Commissions and Agreements

I'm not an artist or a lawyer but I do know that if you want to keep out of trouble it's best to have things in writing where money is concerned.

Below is a very simple agreement that every artist can use as is, or amend to suit your purpose. Remember, this is not meant to be a 47 page document of legal mumbo-jumbo, but a simple, one-two page agreement (sounds better than "Contract" but that's what it is). Keep it simple, keep it clear and easy to understand.

I feel these are the basic points you need to cover in any commission agreement and I'll explain a few of them so you are clear on why they are there. If you already use a contract/agreement and have some special point you feel should be included, please let us all know by commenting below.

1. Contact Details - 

• Name, address, phone, email for them
• Same for you
• Suggest best form of contact - EMAIL!!!! Keeps a good record. 
• If you must chat by phone - be professional, call during business hours unless requested otherwise - suggest they do the same.
• Do Not Take Change requests by phone - get them to email you.

2. The Concept - 

• The Devil is in the Detail, Learn all that you can about what they want.
• Ask lots of questions about the subject and how it is to be presented
• Do they have any reference photos to compare to or do they want something similar to work you’ve done before?
• What size do they think they want, does this work for you?
• Where will it be hanging?
• What colours/tones/textures do they imagine?
• Do they have a preferred medium and will that work for this piece?

Make LOTS of Notes. This doesn’t go in the agreement but can be attached to it.

3. The Artwork - 

• The previous questions may determine what substrate and medium is best.
• If it doesn’t you need to advise them of the options.
• Suggest which and why one might be better.
• Once this is decided, write it in the agreement.

Remember - if it’s written down and signed by both parties, there can be no argument or misunderstanding later.

4. Time Frame - 

• Do they have a deadline?
• Does it fit within your current workload?
• Can you do it comfortably, allowing for revisions?
• If you can’t do it because of other commitments, are they prepared to wait their turn?
• If they need to jump the queue, are they prepared to pay more for causing you to delay other clients? Is that something you can afford to do?
• Set dates for reviews and completion. Revisions fit in here too.
• Payment plans fit into these time frames - Give NO prices yet!

Remember - PRICE, SPEED, QUALITY - Pick any 2!

5. Revisions - 

• Do you allow revisions?
• Set the number of revisions if you do - DO NOT say “we can keep going until you love it” - you will NEVER WIN!
• Advise them of the cost for extra Revisions, beyond those agreed - see pricing later.
• Stick to what’s in the contract! If you’ve got the right information and done your reviews along the way, there should be little to argue about at the end.

Remember - Give them an inch and they will have you painting everything over and over and over!

6. Copyright

You have the legal right to use the artwork to create reproductions and generate more income for your business if you so desire. 

If they request that you don't do reproductions then they are essentially blocking you from earning income from your art. I recommend you have two pricing scales - a normal price where you maintain the right to do reproductions and a much higher price where exclusivity is requested.

If you are doing something like a family portrait, you can  generate add-on sales by offering them a limited edition of whatever number reproductions they need - one, three or 50 at an agreed price.

HERE'S THE IMPORTANT BIT… If they don't want to agree to this clause, then you have two choices… 

• Do not accept the assignment or
• Charge them extra for the privilege of keeping their image unique. Have a price list that gives them the option to pay the higher price for uniqueness. Remember, if reproducing your work and selling reproductions is standard practice in your business, then their request for you to not offer reproductions is costing you money!
• Most misuse is through a lack of education - It’s your job to educate them.
• You retain copyright of all artworks you create - explain what that means.
• They are not allowed to reproduce the artwork in any way without your express permission - and you rarely give that permission.
• You may provide a digital file for Social Media (with watermark) which they can use.
• You may SELL or LICENCE copyright - under certain circumstances. 

Remember - This is YOUR livelihood - YOUR income - do not let them take it away from you.

7. Exclusivity

• Let’s say they don’t want you to do reproductions, they want the only copy.
• If reproductions are your normal process and they want to deny you that opportunity that’s OK, they pay more for the original.
• We stiildon’t talk prices yet but you need a Price List that covers the Extras. The original Artwork should be quoted as a unique product as per the requirements of the client. 
• This section could also cover an Exclusive Edition of 1, 2, or as many copies as they want and it is a closed edition just for them - you maintain control and make extra income.

8A.  Pricing the Original

• Never give a price off the top of your head - Get back to them with a QUOTE after you have reviewed their needs.
• No public price list at all for Originals - Quote after consultation.
• Never give a price until you have ALL the information you need.
• Be sure to allow for GST or gallery commissions if they apply.
• Be clear when you present a price about exactly what is and isn’t included.
• Be firm on your price, believe in your work and yourself.

But don’t stop here…. There’s more to do….

8B.  Pricing the Extras - The Cream on Top

Here’s where you DO NEED a Price list - if it’s in writing, it’s real!

If you can make extra sales on top of what you are paid for the original it is EASY MONEY! The client is already there, you don’t need to find another one!

WHAT EXTRAS COULD YOU OFFER?

• A Frame for the artwork - know your costs, make a profit on it!
• Did you do a preliminary sketch? Is it good enough to sell?
• Have they seen your existing range of reproductions, crystal blocks etc?
• Personal Limited Editions of their Original for family, friends, colleagues, work?
• Licencing the image for commercial use by them.
• Sell the copyright - this is a biggie but not the norm!

8C. Payment Policy and Schedule -

The money is always the hardest part for most artists. You must get some payment up front to cover expenses and confirm the agreement. This should be called a "NON-REFUNDABLE FEE" which must be paid before the work will commence. Do not call it a deposit - deposits are refundable. I'd suggest a minimum of 30%, preferably 50% should be paid to start work. You are in business after all. So break it down into "Non-refundable Fee" and "Balance owing on Completion".

NOW - You can give them a price!

• Now you know what they want, what work you need to do, what products you are going to supply.
• Itemise it - lay out exactly what is on offer, don’t forget anything. Make it a formal quote as part of the agreement.
• Explain your 30-50% Non- refundable initial payment due now to commence the work.
• Explain the progress payments required at each stage of Review/Revise.
• Explain the process of Final Payment and when it is due.
• Finally…..

9. Right of Refusal. 

Ok, so what do you do if it all goes pear-shaped and they don't like it? Be prepared. Decide in advance how you will handle this situation. Have several options to offer them -
REPAINT - costs you more time and money and should only be required if you've completely stuffed up the brief.
RETOUCH - if there are only a few little things that concern them and you can fix them, do so. A happy client will talk about the trouble you went to getting it right.
RETREAT - If they decide they want out for whatever reason, and it will happen, then simply refer to Clause 8 in your agreement, say thanks very much, you keep the painting and the money paid so far. Retreat means that you keep the monies paid (Non-refundable fee) for the work done, you keep the painting to complete or sell as you see fit and they don't pay any balance.

Example of an Agreement

Custom Art Commission Agreement

This Agreement is made the _________ day of _____________ (month), _____________ (year),
by & between:

(The Artist) Name: ____________________________________________________________
Address: ________________________________________________________________
Phone: ___________________________ Email: _________________________________

And

(The Collector) Name: _________________________________________________________
Address: _________________________________________________________________
Phone: ____________________________ Email: _________________________________

Agreement between Artist & Collector as follows:

2. The Concept:

3. The Artwork:

4. Time Frame: 

5. Revisions :

6. Copyright:

The Artist retains copyright of all artworks produced, including preliminary sketches. No copies in any form are permitted without the express permission of the artist. An image will be supplied for social media use. 

7. Exclusivity: Pick one

Exclusive Artwork       or    Artist retains reproduction rights.

8. Payment Policy and Schedule

Non-Refundable Deposit - 50%   $               Due       /       /      Work commences on payment
Progress Payment - 25%               $               Due      /       /       Paid at viewing final draft
Final Payment                                $               Due     /       /        Paid on completion of artwork

9. Right of Refusal: In the event that you (the Collector) do not wish to complete the purchase the commissioned artwork for any reason, you may do so. The Artist will retain the refused artwork and the non-refundable fee. The Collector will owe no further monies to the Artist. The Artist may use the refused artwork in any way they see fit. 

Agreed to by both the Artist and Collector as per the date above.

____________________________________

Artist

____________________________________
Collector

So, have I missed anything? What are the "MUST HAVE" points in your agreements? Let us know.