*The sample contract below will work as a basic commission agreement. More elaborate agreements may contain terms such as what happens if the artist becomes ill, or if there are shipping specifications and installation instructions. You may also want to spell out whether you have the right to use the commission and the name of the purchaser in your resume. (Adapted from sample contract from THE ARTIST’S MAGAZINE)
ARTIST ______________________ and CLIENT __ _____________________ hereby agree to the following terms relating to the commission of Artwork
1. PRICE Client shall pay Artist a fee of ___________ for completion of Artwork along with Artist’s actual expenses which are estimated below. Actual expenses will be determined at the time of completion of the Artwork.
2. RIGHTS Artist and Client agree that Artwork is a work made for hire. Artist therefore transfers all rights, title and interest in the work, worldwide, to Client. Or Artist negotiates to retain the rights.
3. DELIVERY Artist shall deliver a preliminary design to client within _________ days from the date of this agreement. The artwork shall be delivered to client by _____, 20__.
4. PAYMENT Client shall pay artist a deposit of __% of the total estimated cost of the Artwork as set forth in Paragraph 1, above at the date of signing of this agreement. Client will pay an additional ___% of the total estimated cost of the Artwork upon deliver by the Artist of the preliminary design. Client will pay the actual cost minus the amount of the previous payments within 30 days of delivery of the Artwork.
5. ESTIMATES The estimated expenses shown in paragraph 1, above are minimum estimates. Actual expenses may be up to 10% higher than estimates without Client’s approval. Any expenses more than 10% over estimates must be preapproved by Client. Actual expenses will be shown on final invoice delivered with the Artwork.
6. CHANGES Client shall be responsible for making additional payments for any changes to the Artwork requested by Client after the date of this agreement.
7. CANCELLATION In the event of cancellation of the commission assignment by /client, ownership of all rights, title and interest to the artwork shall remain with Artist. Further, Artist shall retain all deposits paid by Client at the time of cancellation.
8. MODIFICATION Any modification of this agreement shall be made in writing and shall be signed by Artist and Client.
9. INSURANCE Artist shall insure the artwork and bear the risk of loss of the artwork until the time it is delivered to Client.
ARTIST AND CLIENT acknowledge their understand and acceptance of the above terms by signing below;
|__________________ Dated _________
||__________________ Dated _________