Artist notice of intent to do so, telling the Artist all the details of the show that Purchaser then knows.
  5. PROVENANCE: Upon request, Artist will furnish Purchaser and his successors a written history and provenance of the Work, based on TAR's and Artist's best information as to shows.
  6. ARTIST'S EXHIBITION: Artist may show the Work for up to sixty (60) days once every five (5) years at a nonprofit institution at no expense to Purchaser, upon written notice no later than one hundred twenty (120) days before opening and upon satisfactory proof of insurance and prepaid transportation.
  7. ARTIST'S ACCESS: Artist may have access to photograph the Work at no expense to Purchaser and upon reasonable notice to Purchaser.
  8. NON DESTRUCTION: Purchaser will not permit any intentional destruction, damage, or modification of the Work.
  9. RESTORATION: If the Work is damaged, Purchaser will consult Artist before any restoration and must give Artist first opportunity to restore it, if practicable.
  10. RENTS: If the Work is rented, Purchaser must pay Artist fifty (50) % of the rents within thirty (30) days of receipt.
  11. COPYRIGHT & REPRODUCTION: Artist retains copyright for and reserves all rights to reproduce the Work.
  12. NOTICE: A Notice, in the form below, must be permanently affixed to the Work, warning that ownership, etc., is subject to this contract. If, however, a document represents the Work or is part of the Work, the Notice must instead be a permanent part of that document.
  13. TRANSFEREES BOUND: If anyone becomes the owner of the Work with notice of this contract, that person shall be bound to all its terms as if he had signed a TAR when he acquired the Work.
  14. EXPIRATION: This contract binds the parties, their heirs, and all their successors in interest, and all Purchaser's obligations are attached to the Work and go with ownership of the Work, all for the life of the Artist and Artist's surviving spouse plus twenty-one (21) years, except the obligations of Paragraphs 4, 6, 7, and 9 shall last only for Artist's lifetime.
  15. ATTORNEY'S FEES: If any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees in addition to any available remedy.
  16. MORAL RIGHT: The Purchaser will not permit any use of the Artist's name or misuse of the work which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Work.
  17. ADDRESS NOTICE: All notices to the Artist shall be delivered to:
    WINDSOR-SMITH STUDIO, P.O. Box 1195, Kingston, NY 12402 USA.
    and notices to
    the Purchaser to:____________________________________________________
    Either party shall notify the other party in case of change of address prior to such change.


    ARTIST'S SIGNATURE:__________________________________________.

    PURCHASER'S SIGNATURE:______________________________________.




    Title:______________________________________ Dimensions:_____________________________

    Media:_______________________________________________________ Year:________________

    Ownership of the above Work of Art has been transferred between the undersigned persons, and the
    new owner hereby expressly ratifies, assumes, and agrees to be bound by the terms of the Contract
    dated _______________________ Between:


    Agreed value (as defined in said contract) at the time of this transfer: $__________________Dollars.

    Previous owner:___________________Address:___________________________________________

    New owner:____________________ Address:_____________________________________________

    Date of this transfer:_______/_______/_______




    Ownership, transfer, exhibition, and reproduction of this Work of Art are subject to a certain Contract dated_______________, between:




    Artist has a copy.


    cut out, affix to work

    Ownership, transfer, exhibition, and reproduction of this Work of Art are subject to a certain Contract dated_______________, between:




    Artist has a copy.