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Sample Artwork Commission Contract

Dear friends, I am definitely not a lawyer, so if you're looking for a legally solid contract for your own use, this is not a good place to look. However, for anyone who is considering commissioning an artwork with me, I want you to see what kind of contract I use. Thanks! -- Gradiva

Commission Agreement

Date: July 29, 2008

Purchaser: Madeline Armenian{address}

Artist: Gradiva Couzin{address}

Description:  Gradiva Couzin (Artist) agrees to paint an original portrait in oil for Madeline Armenian (Purchaser) of Madeline’s sons: Guy and Gilad in celebration of Everett’s 40th Birthday.  The painting will be based on photographs  taken in San Francisco by the Artist.

This painting will be sized approx. 20”x24” {may be adjusted after I start sketching} on cotton canvas and wood stretcher boards, suitable for framing. 

Payment: Madeline agrees to pay $1250 for the painting.

$625 is due upon the signing of this contract and $625 payable upon delivery.

Schedule:  The portrait is scheduled to begin August, 2008.  Approximate date of completion is Christmas, 2008.

Cancellation: In the event of cancellation by the Purchaser, the Artist will retain the initial payment of $625 and any artwork produced.

In the event that the Purchaser is not satisfied with the artwork, Gradiva will make a good faith effort to alter the painting to the Purchaser’s satisfaction.  If this is not possible, Gradiva will retain $625 and the artwork, and the second payment will be cancelled.  In the event that the Purchaser is not satisfied with the artwork after delivery, the Purchaser agrees to return the painting and will receive a refund of the second payment.

If Gradiva is not able to complete the painting for unforeseen personal reasons, the entire fee will be refunded.

Copyright: Gradiva maintains the copyright and the right to show  the painting in her portfolio and will retain slides/computer files of the painting for use in exhibits, competitions, etc., including her website; however Gradiva agrees to maintain the anonymity of the subject if requested.

Exhibitions:  From time to time, this painting may be submitted to art competitions that may, in the event that this painting wins an award, require that the painting be temporarily borrowed.  The Purchaser understands that this is a necessary part of an artist’s career and accepts that the painting may be borrowed for exhibition on occasion, but no more than once every 3 years and with all shipping and insurance expenses paid by the artist.

Care and Notification: The Purchaser agrees to make a good faith effort in the care of this oil painting. The Purchaser agrees to notify the artist of any change in ownership of the painting.

Signed and Dated,