Rules of Live Auction Sale
The Night of Artists Live Auction Sale will feature select works submitted by premier Western artists. The sale will commence immediately following dinner on Friday, March 28, 2025.
Please read all terms and conditions before bidding. By participating in the Night of Artists Live Auction Sale, you are agreeing to the following terms and conditions. The Briscoe Western Art Museum may amend these terms and conditions by posted or oral announcements during the exhibition and sale. The following applies to all such artworks offered in the Live Auction Sale on Friday, March 28, 2025.
Buyer’s Premium and Credit Card Fees
The purchase price will be the hammer price plus a PREMIUM OF FIFTEEN PERCENT (15%) on any individual lot. The museum calculates the buyer’s premium separately for each lot.
RULES OF SALE
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Bidding on any lot in the Live Auction Sale indicates the bidder’s acceptance of these terms and all other terms at the time of sale, whether bidding in person, absentee, or by telephone.
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The Briscoe reserves the right to purchase any artwork in the sale for the museum’s permanent collection.
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The Briscoe is an agent for the owners of the artworks. The museum assumes no risk, liability, or responsibility for the authenticity, or the authorship of any artwork included in the exhibition, sale, and catalog. Neither the Briscoe, nor the auctioneer, nor the artists make any representations whatsoever that the purchasers of an artwork will acquire any reproduction rights thereto.
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The Briscoe will sell all artwork “as is, where is,” and neither the museum nor the participating artists may make any express or implied warranties or representations with respect to the properties or the correctness of the advertisements, catalogs, or any other media used to announce this sale or any other description of the physical condition, quality, importance, or size of the artwork offered.
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All sales are final, and there will be no exchanges or refunds on artworks. The buyer assumes full risk and responsibility for the lot and will immediately pay the full purchase price unless museum management approves prior arrangements. In addition, management requires that the buyer sign a sales agreement.
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The Briscoe reserves the right to postpone the Live Auction Sale or to withdraw any artwork before the sale. The museum will have no liability whatsoever for such postponement or withdrawal.
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The Briscoe may offer some items with an unspecified “reserve,” which is the minimum price, below which the lot will not be sold. In no event will the reserve exceed the low estimate published in the catalog and elsewhere.
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The Briscoe reserves the right to reject a bid in the event of any dispute between bidders or in the event of doubt as to the validity of any bid. The auctioneer will have final discretion to determine the successful bidder, cancel the sale, or reopen and resell the artwork in dispute. If any dispute arises after the sale, the museum’s sales record will be the final and conclusive record of the sale.
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Unless announced otherwise by the auctioneer, all bids are per lot as numbered in the catalog. Successful bidders will pay for their purchases immediately following the auction. Art purchasers may make payment by cash, check, cashier’s check, debit card or credit card.
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Upon acknowledgment of the winning bidder by the auctioneer, the title to the artwork will pass to the bidder. The sale is complete when the auctioneer announces the sale by the fall of the hammer or other customary manner. The auctioneer retains all authority and discretion allowed by law.
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If the purchaser does not comply with these conditions, the museum may, in addition to other remedies available by law, including without limitation the right to hold the property, (a) cancel the sale and retain as liquidated damages any and all payments made by the purchaser, or (b) resell the property privately or at public auction on three days’ notice to the purchaser for payment of any deficiency in the purchase price and all costs, including handling charges, warehousing, expenses of the sale, commissions, reasonable attorney’s fees, any and all other charges due, and incidental damages.
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If fire, theft, or any other reason whatsoever prevents the Briscoe from delivering any artwork to the purchaser, the museum’s liability will be limited to the sum actually paid by the purchaser.
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These conditions of sale and any other applicable conditions, as well as the purchaser’s and Briscoe Museum’s rights and obligations herein, will be governed by, construed, and enforced in accordance with the laws of the State of Texas.
Bidding Increments
As a convenience to our clients, the museum furnishes presale range estimates for all artwork included in the Live Auction Sale. Bidders should consider these estimates approximate valuations only based on comparable auction values and recent sales, not as prices.
Under $2,000
$2,000–$5,000
$5,000–$10,000
$10,000–$20,000
$20,000–$50,000
$50,000–$100,000
Over $100,000
$100
$250
$500
$1,000
$2,500
$5,000
$10,000
Collectors Concierge
The Briscoe Western Art Museum continuously looks for ways to improve and ensure your purchasing experience at the Night of Artists Live Auction meets and exceeds your expectations. Our Collectors Concierge, Elizabeth Paul, is available to provide collectors and art purchasers personalized service throughout the exhibition and sale. For more information on absentee and telephone bidding to art purchasing, payments, shipping, and delivery of your artwork, contact the Collectors Concierge at:
(210) 507-4863 (voice)
collectorsconcierge@briscoemuseum.org
Absentee and phone bidding Services
Please see the Absentee and Telephone Bid Form for additional rules of sale and instructions.
Payment and Delivery
- The purchase price will be the hammer price plus a PREMIUM OF FIFTEEN PERCENT (15%) on any individual lot. The museum calculates the buyer’s premium separately for each lot.
- Payment for all sold artwork is due in its entirety on the night of the event unless prior arrangements have been approved by museum management. Checks are preferred and are to be made payable to the Briscoe Western Art Museum. Visa, MasterCard, American Express, and Discover are also accepted. Credit card purchases are subject to a 3% service charge. The museum will also add state and local sales taxes to the purchase price when applicable. The museum will honor tax exemptions when verified. Art purchasers must present proof of exemption at the time of payment.
- ALL ARTWORK WILL REMAIN ON EXHIBIT THROUGH MAY 11, 2025. The museum will contact the buyer within two weeks of the purchase date to outline pickup and shipping options. The art purchaser is responsible for all shipping costs and arrangements. The museum will pack all artworks free of charge.
Packing and Shipping
All artwork will remain on display until after the end of the exhibition on May 11, 2025. Art purchasers receive a Shipping Agreement along with their receipts for successful sales. Please fill out those forms and return them to the museum. The Briscoe Museum provides packing free of charge. The museum strives to contact each art purchaser within two weeks of your purchase date to confirm pickup and shipping options. If you do not hear from the museum within that period, please reach out to arrange for the pickup or shipping of your artwork(s).
For Pick Up:
- Artwork pick will run from May 23, 2025, to June 23, 2025, on Tuesdays-Wednesdays from 10:00 AM to 4:00 PM for purchasers who submit the Shipping Agreement Form with complete payment details.
- A Valid ID is required for all in-person pickups. Alternatively, purchasers can schedule a pickup appointment as needed.
For Shipping:
- Artwork shipping will begin on May 26, 2025, for purchasers who also submit the Shipping Agreement Form with complete payment details. The Museum includes individual works into the shipping schedule upon receipt of completed shipping instructions. Failure to submit these instructions may lead to delays in receiving your artwork.
- Prior to the Shipping, the Collectors Concierge will reach out to purchasers regarding their artworks and the status.
- The payment information provided on the Shipping Agreement Form will be charged for the estimated shipping cost based on the selected shipping method before the artwork is sent out.
- It is important to confirm insurance coverage for the artwork in transit with your chosen shipping company. The Briscoe Museum DOES NOT insure the shipment of any purchased artwork through Night of Artists. The Museum is not responsible for damages incurred during the transit of the artwork.
- Shipping of sculpture Editions will be coordinated directly between the artist and buyer. Please allow 12-16 weeks for editions to be ready for release. The museum’s Collectors Concierge is available to assist with coordinating the release of artwork as needed.
Email is the preferred form of correspondence for shipping arrangements. Please send email correspondence to Collectors Concierge, Elizabeth Paul at collectorsconcierge@briscoemuseum.org.
Rules of Luck of the Draw Sale
The Night of Artists Small Works Luck of the Draw Sale occurs on Friday, March 28, 2025. The Night of Artists Luck of the Draw Sale occurs Saturday, March 29, 2025.
Please read all terms and conditions before bidding. By participating in the Luck of the Draw Sale, you are agreeing to the following terms and conditions. The Briscoe Western Art Museum may amend these terms and conditions by posted or oral announcements during the exhibition and sale. The following applies to all such artworks offered in the Small Works Luck of the Draw Sale on Friday, March 28, 2025, and the Luck of the Draw on Saturday, March 29, 2025.
To purchase a particular work of art at the set fixed price, bidders must fill out the numbered ballot slip and place it in the corresponding ballot box next to the work of art.
SCHEDULE – SMALL WORKS “LUCK OF THE DRAW” – FRIDAY, MARCH 28, 2025
- 6:30 PM – Balloting stops. Two names are drawn and written on the ballot box. The first name drawn has fifteen (15) minutes to confirm IN PERSON their intent to purchase and to sign the Sales Agreement, which is a binding contract. If an absentee or green guarantee to purchase slip is drawn, the bidder guarantees the purchase. Once the museum confirms a sale, the artwork will be marked as SOLD.
- 6:45 PM – If the first name drawn does not claim the artwork, the second name drawn has 15 minutes to confirm IN PERSON and sign the Sales Agreement. If an absentee or green guarantee to purchase slip is drawn, the bidder guarantees the purchase.
- 7:00 PM – All unsold artwork is available for purchase on a first-come, first-served basis. All unsold artworks remain for sale and on display until the end of the exhibition on May 11, 2025.
- Sculpture Editions. For sculptures with multiple editions that are available for purchase, the museum will confirm and record sales in the order of the names drawn until the edition sells out. The first confirmed art purchaser will receive the artwork from the exhibition. Additional confirmed purchasers will receive their editions directly from the artists within approximately eight weeks after the close of the exhibition on May 11.
- Successful bidder must complete payment and take possession of their purchased items by the end of the event. Failure to do so may result in forfeiture of the artwork and the item being made available for purchase by other interested parties.
- The Briscoe Western Art Museum reserves the right to charge storage or handling fees for any items not collected as required and assumes no responsibility for safeguarding uncollected works beyond the event’s conclusion.
GUARANTEE TO PURCHASE SLIPS (GREEN)
Alternatively, bidders can use the green “Guarantee to Purchase” ballot slips if they wish to bypass the above procedure of claiming artworks. Guarantee to Purchase slips that are drawn constitute an automatic sale and agreement that the bidder guarantees their intent and financial capability to complete the purchase at the fixed price.
SCHEDULE – “LUCK OF THE DRAW” – SATURDAY, MARCH 29, 2025
- 7:00 PM – Balloting stops. Two names are drawn and written on the ballot box. The first name drawn has twenty-five (25) minutes to confirm IN PERSON their intent to purchase and to sign the Sales Agreement, which is a binding contract. If an absentee slip is drawn, the absentee or guarantee to purchase bidder guarantees the purchase. Once the museum confirms a sale, the artwork will be marked as SOLD.
- 7:25 PM – If the first name drawn does not claim the artwork, the second name drawn has 15 minutes to confirm IN PERSON and sign the Sales Agreement. If an absentee slip is drawn, the absentee or guarantee to purchase bidder guarantees the purchase.
- 7:45 PM – All unsold artwork is available for purchase on a first-come, first-served basis. All unsold artworks remain for sale and on display until the end of the exhibition on May 11, 2025.
- Successful bidder must complete payment by the end of the event. Failure to do so may result in forfeiture of the artwork and the item being made available for purchase by other interested parties.
- The Briscoe Western Art Museum reserves the right to charge storage or handling fees for any items not collected as required and assumes no responsibility for safeguarding uncollected works beyond the event’s conclusion.
- Sculpture Editions. For sculptures with multiple editions that are available for purchase, the museum will confirm and record sales in the order of the names drawn until the edition sells out. The first confirmed art purchaser will receive the artwork from the exhibition. Additional confirmed purchasers will receive their editions directly from the artists within approximately 12 – 16 weeks after the close of the exhibition on May 11.
GUARANTEE TO PURCHASE SLIPS (GREEN)
Alternatively, bidders can use the green “Guarantee to Purchase” ballot slips if they wish to bypass the above procedure of claiming artworks. Guarantee to Purchase slips that are drawn constitute an automatic sale and agreement that the bidder guarantees their intent and financial capability to complete the purchase at the fixed price.
RULES OF SALE
- Bidding on any artwork in the Luck of the Draw Sale indicates the bidder’s acceptance of these terms and all other terms at the time of sale, whether bidding in person or absentee.
- The museum also reserves the right to purchase for its permanent collection any artwork exhibited.
- All Night of Artists ticketholders receive a ballot book that contains unique ballot slips for each work of art in the exhibition. The Briscoe allows ONLY ONE (1) ballot book per ticketholder. Ticketholders have access to the exhibition prior to the sale on Friday, March 28, and Saturday, March 29, 2025, from 10:00 a.m. until 3:00 p.m.
- The Briscoe is an agent for the owners of the artworks. The museum assumes no risk, liability, or responsibility for the authenticity or authorship of any art piece included in the exhibition, sale, and catalog. Neither the museum nor the artists make any representations whatsoever that the purchasers of an artwork will acquire any reproduction rights thereto.
- The Briscoe will sell all artwork “as is, where is,” and neither the museum nor the participating artists may make any express or implied warranties or representations with respect to the properties or the correctness of the advertisement, catalog, or any other media used to announce this sale or any other description of the physical condition, quality, importance, or size of the artwork offered.
- All sales are final and there will be no exchanges or refunds on artworks. The buyer assumes full risk and responsibility for the artwork purchased and will immediately pay the full purchase price, unless museum management approves prior arrangements. In addition, management requires that the buyer sign a sales agreement.
- The Briscoe reserves the right to postpone the Luck of the Draw Sale or to withdraw any artwork before the sale. The museum will have no liability whatsoever for such postponement or withdrawal.
- If the purchaser does not comply with these conditions, the museum may, in addition to other remedies available by law, including without limitation the right to hold the property, (a) cancel the sale and retain as liquidated damages any and all payments made by the purchaser, or (b) resell the property privately or at public auction on three days’ notice to the purchaser for payment of any deficiency in the purchase price and all costs, including handling charges, warehousing, the expense of both sales, commissions, reasonable attorney’s fees, any and all other charges due, and incidental damages.
- If fire, theft, or any other reason whatsoever prevents the Briscoe from delivering any artwork to the purchaser, the museum’s liability will be limited to the sum actually paid by the purchaser.
- These conditions of sale and any other applicable conditions, as well as the purchaser’s and Briscoe Museum’s rights and obligations herein, will be governed by, construed, and enforced in accordance with the laws of the State of Texas.
Collectors Concierge
The Briscoe Western Art Museum continuously looks for ways to improve and ensure your purchasing experience at the Night of Artists Luck of the Draw sale meets and exceeds your expectations. Our Collector’s Concierge, Elizabeth Paul, is available to provide collectors and art purchasers personalized service throughout the exhibition and sale. For more information on absentee bidding, art purchases, payments, packing, shipping, and delivery of your artwork contact Elizabeth at
(210) 452-0998 (voice)
collectorsconcierge@briscoemuseum.org
Absentee Services
Please see the Absentee and Telephone Bid Form for additional rules of sale and instructions.
Payment and Delivery
- Once museum staff members confirm sales, the art purchasers are required to sign the Sales Agreement and take their copies of that agreement to the nearest Payment Station.
- Payment for all sold artwork is due in its entirety on the night of the event unless prior arrangements have been approved by museum management. Checks are preferred and should be made payable to the Briscoe Western Art Museum. Visa, MasterCard, American Express, and Discover are also accepted. Credit card purchases are subject to a 3% service charge. The museum will also add state and local sales taxes to the purchase price when applicable. The museum will honor tax exemptions when verified. Art purchasers must present proof of exemption at time of payment.
- ALL ARTWORK WILL REMAIN ON DISPLAY FOR THE REMAINDER OF THE EXHIBITION THROUGH MAY 11, 2025. The museum will contact each art purchaser by April 19, 2025, to determine the buyer’s preferences for pickup and/or shipping options. The museum will pack all artworks free of charge. Art purchasers are responsible for all costs associated with shipping and for all shipping arrangements.
- Shipping and payment for shipping will be coordinated directly between the artist and buyer. Please allow at least 12-16 weeks for editions to be ready for release. Briscoe concierge is available to assist with coordinating release of artwork as needed.
Packing and Shipping
All artwork will remain on display until after the end of the exhibition on May 11, 2025. Art purchasers receive a Shipping Agreement along with their receipts for successful sales. Please fill out those forms and return them to the museum. The Briscoe Museum provides packing free of charge. The museum strives to contact each art purchaser within two weeks of your purchase date to confirm pickup and shipping options. If you do not hear from the museum within that period, please reach out to arrange for the pickup or shipping of your artwork(s).
For Pick Up:
- Artwork pick will run from May 23, 2025, to June 23, 2025, on Tuesdays-Wednesdays from 10:00 AM to 4:00 PM for purchasers who submit the Shipping Agreement Form with complete payment details.
- A Valid ID is required for all in-person pickups. Alternatively, purchasers can schedule a pickup appointment as needed.
For Shipping:
- Artwork shipping will begin on May 26, 2025, for purchasers who also submit the Shipping Agreement Form with complete payment details. The Museum includes individual works into the shipping schedule upon receipt of completed shipping instructions. Failure to submit these instructions may lead to delays in receiving your artwork.
- Prior to the Shipping, the Collectors Concierge will reach out to purchasers regarding their artworks and the status.
- The payment information provided on the Shipping Agreement Form will be charged for the estimated shipping cost based on the selected shipping method before the artwork is sent out.
- It is important to confirm insurance coverage for the artwork in transit with your chosen shipping company. The Briscoe Museum DOES NOT insure the shipment of any purchased artwork through Night of Artists. The Museum is not responsible for damages incurred during the transit of the artwork.
- Shipping of sculpture Editions will be coordinated directly between the artist and buyer. Please allow 12-16 weeks for editions to be ready for release. The museum’s Collectors Concierge is available to assist with coordinating the release of artwork as needed.
Email is the preferred form of correspondence for shipping arrangements. Please send email correspondence to Collectors Concierge, Elizabeth Paul at collectorsconcierge@briscoemuseum.org.
Top Art Credit: Thomas Blackshear II, The Blue Bird, Oil on linen, 35 x 22 in. Available for purchase in the 2025 Night of Artists Exhibition and Sale.
Top Art Credit: Shawn Cameron, When the Heavens Roll, Oil on linen, 30 x 40 in. Available for purchase in the 2025 Night of Artists Exhibition and Sale.
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