Commission Agreement Contract
Commission Agreement Contract
The Project: Collector is commissioning (Insert description of the commission here: dimensions in inches, ($1 per square inch) and final cost of completed project, medium, surface completed on, quantity if applicable, and date requested by if applicable.
Right of Refusal: It is the intent of this contract that the Artist create artworks for the Collector that the Collector will pay in full by the completion of the project. However, if, after the work is completed, the Collector does not wish to purchase any or all of the work, the Collector may refuse, on an individual basis, each created artwork. In that case, the Artist will retain the refused artwork and the nonrefundable deposit (half of the final cost), free of any claims or interests of the Collector and the Collector will owe no additional fees to the Artist. A refusal will not affect the purchase price of other created artworks in this project (if applicable) or future projects.
Deadlines: Should the Collector need the complete project(s) by a deadline, it must be specified within the terms of this agreement before the start of the project. The request for projects by a deadline must be met with the Artist’s ability to collect necessary materials to complete the project, time to draft, create the finished work, dry (if project is an oil painting), packaged responsibly, and given enough time to be delivered. Deadlines cannot be moved forward unless permitted by the Artist. If the Collector does not agree on a specified deadline, the Artist may take as little as one week and up to six months to complete the artwork in its entirety. The timeline of the piece will then be communicated between both parties within the one week to six month period.Additionally, the Artist is responsible for the completion of work by the agreed deadline. Should the Collector request the deadline to be pushed back, both parties must sign and initial for the revision to this agreement and state the reasoning. Should the deadline be within a more than reasonable time frame and the Artist completes the finished project late, the Collector is entitled to withhold the second half of the payment (this does not account for delays with USPS and the Artist cannot otherwise be held accountable)
Revisions To This Agreement: Should both parties mutually agree on revisions to this contact, whether due project medium, size, deadline, etc. the project will come to a brief halt until both Artist and Collector agree on the new terms, resign and date this document specifying the revision.
Copyright: Artist reserves the common-law copyright to all works commissioned by Collector that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. No work containing any image of the final project may be reproduced by Collector without written approval of Artist.
Framing: Upon the Collector’s request, the Artist may have the artwork framed. This service will cost an additional fee and will be determined upon the size of the finished artwork.
Payment Amounts: Fees/selling price is based on $1 per square inch equation and will be agreed upon by the parties per individual artwork, with a minimum of $100. Additional fees will be based upon canvas size, materials, and complexity of completed work and will be consistent with other comparable works by the Artist at the time of sale. Parties will agree to price in writing prior to the commencement of each artwork. The Collector is required to pay a non-refundable deposit amounting to half of the final cost (if less than $500) or one-third (if final cost exceeds $500). Artwork sizes will be mutually determined by the Artist and Collector. Additionally, the Artist is not responsible for the cost of shipping commissioned artwork and the additional cost will be determined and agreed upon by both parties prior to the completion of the artwork.
Payment Terms: A nonrefundable deposit of half of the selling price is required before work commences. Payment in full is due upon receipt of artwork(s). High resolution photographs will be taken and sent to the Collector prior to sending the artwork to ensure the final project is satisfactory. All payments must be made before the final project is shipped, and are final after the Collector receives the artwork. If the Collector does not make the final payment before 3.pm CDT (Central Daylight Time US), then the Artist will not ship the work until the next day. Should the Collector approve of the artwork, and receive the piece as it was photographed, with no damages or alterations, and demand any refunds, the request will be denied. Additionally, I only take payments through PayPal, bank transfers, and Venmo. I no longer accept cash or checks.
In the case of custom shoes commission, payment installments may be made as follows:
One-third nonrefundable deposit required to start
One-third payment due upon approval of outline, sketches, and plans for the final design
Final third due upon completion and delivery of artwork
Currency and Exchange Rates: Purchases made via MelissaConley.com, ETSY, Finely, and FineArtAmerica should adjust the cost for international orders and commissions using the customer’s IP address. However the Collector is responsible for checking the exchange rate used by their payment provider and whether they wish to proceed with their transaction. The Artist is not responsible for issuing refunds for the differences in the exchange rates.
Delivery of Artwork: If the Collector lives within a 50 mile radius of the Artist, the artwork may be hand delivered. Otherwise all artwork will be shipped and packed by the Artist using the United States Postal Service economy services (with free tracking for domestic packages) unless otherwise agreed upon by both parties. The Artist will send the artwork to the address provided on this document, make sure it is correct as the Artist is not responsible for artwork shipped to a misspelled/invalid address. Advanced shipping services agreed upon by the parties will be specified in the project details (see number 1).
If not otherwise specified, the Collector can assume the economy service rate (generally 2-3 business days, not including holidays or weekends) as per the cost on USPS.com. It is the responsibility of the client to ensure the correct shipping services needed to receive the artwork by their required deadline (if applicable). The Artist is not to be held accountable if the artwork does not arrive by a deadline due to a fault within the United States Postal Service and any problems regarding a delay in shipping should be taken up with said business. Be mindful that weather conditions can affect the arrival time of the Collector’s artwork and it is the responsibility of the Collector to contact the Artist should their shipping services need to be adjusted. The Artist is also not responsible for the condition of the artwork after it has been in your possession.
Damaged Artwork: The Artist is responsible for packing and shipping the artwork responsibly, efficiently, and in a timely manner. Should the Collector receive artwork that is damaged, they should contact the Artist immediately. By failing to notify the Artist right away, it becomes increasingly difficult to address the problem and as a result, refunds may not be disputed. The Collector is responsible for sending photographic proof of the damaged artwork and/or packaging of their commission. Should the damage be minimal/reversible, the Artist will fix the artwork free of charge and cover the cost of shipping or should a refund be requested per the cost of the damages by the Collector, both parties may dispute the matter in a new contract. If the artwork is severely damaged and cannot be saved, the Collector will be given a credit for the cost of the damaged artwork (to be used at any time) or they may have the Artist recreate the project for no additional fee (with the same medium and the same size). Please note: should the Artist increase their rates, the Collector is responsible for covering the difference of the new artwork created.
Artwork Lost In Transit: As previously stated, if the arrival of the artwork is late due to a USPS error, the Artist is not at fault and therefore cannot be held accountable. Should your artwork not arrive after 7 days per the USPS protocol, please check the status using the USPS Tracking Number given to you by the Artist (had you chosen a mailing option that provided one). If the package containing your artwork was lost, please inform the Artist immediately. The Artist or the Collector should follow the USPS protocol on finding missing packages on their website:
https://www.usps.com/help/missing-mail.htm
The Artist will not be held responsible for artwork that goes missing in the mail. However if the artwork cannot be recovered, the Collector may be given a credit for the cost of the missing artwork (to be used at any time) or they may have the Artist recreate the project (with the same medium and the same size). Please note: should the Artist increase their rates, the Collector is responsible for covering the difference of the new artwork created.Attorney’s Fees: In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorneys’ fees in addition to any available remedy.
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Disclaimer:
** Please make sure you have read and understand these terms in their entirety before signing and returning this document prior to the start of the commission. The Artist is not held accountable for any problems or misunderstandings that may occur from not reading and/or understanding the terms listed above and reserves the right to enforce any part of this contract should a claim be made **
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This agreement is made the_____day of ______________, _______ (year) by and between the Artist Melissa Lynne Conley , 10110 Sungate Park, San Antonio, Texas - available at 856-237-4817 or available at MelissaConleyArtist@Gmail.Com and the Collector
Name: ________________________________________________
Address: ______________________________________________
Phone: ________________ E-mail: __________________________________