Art Commission Agreement
This Art Commission Agreement ("Agreement") is entered into on (date) ("Effective Date") between the following parties:
[Client.FirstName][Client.LastName] of [Client.Company] of [Client.StreetAddress] [Client.City][Client.State][Client.PostalCode] (herein referred to as "Client") and
[Artist.FirstName][Artist.LastName] of [Artist.Company] of [Artist.StreetAddress] [Artist.City][Artist.State][Artist.PostalCode] (herein referred to as "Artist").
The above parties may be individually referenced as Party or collectively as Parties.
NOW, THEREFORE, the Parties agree to the following terms:
C. Revisions and alterations
It is the Client's responsibility to communicate with the Artist regarding any discrepancies between the scope of work and artwork execution. This Agreement has dedicated regular intervals in which the Artist will communicate with the Client to complete the commissioned artwork to the Client's standards.
The Client is entitled to two reasonable revisions of the final artwork, depending on the nature of the scope of work. The Artist cannot offer major revisions on artwork commissioned in the following mediums: acrylic and oil paints, sculpture, textiles, complex mixed media, or other labor-intensive mediums under the Artist's discretion.
Any revisions requested that are not a result of the Artist's fault and were not requested during check-in calls shall be billed to the Client at a rate of ($0.00) per hour.
Following the Client's acceptance of the final artwork, the Client shall not alter the Artist's original artwork themselves or by another third party under any circumstances. The Client shall allow the Artist the opportunity to make the alterations themselves. The Artist agrees to accommodate requested alterations to the best of their ability.
A deposit of 50% of the total price of ($0.00) for the commissioned artwork shall be due before Artist begins the commissioned work. All deposits are nonrefundable.
Upon the Client's final inspection and acceptance of the artwork, the remaining balance shall be due. Past-due final payments shall incur a (0%) interest penalty each week the balance is past due. If the Artist must take legal action to acquire final payment, the Client shall pay all of the Artist's legal fees.
The Artist will do the best of their ability to deliver the commissioned artwork by or before the Client's deadline of (deadline date).
The Client agrees and understands that revision requests may delay the final delivery of services. The Artist will do the best of their ability to deliver revised artwork in a timely manner.
The Artist shall deliver the final artwork once the Client pays the remaining balance. For digital artwork, the Artist shall deliver the final artwork in the following formats: (Example: .jpeg, .png, .pdf, .ai, .psd).
For printed or three-dimensional artwork, the Artist shall take reasonable care in delivering the final artwork either in person or via mail. The Client agrees to pay all shipping costs for the artwork before it shall be shipped for delivery.
G. Ownership rights
The Artist shall retain ownership rights to the total commissioned artwork and portions of the commissioned artwork until the Client issues final payment. Upon the issuance of final payment, all ownership rights shall be transferred to the Client. The Artist shall receive authorship credit for any reproduction of the Artist's work and when Client displays the Artist's work publicly, privately, or via the Internet.
Under reasonable circumstances, the Client shall provide the Artist with samples of any artwork reproductions for self-promotion purposes.
H. Termination and kill fee
If the Client chooses to terminate this Agreement, the Client will be required to compensate the Artist. Regardless of whether the Artist's commissioned work is completed or not, the Client shall forfeit all deposits paid and pay a kill fee of ($0.00). (This can be either a percentage of the total fee for the artwork or a flat kill fee).
The Client and the Artist agree their relationship shall be (exclusive or nonexclusive). Under nonexclusive terms, the Artist may produce artwork for commissions at the Artist's sole discretion. Under exclusive terms, the Artist agrees to exclusively create commissioned work only for the benefit of the Client and not for the benefit of the Client's competitors as listed below: (list of the Client's competitors).
The Artist confirms that all works provided to the Client shall be original and owned by the Artist until the Artist transfers ownership rights to the Client.