Artist Commission Agreement
Introduction
Purpose of the Agreement:
This Artistic Commission Agreement ("Agreement") is made and entered into as of the ____ day of ______, 202_, by and between ______________ ("Client") and Denise Brown "Artist”). The purpose of this Agreement is to outline the terms and conditions under which Artist will create two commissioned artworks for the Client.
Project description
Artist agrees to create the following artwork for the Client:
Materials and medium:
Commission fees
Additional costs:
Client agrees to reimburse Artist for any additional costs incurred in the creation of the artwork, such as significant portrait details, special materials or tools upon agreement by all parties. These costs will be invoiced separately and are payable within 15 days of receipt. Payments can be made via check, money order, cash or Venmo.
Timeline
The project will commence upon receipt of the downpayment and is expected to be completed within six-eight weeks from receipt of the downpayment.
Milestones:
Client responsibilities
Client agrees to provide all necessary information and materials required to complete the artwork, including but not limited to:
Artist responsibilities
The Artist agrees to perform all services in a professional manner, using reasonable care and skill. The Artist agrees to make reasonable efforts to complete the project within the agreed timeline, subject to delays caused by factors beyond the Artist’s control. The Artist agrees to maintain communication with Clients, providing updates on the project progress and addressing any concerns or questions.
Revisions and changes
The Artist agrees to provide minimal revisions to the initial consult as part of the agreed-upon service fee. Any additional revisions will be subject to an additional fee of $40 per revision. If the Client requests any changes to the scope of the artwork, materials or other aspects of the project after the agreement is signed, Artist will provide a written change order detailing the additional cost and timeline adjustments. Client must approve a change order in writing before any changes are made.
Delivery
The completed artwork will be delivered via the following:
Shipping costs:
Client agrees to cover all shipping costs including packaging and insurance. Artist will provide a shipping cost estimate prior to shipment.
Intellectual property
Ownership of artwork:
Artist retains ownership of all original artwork until full payment is received from Client. Upon receipt of full payment, ownership of the physical artwork transfers to Client.
Usage rights:
Artist grants Client a nonexclusive license to use images of the artwork for personal display. Client agrees not to reproduce, distribute or use the artwork for commercial purposes without the prior written consent of Artist.
Reproduction rights:
Artist retains the right to reproduce, distribute and display the artwork in Artist's portfolio, website and in promotional materials. Artist may also sell prints or other reproductions of the artwork, unless otherwise agreed in writing.
Confidentiality
Both parties agree to keep confidential all information regarding the project, including but not limited to design concepts, materials, costs and any personal information. Confidential information shall not be disclosed to any third-party without the prior written consent of the other party except as required by law. Artist may use Client’s confidential information only for the purpose of fulfilling their obligations under this Agreement. Client may use Artist’s confidential information only for the purpose of evaluating and approving the services provided.
Exhibition and promotion
Artist retains the right to exhibit the completed artwork in galleries, exhibitions and art shows prior to the final delivery to Client, unless otherwise agreed in writing. Artist retains the right to use images of the artwork for promotional purposes, including but not limited to social media, website portfolios and marketing materials. Client agrees to provide reasonable access to the artwork for this purpose with prior notice.
Credits and acknowledgments:
Client agrees to credit Artist as creator in any public display or promotion of the artwork.
Termination:
Client may terminate this Agreement at any time by providing written notice to Artist. If the Client terminates agreement:
Artist may terminate this Agreement if Client fails to make timely payments or in other ways breaches any terms of this Agreement. Artist must provide written notice to Client and allow five days for Client to remedy the breach. If not remedied, Artist may terminate the Agreement and retain the deposit as liquidated damages. Either party must provide at least seven days’ written notice of their intent to terminate. In the event of termination, Client agrees to pay for all services rendered and costs incurred up to the date of termination. Any remaining balance or refund will be settled within 10 days of termination.
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