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SAMPLE CONTRACT TO COMMISSION ORIGINAL ARTWORK
Untitled (at time of contract) 2007, oil on canvas, 36” x 38”
Commission Agreement
This agreement, entered into this 31st day of October 2008, by and between the XXXXXX with offices at XXXXXXXXXXXXXXXXXXXXXXXXXXXX,
Artist Name 2222 N. Carrollton Ave. Indinapolis, IN 46204
(hereinafter referred to as "Artist"),
WHEREAS, the Artist is a recognized professional artist; and
WHEREAS, the Purchaser admires the work of the Artist and wishes to commission the Artist to create a work of art (“the Work”) in the Artist’s own unique style; and
WHEREAS, the parties wish to have the creation of this work of art governed by the mutual obligations, covenants, and conditions herein;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
1. Preliminary and Final Design. As a preliminary design for Untitled has already been approved by the Purchaser, a final design concept with any alterations or additions must be presented to the Purchaser in the form of drawings, computer generated images or maquettes for final approval on or before: Wednesday, November 8, 2009.
2. Progress Payments. Within 10 days of the signing of this contract, the Artist agrees to proceed with construction of the Work, and the Purchaser agrees to pay the price of $_xxxx_ for the Work as follows: _60 % upon the receipt of signed contract and _40_% upon the completion and installation of the Work. This amount includes installation costs.
3. Date of Delivery. The Artist agrees to complete the Work on or before Monday, February 5, 2010. The Artist agrees to install the Work on a date to be determined that will fall between February 5 – 9 of 2007.
4. Insurance, Delivery, Installation, and Ownership. The Artist agrees to keep the Work fully insured against fire and theft and bear any other risk of loss until delivery to the Purchaser. In the event of loss caused by fire or theft, the Artist shall use the insurance proceeds to recommence the making of the Work. Upon completion of the Work, it shall be delivered at the expense of _the Artist_ to the following address specified by the Purchaser: XXXXXXX (specific location will be determined.) Once installation is complete and final payment is made, the Purchaser will take on full ownership of the work. The Artist shall consult and work with the XXXX staff and/or contractor in the initial installation of the Work.
5. Termination. This Agreement may be terminated on the following conditions: (A) If the Purchaser does not approve the preliminary design, the Artist shall keep all payments made and this Agreement shall terminate. (B) The Purchaser may, upon payment of any progress payment due or upon payment of an amount agreed in writing by the Artist to represent the pro rata portion of the price in relation to the degree of completion of Work, terminate this Agreement. The Artist hereby agrees to give promptly a good faith estimate of the degree of completion of the Work if requested by the Purchaser to do so. (C) The Artist shall have the right to terminate this Agreement in the event the Purchaser is more than sixty days late in making any payment due pursuant to Paragraph 2, provided, however, nothing herein shall prevent the Artist bringing suit based on the Purchaser’s breach of contract.
5. Copyright. The Artist reserves all rights of reproduction and all copyright in the work, the preliminary design, and any incidental works made in the creation of the work. The Artist shall receive authorship credit in connection with the work or any reproductions of the work.
6. Promotion. Although the Artist retains all copyrights, the Purchaser shall be given limited-use rights for the reproduction of images to promote the business, its art collection, XXXX, and any of its programs or partners. (Note: This is not a standard, but needs to be addressed if the purchaser plans to photograph the work to help promote the collection or business.)
7. Privacy. The Purchaser gives to the Artist permission to use the Purchaser’s name 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 Purchaser’s rights of privacy.
8. Non-Destruction, Alteration, and Maintenance. The Purchaser agrees that the Purchaser will not intentionally destroy, damage, alter, modify, or change the Work in any way whatsoever. If any alteration of any kind occurs after receipt by the Purchaser, whether intentional or accidental and whether done by the Purchaser or others, the Work shall no longer be represented to be the Work of the Artist without the Artist’s written consent. The Purchaser agrees to see that the Work is properly maintained.
9. Repairs. All repairs and restorations which are made during the lifetime of the Artist shall have the Artist’s approval. To the extent practical, the Artist shall be given the opportunity to accomplish said repairs and restorations at a reasonable fee.
10. Tax and Personal Loss. The parties agree that the Artist is an independent contractor as that term is commonly used and is not an employee of the Purchaser or its subsidiaries. As such, the Artist is solely responsible for all taxes and none shall be withheld from the sums paid to them. The Artist acknowledges that they are not insured in any manner by the Purchaser or its subsidiaries for any loss of any kind whatsoever. The Artist has no authority, express or implied, to bind or obligate the Purchaser, or any of their partners in any way.
10. The laws of the State of Indiana shall govern this agreement.
The parties having read and understanding the foregoing terms of this commission agreement do by their respective signature dated below hereby agree to the terms thereof.
XXXXXXXX, Inc. ("Purchaser")
By: _______________________________ XXXXXX President, XXXXX
Date: _______________________________
XXXXXX XXXXXXX ("Artist")
By: _______________________________
Print Name: _______________________________
Date: _______________________________
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