CONTRACT TO COMMISSION AN ARTWORK

DISCLAIMER: This contract is written as a checklist and guide only. You should in no way use this contract in its current state as a binding agreement between you and any individual, corporation, gallery or venue. When entering into an agreement with any institution for short or long-term work a lawyer or attorney skilled in legal practices pertaining to the arts should first review any contracts signed. You can use this contract as a starting point for drafting an agreement for a commission, but do not rely on this contract in its present form and do not sign it until you have had legal counsel look at it and suggest alterations or changes.

• Date of the Agreement (include day, month and year):

• This agreement is between ________ (the Artist) and ____________ (the Purchaser)

• AGREEMENT made as of the ____day of _________, 20____, between ________________________________(hereinafter referred to as the “Artist”), located at _____________________(the city and state, the country if necessary), and ________________________________ (hereinafter referred to as the “Purchaser”), located at ________________________________ (the city and state, the country if necessary) with respect to the commissioning of an artwork (hereinafter referred to as the “Work”).

Information About the Preliminary Design:
•  The Artist agrees to create a preliminary design in the form of _________________________(studies, sketches, model, drawings etc.)

Further description of design aspects:
Date the preliminary design is to be delivered to the Purchaser:

• The Purchaser’s written approval of the preliminary design:

• The Purchaser will pay the Artist $______ upon the signing of this agreement.

Initialed by __________________________ The Artist and _______________ Purchaser.

DESCRIPTON FO THE PROJECT TO BE UNDERTAKEN

Title:
Medium:
Size:
Price:
Work Performed in the creation of the work:
Additional information about the project:

Purchaser has ____________ (days, weeks, months, years, etc.) to request any changes to work in the ____________ (design, first, second, final stages).

Changes must be submitted in  ________ (mail, email, in-person, etc.) form.

Artist will charge _________ (hourly change rate) on top of regular costs, for executing these changes.

In the event that The Artist falls ill, or has a disability preventing the progress of the completion of The Work, the project can be extended for a maximum of ____________.

Should there be any delays that are beyond the control of the Artist the project may be extended for a maximum of ___________________ .

Initialed by __________________________ The Artist and _______________ Purchaser.

PAYMENTS

• The initial date of payment to the Artist upon beginning the Work:

• Payments scheduled during the construction of the Work:

• Final payment is due:

• Any additional expenses to be incurred by the Purchaser (gas, travel, etc.):

• Applicable sales tax to be paid by The Purchaser:

• Agreement as to the completion of the Work:  Describe, in detail what the completion of the work entails.

When work is complete The Artist will send the Purchaser a written notice of the completed project and the amount due.

Initialed by __________________________ The Artist and _______________ Purchaser.

DELIVERY OF WORK, INSURANCE, SHIPPING AND INSTALLATION

• Date of Delivery of Work (if applicable):

• Who is responsible for insurance,  liability, shipping and installation?:

• At the completion of the Work, the Work will be shipped via (name carrier):

• Work will be shipped to (include the address of the delivery):

• Work will be installed in the following manner:

Initialed by __________________________ The Artist and _______________ Purchaser.

TERMINATION OF THE WORK

• If the Purchaser does not approve of the preliminary design, the artist shall keep all payments made and the agreement shall terminate.

• The Artist may terminate this agreement in the event the Purchaser is more than sixty days late in payment; however nothing herein shall prevent the Artist bringing suit based on the Purchaser’s breach of contract.

• The Purchaser may terminate this agreement if the Artist fails without cause to complete the Work within ninety days of the completion date stated herein.  In the event of termination, the Artist agrees to return to the Purchaser all payments made to the Artist, but shall not be liable for any additional expenses, damages or claims.

• The Purchaser may terminate this agreement in the event the illness of the Artist causes a delay of more than six months or if events beyond the Artist’s control cause a delay of more than one year of the completion date provided.  The Artist shall retain all payments made pursuant to the above.

• This agreement shall automatically terminate on the death of the Artist. The Artist’s estate shall retain all payments made pursuant to the above.

• Termination of any agreement will be made in writing.

Initialed by __________________________ The Artist and _______________ Purchaser.

OWNERSHIP, COPYRIGHT, PRIVACY

• Title of the Work remains with the Artist until the Artist is paid in full.

• If the Artist terminates this contract, the rights to the Work remain with the Artist, and the Work can be sold to another customer.  The Purchaser shall return all drawings and rights to the Artist.

• If the Work is terminated by the Purchaser in the event of illness or events beyond the control of the Artist or Purchaser, 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.  The Purchaser has the right to keep the preliminary drawings in order to complete the project.

• The Artist reserves all right of reproduction and all copyrights to the Work, the preliminary design, and any incidental work made in the creation of the Work. The Artist shall receive authorship credit in the event of any reproductions of the Work.

• The Purchaser gives to the Artist permission to use the Purchaser’s name, picture, portrait and photograph, including but not limited to exhibition, display, advertising, trade and editorial uses, without violation of the Purchaser’s right of privacy.

• The Artist shall have the right to access of the Work for ___________ period of time, for exhibition or other event, at no cost to the Purchaser.  The Artist will notify the Purchaser ___________ before the work is needed for exhibition or event.
Stipulations as to the agreement for future exhibition and access:

Initialed by __________________________ The Artist and _______________ Purchaser.

MAINTENANCE, REPAIRS

• Who is responsible for the maintenance of the project:
Details of the maintenance agreement:

• Any and all repairs during the lifetime of the Artist shall have the Artist’s approval.  The Artist will be given the opportunity to make the repairs and restorations at a reasonable fee agreed upon between The Purchaser and The Artist.

Initialed by __________________________ The Artist and _______________ Purchaser.

ALTERATION, DESTRUCTION

• The Purchaser agrees not to intentionally destroy, alter, modify or change the Work in any way.

• If any alteration occurs after receipt by the Purchaser, the Work shall no longer be represented as the work of the Artist without the artist’s written consent.

Initialed by __________________________ The Artist and _______________ Purchaser.

HEIRS AND NON- ASSIGNABILITY

• This agreement is binding to all heirs, successors, assigns and personal representatives, and the agreement covers these heirs, successors, assigns and personal representatives.

• Neither party has the right to assign this agreement without prior written consent of the other party.

Initialed by __________________________ The Artist and _______________ Purchaser.

ALTERATIONS, WAIVERS, NOTICES, AND CHANGE OF ADDRESS

• Any alterations to this agreement shall be made in writing.

•  Include any waivers in writing as part of this contract:

• The Purchaser shall notify the Artist of any changes to the address of the Purchaser or change in the location of the artwork. The Artist shall also notify the Purchaser of any changes of address.

Signatures:

Signed by __________________________ (The Artist)
On _______________________ (date)           

and __________________________ (Purchaser)
On _______________________ (date)           

 

• Both parties shall sign and date the contract