Antique Precision: Leveraging Legal Templates for Artistic Excellence
Understanding the Importance of Client Intake Forms in the Arts
For those of us who make a living in the arts, either as professional artists or skilled tradespeople, it must come as a surprise to some that there are aspects of our job that inherently require order and organization. Take, for example, the business side of an artwork or object placed for auction at a gallery. And while we’re at it, let’s not forget about the antique restoration art form, which, from my limited knowledge, is identical from a workflow perspective to that of the art world, e.g., a sculptor handling acrylic paint has very little in common with someone touching up a small chip an object made of brass, and vice versa.
That said, both lines of work require systems through which one can exchange information between all of the parties (sometimes dozens, if not hundreds) involved. When an auctioneer or art gallery (“the gallery”) receives a package containing a sculpture via a gallery’s online portal (which requires email and credit card information, in addition to packaging material), the gallery must rely on a Client Intake Form, or some other means of collecting information about that sculpture. For instance, if the gallery does not have a system in place where that much information is already collected, it will not be able to perform an inventory inspection of said sculpture. Without any prior intake of information (or an intake form, provided by way of PDF or any other means), the gallery has no way of knowing what material that sculpture consists of, let alone its value.
As the pieces start to fall into place, let’s examine the other side of the equation: the antique restorer. For this example, let’s assume the restorer is a sole proprietor, tending to a variety of different objects ranging from fine art objects to utilitarian implements. Let’s also assume that, every so often, the restorer must provide a receipt to clients for items received – and what does a receipt entail, other than the name of the client who dropped off a box of antique games? That’s right, it requires information about that person and the transaction. And where might this information come from if the restorer is not collecting Client Intake Forms from his/her customers? In short, it won’t – and client data (even though it is for tax purposes mostly) is vital for a sole practitioner who wants to retire.
Not getting too far ahead of ourselves, overall, for both of the above-mentioned examples, Client Intake Forms (which may also go by the names of Client Data Sheets) allow both auction houses and antique restorers to collect and store information about their clients. Moreover, and not to be overlooked, is the fact that Client Intake Forms require the restorer (for example) to seek payment before/when restoring (we’ve all done it) an object, leaving the possibility that the sculpture may end up on Craig’s List.
But wait – there’s more! Legal documents are required (yes, required) for most if not all aspects of a business’s operations, and if you’re dealing in objects that range from the artistic to the utilitarian, today’s society forces us to rely on the law to step in between object and owner. In my previous example, those same laws require the gallery (and its auctioneer) to purchase liability or theft insurance from an insuror, and that isn’t happening unless the restorer has a Lease Agreement, Credit Card Authorization, Late Fees Agreement, Non-Disclosure Agreement, Terms and Conditions, etc. And again, just like that, we’re back to our Client Intake Form, as galleries and auction houses (aside from being required to produce these legal documents) will have the artist (or client) sign off on a form that states the terms and conditions under which the auction house will handle the piece, or even if they want to handle the piece at all.
When, you ask, was the last time an artist or antique restorer collected all of that information from a customer? My guess is that, for most, it’s never happened. But here’s where gallery (or store) efficiency comes into play – and a whole new set of regulations comes into view. Using the same example as above, what happens when your gallery receives a sculpture – but one that is worth a lot of money? Who will ensure that the gallery is liable for that piece, notwithstanding any later claims to the restorer that the sculpture was damaged upon receipt? The answer, of course, is a well-drafted Client Intake Form, which also allows the gallery to collect information from your client – a comprehensive client intake form for law firms way.
So, where does that leave the gallery and old vs. new forms? Well, it leaves your gallery in the position where it will choose old, or go new. While your gallery has certainly weathered the new-art-dealer v. traditional-art-auction-house battle with each passing phase of the 20th century, going forward, it will need to be in line with today’s realities. That is, ensuring that it has an inventory of its entire population of art objects, that it has the lawyers (through its forms) to protect itself from future liability (You know, in case an owner wishes to sue the gallery for the next 10 years.), and that it has a mechanism in place through which it can communicate the value of a piece (not to mention, it’s authentication). To that, I would suggest the taking of a Client Intake Form, which lists all of the above-mentioned items. Some galleries already have the forethought to complete the required work (to include legal drafting) through the use of a template, which allows the gallery to do away with the bureaucracy associated with legal drafting, and replace it with a form that anyone at the gallery can draft (which, by way of its own computer system, information is already collected). Now, it’s just a question of putting it in a downloadable PDF.