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[Borsheim Arts Studio]

Sample Art Commission Contract

by Kelly Borsheim

[figure]
Dalee

Please note: I am not a lawyer and I do not give or sell legal advice. This sample contract below is only intended to give you an IDEA of what a contract between an artist and an art collector MIGHT look like. The intent of my publishing this sample contract is to give the collector things to think about. It is much better for all questions to be asked and satisfactorily answered PRIOR to the commencement of a contract signing.
Thank you,
Kelly Borsheim, Artist

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[Borsheim Arts Studio]

Sample Art Commission Contract

This agreement is made the ______ day of ______________, _______ (year) by and between:
Name: ________________________________________________ (Artist)
Address: ______________________________________________
Phone: ________________ E-mail: _______________________
and
Name: ________________________________________________ (Collector)
Address: ______________________________________________
Phone: ________________ E-mail: _______________________

The parties agree as follows:

  1. The Project: Collector is commissioning a series of oil paintings created by the Artist. Subject matter is figurative art following the progress of Collector’s pregnancy, possibly including artwork of family after the birth of the baby. Artist will create as many paintings as the Collector wishes to sit for and scheduling allows.
  2. Right of Refusal: It is the intent of this contract that the Artist create artworks for the Collector that the Collector will purchase. 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, 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.
  3. 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 may be reproduced by Collector without the prior written approval of Artist.
  4. Payment Amounts: Fees/selling price will be decided by the parties per individual artwork, with a minimum of $300 each painting. Fee will be based upon canvas size and complexity of completed work and will be consistent with other comparable works by Artist at the time of sale. Parties will agree to price in writing prior to the commencement of each artwork. Painting sizes will be mutually determined by the Artist and Collector.
  5. Payment Terms: A nonrefundable deposit of one-third of the selling price is required before work commences. Payment in full is due upon receipt of artwork(s).
    In the case of a bronze sculpture commission, payment installments will be made as follows:
    1. one-third nonrefundable deposit required to start
    2. one-third payment due upon approval of original sculpture (in wax or clay, prior to moulding and casting)
    3. final third due upon completion and delivery of artwork
  6. 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.

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year written above.

________________________________
Artist

_________________________________
Collector

Artwork #MediumSizePriceDateInitial of Collector & Artist
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________

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To contact Kelly Borsheim, please click here: Contact Artist



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