Elise Huther 2019If you’ve never commissioned art before, you might be surprised to realize that, traditionally, it involves both artist and client to sign a contract (either physically or digitally). This can seem a little intimidating initially, but don’t let it scare you off! It’s common practice, and simply there to protect both parties against worst-case scenarios.
In this post, I’ll show you two different sample contracts, purely for informations’ sake! The first is short and basic; the second is longer, with more legalese. Both include standard commission contract clauses.
My contract is similar to the short one, and requires a digital signature. The specifics of it will vary from commission to commission, but by taking a look at this post you can have an idea of what to expect!
Short Contract:
“Commission Contract
This agreement specifies that the Purchaser (Name) admires the work of the Artist (Name) and wishes to commission the Artist to create a work of art in the Artist’s own unique style.
PAYMENT
The Purchaser agrees to pay:
–$__ booking fee.
–50% of total upon 50% of the work’s completion.
–100% of total upon completion of the work.
–Cost of shipping artwork to the Purchaser.
All payments are non-refundable except in extenuating circumstances (see final paragraph).
TIMING
The Artist agrees to provide the Purchaser with preliminary designs within two weeks of receiving payment of the booking fee.
The Purchaser agrees to make any requests for significant design changes within two weeks of receiving preliminary designs.
The Artist agrees to complete 50% of the artwork within ___ days of receiving the Purchaser’s approval of preliminary designs, and 100% of the artwork within ___ days of receiving payment for 50% of the artwork’s completion.
The Artist agrees to ship the artwork within ___ days of receiving full payment for the artwork and shipping costs.
The Artist reserves the right to reasonably extend artwork deadlines in the event of delays caused by illness or emergencies.
COMPLETION OF ARTWORK
Completion of the artwork is to be determined by the Artist, who shall use the Artist’s personal creative judgment to deviate from the preliminary designs as the Artist in good faith believes is necessary to create the artwork.
COPYRIGHT
Artist reserves all rights of reproduction and copyrights in the artwork, the preliminary design, and any incidental works made in the creation of the final artwork. Copyright notice in the name of the Artist shall appear on the artwork, and the Artist shall also receive authorship credit in connection with the artwork or any reproductions of the artwork.
TERMINATION
The Artist shall have the right to terminate this Agreement if the Purchaser fails to make a payment within sixty days of the completed phase of the artwork.
The Purchaser shall have the right to terminate this Agreement if the Artist fails without cause to complete the artwork within ninety days of the aforementioned completion date. In the event of such a termination by the Purchaser, the Artist agrees to refund all payments.”
Now, the long-form contract. Don’t feel obligated to read through this entire thing (though if you’re interested, by all means do so!). I’m including both of these just to give you a reasonable variety of examples of standard art commission contracts.
“Contract to Commission an Artwork
AGREEMENT made as of the ______ day of _________, 20 _____, ______________ (hereinafter referred to as the “Artist”), and ______________________ (hereinafter referred to as the “Purchaser”), located at _________________________________.
WHEREAS, the Artist is a recognized professional artist; and
WHEREAS, the Purchaser admires the work of the Artist and wishes to commission the Artist to create a work of art (“the Work”) in the Artist’s own unique style; and
WHEREAS, the parties wish to have the creation of this work of art governed by the mutual obligations, covenants, and conditions herein;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
- Preliminary Design. The Artist hereby agrees to create the preliminary design for the Work in the form of studies, sketches, or drawings described as follows: ________________________________ in return for which the Purchaser agrees to pay a fee of $_________ upon the signing of this Agreement. The Artist agrees to develop the preliminary design according to the following description of the Work as interpreted by the Artist:
Title__________________________________ Medium_____________________________________
Size__________________________________ Price________________________________________
Description__________________________________________________________________________
____________________________________________________________________________________
The Artist shall deliver the preliminary design to the Purchaser within _______ days of the date hereof. The Purchaser may, within two weeks of receipt of the preliminary design, demand changes, and the Artist shall make such changes for a fee of ________ per hour; provided, however, that the Artist shall not be obligated to work more than _________ hours making changes.
- Progress Payments. Upon the Purchaser’s giving written approval of the preliminary design, the Artist agrees to proceed with construction of the Work, and the Purchaser agrees to pay the price of $______________ for the Work as follows:________% upon the giving of written approval of the preliminary design, _________% upon the completion of ________% of the construction of the Work, and ________% upon the completion of the Work. The Purchaser shall also promptly pay the following expenses to be incurred by the Artist in the course of creating the Work: ________________________________________________________________________________________. The Purchaser shall pay the applicable sales tax, if any, with the final progress payment. Completion of the Work is to be determined by the Artist, who shall use the Artist’s professional judgment to deviate from the preliminary design as the Artist in good faith believes necessary to create the Work. If, upon the Artist presenting the Purchaser with written notice of any payment being due, the Purchaser fails to make said payment within two weeks of receipt of notice, interest at the rate of _____% shall accrue upon the balance due. The Purchaser shall have a right to inspect the Work in progress upon reasonable notice to the Artist.
- Date of Delivery. The Artist agrees to complete the Work within _______ days of receiving the Purchaser’s written approval of the preliminary design. This completion date shall be extended for such period of time as the Artist may be disabled by illness preventing progress of the Work. The completion date shall also be extended in the event of delays caused by events beyond the control of the Artist, including but not limited to fire, theft, strikes, shortages of materials, and acts of God. Time shall not be considered of the essence with respect to the completion of the Work.
- Risk of Loss; Shipping. The Artist agrees to bear the risk of fire, theft, or any other risk of loss until delivery to the Purchaser. In the event of loss caused by fire or theft, the Artist shall recommence the making of the Work. Upon completion of the Work, it shall be shipped at the expense of Purchaser to the following address specified by the Purchaser:_________________________________________.
- Termination. This Agreement may be terminated on the following conditions:
(A) If the Purchaser does not approve the preliminary design pursuant to Paragraph 1, the Artist shall keep all payments made and this Agreement shall terminate.
(B) The Purchaser may, upon payment of any progress payment due pursuant to Paragraph 2 or upon payment of an amount agreed in writing by the Artist to represent the pro rata portion of the price in relation to the degree of completion of Work, terminate this Agreement. The Artist hereby agrees to give promptly a good faith estimate of the degree of completion of the Work if requested by the Purchaser to do so.
(C) The Artist shall have the right to terminate this Agreement in the event the Purchaser is more than sixty days late in making any payment due pursuant to Paragraph 2, provided, however, nothing herein shall prevent the Artist bringing suit based on the Purchaser’s breach of contract.
(D) The Purchaser shall have the right to terminate this Agreement if the Artist fails without cause to complete the Work within ninety days of the completion date in Paragraph 3. In the event of termination pursuant to this subparagraph, the Artist shall return to the Purchaser all payments made pursuant to Paragraph 2, but shall not be liable for any additional expenses, damages, or claims of any kind based on the failure to complete the Work.
(E) The Purchaser shall have a right to terminate this Agreement if, pursuant to Paragraph 3, the illness of the Artist causes a delay of more than six months in the completion date or if events beyond the Artist’s control cause a delay of more than one year in the completion date, provided, however, that the Artist shall retain all payments made pursuant to Paragraphs 1 and 2.
(F) This Agreement shall automatically terminate on the death of the Artist, provided, however, that the Artist’s estate shall retain all payments made pursuant to Paragraphs 1 and 2.
(G) The exercise of a right of termination under this Paragraph shall be written and set forth the grounds for termination.
- Ownership. Title to the Work shall remain in the Artist until the Artist is paid in full. In the event of termination of this Agreement pursuant to Subparagraphs (A), (B), (C), or (D) of Paragraph 5, the Artist shall retain all rights of ownership in the Work and shall have the right to complete, exhibit, and sell the Work if the Artist so chooses. In the event of termination of this Agreement pursuant to Paragraph 5 (E) or (F), the Purchaser shall own the Work in whatever degree of completion and shall have the right to complete, exhibit, and sell the Work if the Purchaser so chooses. Notwithstanding anything to the contrary herein, the Artist shall retain all rights of ownership and have returned to the Artist the preliminary design, all incidental works made in the creation of the Work, and all copies and reproductions thereof and of the Work itself, provided, however, that in the event of termination pursuant to Paragraph 5 (E) or (F) the Purchaser shall have a right to keep copies of the preliminary design for the sole purpose of completing the Work.
- Copyright. The Artist reserves all rights of reproduction and all copyrights in the Work, the preliminary design, and any incidental works made in the creation of the Work. Copyright notice in the name of the Artist shall appear on the Work, and the Artist shall also receive authorship credit in connection with the Work or any reproductions of the Work.
- 0 Privacy. The Purchaser gives to the Artist permission to use the Purchaser’s name, picture, portrait, and photograph, in all forms and media and in all manners, including but not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Purchaser’s rights of privacy or any other personal or proprietary rights the Purchaser may possess in connection with reproduction and sale of the Work, the preliminary design, or any incidental works made in the creation of the Work.
- Nonassignability. Neither party hereto shall have the right to assign this Agreement without the prior written consent of the other party. The Artist shall, however, retain the right to assign monies due to the Artist under the terms of this Agreement.
- Heirs and Assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives, and references to the Artist and the Purchaser shall include their heirs, successors, assigns, and personal representatives.
- Integration. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties.
- Waivers. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
- Notices and Changes of Address. All notices shall be sent to the Artist at the following address:
____________________________________
and to the Purchaser at the following address:
_________________________________________.
Each party shall give written notification of any change of address prior to the date of said change.
- Governing Law. This Agreement shall be governed by the laws of the State of Kansas.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above.
Artist________________________________________
Purchaser____________________________________”
