Marnie J Blum

Art Commission Contract Sample

 

Please READ Carefully and Sign in the Required Areas

Agreement: This agreement between Marnie J Blum (herein referred to as “Artist”) and Patron’s Name (herein referred to as “Patron”) is entered into this ______ day of ______________(month), _______ (year) by and between:

 

Artist’s Name: Marnie J Blum

Address:          _______________________________________

Phone:            _____________        E-mail: ­­­­­________________

and

Patron’s Name: _______________________________________________________

Address:          _______________________________________________________

Phone:                        __________________            E-mail: _________________________

WHEREAS, the Artist is a recognized, professional artist;
WHEREAS the Patron wishes to commission the Artist to create a work of art (“Work”);
WHEREAS the parties wish to have the creation of this work be governed by the mutual obligations, covenants, and conditions herein.
Now, THEREFORE, in consideration of the mutual covenants stated herein, the Artist and the Patron agree as follows:

 

1.      The Work: Patron is commissioning an acrylic painting on canvas created by the Artist. The Work is to be the sole creation of the Artist. Total size of the canvas will be__________, or _____ square inches. The Artist will paint a Beach Retreat Series themed painting from your vacation photo. The completed Work will be unframed unless otherwise agreed upon between Artist and Patron. The Artist has the right to put her name and year of completion on the Work in a permanent fashion, with placement, size, and color at the discretion of the Artist.

            This area will include any other previously agreed upon aspects of the Work such as colors, background, or more specifics on the subject matter.

            The completed Work will be in the style of the Artist. The Patron acknowledges that he or she has reviewed other work by the Artist, is familiar with the Artist’s style, and wishes to have a similar work commissioned. However, the Patron agrees that the work shall be created at the Artist’s discretion and shall be a reflection of the Artist’s creative skill. Thus, the Patron acknowledges that, due to variations in the creative process, the completed Work will be unique. Completion of the Work is to be determined by the Artist, who shall use her professional judgment to deviate from any preliminary concepts or sketches as the Artist in good faith believes necessary to create the Work. While the Artist will make reasonable efforts to inform and consult with the Patron regarding major aspects of the Work, the Artist will make all final decisions regarding the aesthetics of the compositions. In addition, the Artist is not required to make adjustments to the Work at the request of the Patron.

            The Patron agrees to provide any necessary decisions or instructions within ten (10) business days of request by the Artist to keep the Work within the agreed upon deadline.
 

2.      Progress Reports: The Artist agrees to furnish the Patron with progress reports during the creation of the Work at the Artist’s discretion. These reports may include pictures of the Work in progress, which may be digital images sent by email, as well as estimations of the percentage of Work completed or projections of the date the Work may be completed. The depth of the report is at the discretion of the Artist due to the confusing nature of the creative process.

 

3.      Travel: Should any travel be required, outside of a ten (10) mile radius of Raleigh, North Carolina, the Patron will be responsible for all travel costs unless otherwise agreed upon, in writing, by the Artist. Travel costs include airfare, gasoline, and accommodations, but do not include meals.


4.      Copyright: The Artist retains the copyright to all Works commissioned by the Patron that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. No Work may be reproduced or altered without the prior written approval of the Artist. The Patron has the right to take non-professional photographs of the Work to share socially, but may not benefit monetarily from this action, nor may the copyright of the Work be transferred from the Artist.

            The Artist reserves the right to use reproductions of the Work to promote her artwork. This includes the right to display reproductions of the Work on the internet. Furthermore, the Artist retains the copyright to all sketches, studies, photographs, and the like produced in conjunction with the Work. The Patron has the first opportunity to purchase such materials at a rate determined by the Artist, consistent with other comparable works by the Artist at the time of sale. Upon delivery of the Project, the Patron waives this first opportunity.

            Any use additional to that expressly granted above requires an amendment to this agreement and arrangement for payment of a separate fee.

 

5.      Privacy: The Patron gives the Artist permission to use the Patron’s name, picture, commissioned artwork, 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 Patron’s right to privacy or any other personal or proprietary rights the Patron may possess in connection with reproduction and sale of the Work or any incidental works made in the conjunction with the creation of the Work.

 

6.      Cancellation: The Patron may cancel the Work during creation. If the Patron wishes to cancel, the Artist will retain the artwork and the non-refundable deposit, free of any claims or interests of the Patron and the Patron will owe no additional fees to the Artist. The Artist will retain the right to complete the Work to her own preferences and sell it, and any reproductions of the work, as well as including the Work in promotion of the Artist and her artwork.

            The Artist may cancel the Work during creation for any reason, without specifying the cause for cancellation, but must inform the Patron in writing and promptly return all payments, including the non-refundable deposit. The Artist must also destroy, or modify beyond recognition, the Work completed thus far as part of this Agreement.

 

7.      Right of Refusal: It is the intent of this Agreement that the Artist creates artwork for the Patron and that the Patron will purchase the Work. However, if, after the Work is completed, the Patron does not wish to purchase the Work, the Patron may refuse the Work. In that case, the Artist will retain the refused artwork and the non-refundable deposit, free of any claims or interests of the Patron and the Patron will owe no additional fees to the Artist.


8.      Fees and Delivery: The Patron agrees to pay $_________ in total for the Work, not including shipping and delivery fees, travel fees, or any late payment fees. A non-refundable deposit of half the sale price, or $_________, is required before creation of the Work commences. Upon completion of the Work, the Artist will send the Patron a photograph of the completed Work for the Patron’s approval or the Patron may visit the Artist’s studio for a viewing. The Patron will be responsible for the remainder of the payment prior to the Artist shipping the Work, or, at this time, the Patron may refuse the artwork. The Artist agrees to ship the completed Work within fifteen (15) business days of receiving the final payment.

            The non-refundable deposit for this Work is due by __________________, upon which the Artist will begin creation of the Work. The Work will be completed by the Artist by ___________________. Final payment or written refusal of the work is due by _____________. If the Work is not completed by the aforementioned date, a new completion date and final payment due date will be agreed upon by both parties, without waiving any other aspect of this Agreement.

            Should the final payment be late, a two percent (2%) monthly service charge will be billed in addition to the remaining balance for the Work.

            The Artist is not responsible for the Work being delayed in transit following the Artist’s shipment of the Work. The Artist agrees to include insurance for the package carrying the Work for the full price of the Work. The Patron agrees to pay all shipping and delivery costs within thirty (30) days of the Work’s delivery.
 

9.      Death of the Artist: This Agreement shall automatically terminate on the death of the Artist unless the Work has been adequately completed to the Patron’s approval; however, the Artist’s estate shall retain all payments made prior to the Artist’s death and will deliver the Work to the Patron in its current state of completion. The Patron will have the right to complete, exhibit, and sell the Work if he so chooses. Should the Work have been adequately completed to the Patron’s approval, the Artist’s estate is responsible for completing the Artist’s obligations within this Agreement.


10.      Force Majeure: In the event that any cause beyond the reasonable control of either party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under this Agreement, the affected party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.


11.      Severability/Waiver: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.


12.      Non-Disparagement: The parties agree that they will neither engage in any conduct or communications with a third party, public or private, designed to disparage the other.


13.      Resolution of Disputes: This Agreement shall be governed by the laws of the State of North Carolina and courts of such state shall have exclusive jurisdiction and venue. Any dispute regarding this Agreement shall be arbitrated in Raleigh, North Carolina under the rules of the American Arbitration Association and the laws of the State of North Carolina. All claims against the Artist must be lodged within one hundred (100) days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive, not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of the Patron, the Patron is responsible for any and all arbitration and attorney fees.


14.      Equitable Relief: In the event that a dispute arises between the parties for which monetary relief is inadequate and where a party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction. In any proceeding to enforce any part of this Agreement, the aggrieved party shall be entitled to reasonable attorneys’ fees in addition to any available remedy.


15.      Expiration: This contract binds the parties, their heirs, and all their successors in interest, and all Patron’s obligations are attached to the Work and go with ownership of the Work, all for the life of the Artist and Artist’s surviving children plus 21 years.

 

16.      Miscellaneous: The Artist is not responsible for changes in the completed Work due to climate, humidity, moisture, molds, infestation, stains, warping, shrinkage, expansion, fading, or any other events that occur over time. The Patron agrees to refrain from intentional destruction, damage, or modification of the Work. If the Work is damaged, the Patron agrees to consult the Artist before any restoration and must give the Artist first opportunity to restore it, to the extent practical, for a reasonable fee. If the Work is damaged or any alteration of any kind occurs after receipt by the Patron, whether intentional or accidental, and whether caused by the Patron or not, the Work shall no longer be represented to be the work of the Artist without the Artist’s written consent.

The Artist shall have the right to borrow the work for exhibition by mutual written agreement with the Patron.
 

All notices shall be sent to the Artist at the address provided in this Agreement and the Patron at the address provided in this Agreement. Each party shall give written notification of any change of address prior to the date of said changes.



            Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.



This Agreement constitutes and contains the entire understanding between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements, and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate. ANY AMENDMENTS, MODIFICATIONS, OR ALTERATIONS MUST BE IN WRITING AND SIGNED BY BOTH PARTIES TO BE VALID.

 

 

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

 

________Sample Only________________________

Artist

 

________Sample Only_________________________

Patron