Artist Commission Agreement

This Artist Commission Agreement is made on the __ day of _________________, 20___, between:

 

Caroline Blackburn (Artist)                                             AND       (Client)

                    

WHEREAS, the Client wishes to commission the Artist to create a work of art (Artwork) in the Artist’s own unique style; and

WHEREAS, both parties wish to have the creation of this artwork 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:

 

1. The Artwork: The Client has commissioned the Artist for the following work of art:

Medium: __________________________   Dimensions: __(H) X __(W)              Price: $___

Description:_______________________________________________________________________________.

 

The Artist will create a work of art based on the description above. The Artist may provide, at the request of the client, up to two preparatory sketches from which to obtain the Client's approval before beginning the commissioned Artwork. These images may be electronically delivered to the Client for approval. All sketches are the property of the Artist.

 

2.  Warranties: Client warrants that any supplied photographs are not subject to any copyrights from any third parties.  Client shall provide a release from any third parties that have a copyright over any of the images provided by the Client.

 

3. Creative Decisions: The Artist will consult with the Client on layout, color palette, and subject/content of her intended design(s) as needed. The Artist will use paints and mediums from her own inventory which are consistent with the agreed color palette. During production, the Artist will make reasonable efforts to inform and consult with the Client regarding major changes she deems necessary in the Artwork’s design and composition. The Artist will make all final decisions regarding the aesthetics of the Artwork.

 

4. Right of Refusal: It is the intent of this contract that the Artist will create artwork for the Client that the Client will purchase. However, if, after the artwork is completed, the Client does not wish to purchase any or all of the artwork, the Client may refuse, on an individual basis, each created artwork. In that case, the Artist will retain the refused artwork and the non-refundable materials fee, free of any claims or interests of the Client and the Client will owe no additional fees to the Artist.

 

5. Copyright: The Artist retains the copyright to all artworks commissioned by the Client, including all reproduction rights and the right to claim statutory copyright. No artwork may be reproduced or altered without the written consent of the Artist.

 

6. Title of Ownership:  Title of ownership in the finished product shall pass from the Artist to the Client upon the

Client's payment of the final installment of the Artists fee for the work.

 

7. Payment Terms: Cost of the Artwork is calculated at $_/linear inch (width + height X $-), using the agreed upon finished dimensions and is consistent with other comparable works by Artist at the time of sale. Cost may include any shipping costs as stated below. Payments are accepted in the form of cash or electronic bank transfer, or through the services provided by PayPal or Venmo. Client will inform the Artist of the chosen method of payment prior to payment.

 

8. Payment Schedule: Payments are required according to the following schedule:

 

a. A non‐refundable materials fee of 50% of the selling price constitutes an agreement on the general design of the Artwork, and is due once the Client and Artist agree on the general composition, color scheme and final dimensions of the artwork. The materials fee must be paid before production of the final artwork begins. ($__)

b. Payment in full: the remaining 50% of the selling price is due on or before pickup or shipping date of the artwork. ($__)

 

9. Delivery: The Artwork will be complete and available for pickup on or before _______________ OR _ weeks following receipt of the non‐refundable materials fee. Unless otherwise stated below, the Client will arrange to pick up the Artwork from the Artist’s studio. Client shall bear the cost and risk of loss or damage if Client desires for the finished product to be shipped through a third party carrier.

 

               Artist agrees to ship the Artwork to the Client at the following address:

Shipping Fee: $__

 

In signing this document, the Artist acknowledges that the Artist will complete the Artwork as specified and have available for pickup or ship the Artwork to the Client by the agreed date.

 

In signing this document, the Client acknowledges that the Client will pay the Fee/Selling price as described above and will take ownership of the Artwork on the date of pickup or shipping.

 

Artist Signature: _______________________________________________________ Date _______________

 

Client Signature: _______________________________________________________ Date _______________