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Commission Contracts
by Lynda Sappington
A friend of mine just broke her "painting wrist" and she's in the middle of a commission! I said, "You have an 'acts of God' and an illness clause in your commission contract, don't you?" She didn't even have a contract, and this is her first really good commission. So now she's trying to paint with her left hand, with different fingers on her right hand, whatever it takes to finish the piece on time.
When you are offered a commission, it is good business and a protection for both you and your client to have a written contract signed by both parties. There are many examples of contracts for artists in a wide variety of books and magazines. Art Calendar magazine had an excellent series on contracts this year. My own commission contract is based on samples given to me to study by other artists, and from the books Business and Legal Forms for Fine Artists by Tad Crawford published by Allworth Press ($16.95) and Art Office by Constance Smith and Sue Viders published by ArtNetwork ($14.95).
You can take these contract samples and customize them to suit your needs. For instance, some artists prefer to be paid half on signing the contract, and half on delivery. Due to the cost of bronzes, I charge 1/3 on signing (which is non-refundable), 1/3 on approval of the piece prior to casting, and 1/3 on delivery. Shipping costs and taxes are added to the final payment. All this is in writing, so both parties understand. If the client wants changes from the originally agreed-upon design that I agree with (some changes may not be possible due to the nature of the materials), the contract states that I "will be paid _____ per hour for the changes, not to exceed _____ hours." The client and I agree on these figures at the time of signing.
The delivery date is set, but disclaimers are included to cover acts of God, illness, equipment failures (the foundry once was a month late finishing a piece due to an equipment failure), etc. I go over all these details with the client, even mailing a blank contract in advance of our meeting so they have time to understand it.
The artist's ownership of the copyright is plainly stated in the contract, as is a clause stating that no reproduction, destruction, alteration or repair of the sculpture will be made during my lifetime without my agreement and supervision.
The contract must be signed by both parties and witnessed. There must be two copies of the contract, one for the artist and one for the client. If there are any changes required, both need to initial the changes and note the date on both contracts.
People who commission art from you are acknowleging they like your style of work. The contract should include this statement so they can't argue that they didn't want their pet portrayed in cubism (for instance) when they knew you were a cubist to start with. And your contract should also include a statement that you "may exhibit and market reproductions of said Work without restriction" if that is your intent.
I've just introduced some basics in commission contracts. For more detailed information, please see the sources stated above. If you have other sources to recommend, please let us know and we'll pass the information along. And those of you with lots of commission mileage are welcome to send in your comments, suggestions, and ideas as followup to this article.