Contract for Artist Commission

This Agreement was made between:

 

Commissioner:

*Your name

Of

*Your address

*Your country of residence

*Your email

 

And:

 

Artist:

*My name

Of

*My address

*My country of residence

*My email

 

Whereas:

1. The Commissioner has agreed to commission the Artist to create an original Piece of Art, subject to the following terms.

 

Interpretation:

In this Contract:

 

1. Brief:  the required design and specification of the Commissioner for the Piece
2. Commencement Date:  the date upon which this Contract is completed, agreed upon, and signed by both Parties
3. The Parties:  the parties in this Contract
4. Piece:  the work of art to be created by the Artist in accordance with this Contract as described in the Schedule
5. Design:  the final design for the Piece as provided for in the Brief
6. Schedule:  process by which the Piece is commissioned, created, and delivered by the Artist to the Commissioner

 

1.  Commissions

A.  The Commissioner hereby commissions the Artist to undertake and complete the Piece using reasonable skill, care, and diligence, and in accordance with these Terms and Conditions.

2.  Design and Approval

A.  The Artist will submit the Design to the Commissioner for approval before the Artist proceeds with the production of the Piece.  In the event that it is evident that the Design does not meet the scope and standard of the Brief, the Artist agrees to amend the Design to ensure compliance with the Commissioner.

3. Acceptance and Completion of Piece

A.  The Artist agrees to complete the Piece in accordance with the Brief.

B.  The Artist shall use her aesthetic judgment to create the Piece and to determine when the Piece is completed.

4.  Delivery of Piece

A.  The Piece shall be delivered to the Commissioner in accordance with the Schedule

B.  The cost of transporting the Piece (including packaging, transport, and insurance) which shall be agreed in advance with the Commissioner and shall include transport from the Artist shall be paid by the Commissioner

5.  Warranties

A.  The Artist undertakes to the Commissioner that the Piece will be original and will not infringe the copyright or other rights belonging to any third party.

B.  The Commissioner agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Piece at the request of the Commissioner for which no copyright permission or privacy release was requested.

6. Payment

A.  The Commissioner agree to pay the Artist in accordance with the Schedule

B.  If the Artist incurs any reasonable additional costs or expenses which are caused as a direct result of amendments to the agreed designs or additional requirement requested by the Commissioner, the Commissioner will reimburse these on production by the Artist of evidence of the expenses incurred.

 

Copyright Usage:

A.  The Artist’s rights include:

1.  The Artist retains all-rights regarding the Piece, except those expressly given to the Commissioner upon signing of this Contract.  The rights retained by the Artist include:

1a. All media rights: the Artist is able to accept or deny any request by the Commissioner regarding distribution of the Piece beyond the Purpose that the Piece was originally commissioned

1b. Electronic rights: the Artist is able to accept or deny any request by the Commissioner regarding electronic publishing rights

1c. Moral rights: the Artist retains the right to protect the Piece from modifications that would harm the reputation of the Artist; the right of attribution; the right to control presentation of the Piece to the public; and the right to withdraw or disavow the Piece if it is changed

1d. Ownership: the Artist retains all ownership of the original Piece even if rights of reproduction are transferred

1e. Right to modify: no alterations by the Commissioner are allowed except for resizing and cropping of the Piece; the Artist retains the right to pursue legal action if any other alteration is done to the Piece without prior approval from the Artist

1f. Transferring: the Artist retains the right to restrict any transferring of the signed over rights of this Contract after the Piece has been completed, bought, and delivered to the Commissioner

2.  The Commissioner’s rights include:

2a. The Commissioner holds the right to use the Piece only in accordance with the Schedule

2b. Right to modify: the Commissioner is allowed the right to resize or crop the image, and to add sufficient text to the image that coincides with the Purpose.  Any other alterations must be under the express approval of the Artist

(Rights can be any system of these listed, though this is the preferred list I go by.)

 

Schedule:

1.  Brief Speculation and Approved Design

A.  Purpose for Commission:

*book cover, gift, personal commission, etc.

B. Brief:

1. The image was to be * inches in *dpi.

2. *list of the commissioner’s description

C. Approved Design:

1. *detailed description of design

2.  Delivery

A.  Process

1.  The Piece is to be sent to the Commissioner upon completion of the following circumstance:

1a. The Artist is paid in full.  The agreed upon payment was to be $* USD.

1b. The Contract has been signed by both the Commissioner and the Artist, sent by the Commissioner to the Artist through the appropriate postal services, and retrieved in proper condition by the Artist, who is able to use suitable judgment to determine whether the Contract has been tampered or maligned in any way.  If the Contract is not found to be in correct condition, the Contract is void and the commission immediately halted.

1c. The Piece is completed to the Artist’s full satisfaction, in keeping with the Approved Design.

3.  Payment Milestones

A.  The Commissioner will pay the Artist the agreed upon price upon acceptance of the Approved Design, after which the Artist will begin work on the Piece.

 

                                    Where I sign my name                                      Artist

 

                                    Where I date when I signed                                          Date

 

                                    Where you sign your name                                            Commissioner

 

                                    Where you date when you signed                                  Date