Fine Art Commission Agreement
Agreement dated as of the
______day of____ ________, 20__, between __________________________ (the Artist),
whose address is ___________________________________ and
___________________________ (the Purchaser), whose address is
___________________________________________.
Whereas the Artist is
recognized profession artist; and Whereas the Purchaser admires the work of the
Artist and wishes to commission the Artist to create a work of art (“the Work”)
in the Artists own unique style; and where as the parties wish to have the
creation of this work of art governed by the mutual obligations, covenants and
conditions herein,
Now, therefore, in
consideration of the forgoing premises and the mutual covenants herein after
set forth other valuable considerations, the parties here to agree as follows:
1. Preliminary Design. The Artist hereby agrees to create the
preliminary design for the Work in the form of studies, sketches, drawings or maquettes described as follows: ________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
in return for which the Purchaser agrees to pay a fee of $__________ upon the
signing of this Agreement. The Artist
agrees to develop the preliminary design according to the following description
of the Work by the Artist:
Title:
_______________________________________________
Materials:
___________________________________________
Dimensions:
_________________________________________
Description:
_________________________________________
Price:
______________________________________________
The Artist shall deliver the
preliminary design to the Purchaser within _______ days of the date hereof. The Purchaser may within 2 weeks of receipt
of the preliminary design demand changes, and the Artist shall make such
changes for a fee of $_________ per hour; provided, however, that the Artist
shall not be obligated to work more than _________ hours making changes.
2. Progress Payments. Upon the Purchaser’s giving approval of the
preliminary design, the Artist agrees to proceed with construction of the Work,
and the Purchaser agrees to pay the price of $_______ for the Work as
follows: One-third upon the giving of
written approval of the preliminary design, one –third upon completion of
one-third of the Work; and one-third upon completion of the Work. The Purchaser shall also promptly pay the
following expenses to be incurred by the Artist in the course of creating the
Work:______________________________. The Purchaser shall pay the applicable sales
tax, if any, with the final progress payment.
Completion of the Work is to be determined by the Artist, who shall use
the Artist’s professional judgment to deviate form the preliminary design as
the Artist in good faith believes necessary to create the Work. If, upon the Artist presenting the Purchaser
with written notice of an payment being due, the Purchaser fails to make said
payment within two weeks of receipt, interest at the prime interest rate for banks
in __________________________________ shall accrue upon due balance due. The Purchaser shall have a right to inspect
the Work in progress upon reasonable notice to the Artist.
3. Date of Delivery. The Artist agrees to complete the Work within
______ days of receiving the Purchasers written approval of the preliminary
design. This completion date shall be
extended for such period of time as the Artist may be disabled by illness
preventing progress of the Work. The
completion date shall also be extended in the event of delays caused by events
beyond the control of the Artist, including but not limited to fire, theft,
strikes, shortages of material and acts of God.
Time shall not be considered of the essence with respect to the
completion of the Work.
4. Insurance, Shipping and Installations. The Artist agrees to keep the Work fully
insured against fire and theft and bear any other risk of loss until delivered
to the Purchaser. In the event of loss
caused by fore or theft, the Artist shall use the insurance proceeds to
recommence the making of the Work. Upon
the completion of the Work, it shall be shipped at the expense of
__________________________ to the following address specified by the Purchaser:
_________________________________________________. If any special installation is necessary, the
Artist shall assist in said installation as follows:
________________________________________________.
5. Termination.
This agreement may be terminated in the following conditions:
(A) If the Purchaser does not approve the
preliminary design pursuant to paragraph 1, the Artist shall keep all payments
made and this agreement shall terminate.
(B) The Purchaser may upon payment to any
progresses due pursuant to Paragraph 2 or upon payment of an amount agreed in writing by
the Artist to represent the pro rata portion of the price in relation to the
degree of the completion of Work, terminate this agreement. The Artist hereby agrees to give promptly a
good faith estimate of the degree of completion of the Work if requested by the
Purchaser to do so.
(C) The Artist shall have the right to terminate
the Agreement in the event the Purchaser is more than sixty (60) days late in
making any payment due pursuant to Paragraph 2, provided however; nothing
herein shall prevent the Artist bringing suit based on the Purchaser’s breach
of contract.
(D) The Purchaser shall have the right to
terminate this Agreement if the Artist fails without cause
to complete the Work within (90) days of the completion date in Paragraph
3. In the event of termination pursuant
to Paragraph 3, the illness of the Artist causes a delay of more than six
months in the completion date or if events beyond the Artists control cause
delay of more than one year in the completion date provided, however, that the
Artist shall retain all payments made pursuant to Paragraph 2, but shall not be
liable for any additional expenses, damages or claim of any kind based on the
failure to complete the Work.
(E) The Purchaser shall have a right to terminate
this agreement if, pursuant to Paragraph 3, the illness of the Artist causes a
delay of more than six months in the completion date or if events beyond the
Artists control cause delay of more than one ear in the completion date,
provided, however, that the Artist shall retain all payments made pursuant to
Paragraph 1 and 2.
(F) This Agreement shall automatically terminate
on the death of the Artist, however that the Artist’s estate shall retain all
payments made pursuant to Paragraphs 1 and 2.
(G) The exercise of a right of termination under
this Paragraph shall be written and set forth the grounds for termination.
6. Ownership.
Title to the Work shall remain in the Artist until the Artist is paid in
full. In the event of termination of
this Agreement pursuant to Sub Paragraph (A), (B), (C) or (D) of Paragraph 5,
the Artist shall retain all rights of ownership in the Work and shall have the
right to complete, exhibit and sell the Work if the Artist so chooses. In the event of termination of this Agreement
pursuant to Paragraph 5 (E) or (F), 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 chooses.
Not with standing anything to the contrary herein, the Artist shall
retain all rights of ownership and have returned to the Artist the preliminary
design, all incidental works made in the creation of the Work, and all copies
and reproductions thereof and of the Work itself, provided, however, that in
the event of termination pursuant to Paragraph 5 (E) or (F) the Purchaser shall
have a right to keep copies of the preliminary design for the sole purpose of
completing the Work.
7. Copyright.
The Artist reserves all right of reproduction copyrights in the
work. One preliminary design and any incidental
works made in the creation of the work.
Copyright notice in the name of the Artist shall appear on the Work, and
the Artist shall also receive authorship credit in connection with the Work or
any reproductions thereof.
8. Privacy.
The Purchaser gives to the Artist permission to use the purchaser’s
names, picture, portrait and photograph, in all forms and media and in all
manners, including but not limited to exhibition, display, advertising, trade,
and editorial uses, without violation of the Purchaser’s right of privacy or
any other personal or proprietary rights the Purchaser may possess in
connection with reproduction and sale of the Work, the preliminary design, or
any incidental works made in the creation of the Work.
9. Non-destruction, Alteration and
Maintenance. The Purchaser agrees that
the Purchaser will not intentionally destroy, damage,
alter, modify or change the Work in any way whatsoever. If any alteration of any kind occurs after
receipt by the Purchaser, whether intentional or accidental and whether done by
the Purchaser or others, the Work shall no longer be represented to be the Work
of the Artist without the Artists written consent. The Purchaser agrees to see that the Work is
properly maintained.
10. Repairs.
All repairs and restorations which are made are made during the life
time of the Artist shall have the Artists approval. To the extent practical the Artist shall be
given the opportunity to accomplish said repairs and restoration at a
reasonable fee.
11. Possession.
The purchaser agrees that the Artist shall have the right to possession
of the Work for a period not to exceed sixty (60) days for the purpose of
exhibition of the Work to the public, at no expenses to the Purchaser. The Artist shall provide proof of sufficient
insurance and pre paid transportation.
The Artist shall have such right of possession for one period not to
exceed sixty (60) day every 5 years.
12. Non-Assign ability. Neither party hereto shall have the right to
assign this Agreement without the prior consent of the other party. The Artist shall however, retain the right to
assign monies due to the Artist under the terms of the Agreement.
13. Heirs and Assigns. This Agreement shall be binding upon the
parties hereto, their heirs, successors, assigns, and personal representatives,
and references to the Artist and, the Purchaser shall include their heirs,
successors, assigns, and personal representatives.
14. Integration.
This Agreement constitutes the entire understanding between the
parties. Its terms can be modified only
by an instrument in writing signed by both parties.
15. Waivers.
A wavier of any breach of any of the provisions of this Agreement shall
not be construed as a continuing wavier of other breaches of he same or other
provisions hereof.
16. Notes and changes of addresses. All notices shall be sent to the Artist at
the following address:
________________________________________________________________, and the Purchaser at the following address:
_________________________________________________________________. Each party shall give written notification of
any change of address prior to the date of said changes.
17. Governing law. This Agreement shall be governed by the laws
of the State of California.
Artist:
__________________________________________________
(Signature)
Purchaser:
__________________________________________________
(Signature)