BELOW IS A SAMPLE COMMISSION AGREEMENT.
AGREEMENT made between _________________________________ (hereinafter referred to as the “Artist”) located at ________________________________________, and ________________________________________ (hereinafter referred to as the “Purchaser”), located at ________________________________________________.
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. Definition of Work.
The Purchaser may, within two weeks of receipt of the final painting, demand changes, and the Artist shall make such changes for a fee of $_____________ per hour; provided, however, that the Artist shall not be obligated to work more than ________ hours making changes.
2. Progress Payments. Upon the Purchaser’s given written approval, the Artist agrees to proceed with the Work, and the Purchaser agrees to pay the price of $_______________ for the Work as follows: one-third upon giving of written approval to begin the Work; one-third upon the Artist’s acceptance of Purchaser’s design submissions which are necessary for the construction of the Work; and one-third upon the completion of the Work. Completion of the Work is to be determined by the Artist, who shall use the Artist’s professional judgment to deviate from any preliminary designs or submissions by the Purchaser. The Purchaser shall have a right to inspect the Work in progress upon making reasonable notice to the Artist.
3. Date of Delivery. The Artist agrees to complete the work within ___________ days of receiving the Purchaser’s written approval of the preliminary design. This completion date shall be extended for such period of time as the artist may be disabled by illness preventing progress of the Work. The completion date shall also be extended in the event of delays caused by events beyond the control of the Artist, including but not limited to fire, theft, strikes, shortages of materials, and acts of God. Time shall not be considered of the essence with respect to the completion of the Work.
4. Shipping and Installation. The Artist does not provide installation of the Work. The Purchaser agrees to see that the Work is properly installed, and in the event of any loss caused by installation of the Work, the Purchaser is solely responsible for any repair or replacement costs. Upon completion of the Work, it shall be shipped, and insured against loss within the continental US at the expense of the Artist to the following address specified by the Purchaser: _____________________________________________________________________________.
In the event of loss during delivery, the insurance proceeds shall be used to recommence the making of the Work. International shipping rates and fees will be determined by the delivery address provided by the Purchaser, and the Purchaser agrees to be responsible for any additional shipping costs exceeding $300.00.
5. Termination. This agreement may be terminated on the following conditions:
(A) If, prior to the preliminary design meeting, the Purchaser does not wish to proceed with the Work, this Agreement shall be terminated. The Purchaser must return items and supplies in unused condition within 30 days of purchase date and are subject to the cost of shipping and a 15% administration fee.
(B If, after the first meeting with the Artist, the Purchaser does not approve moving forward with the preliminary designs, the Artist shall keep all payments made and this Agreement shall terminate.
(C) The artist shall have the right to terminate this Agreement in the event the Purchaser is more than sixty (60) days late in making any payments due, however, nothing herein shall prevent the Artist bringing suit based on the Purchasers breach of contract.
(D) The Purchaser shall have the right to terminate this Agreement if the Artist fails without cause to complete the Work within (120) days of the date the preliminary designs were accepted by the Artist. In the event of termination, the Artist shall return to the Purchaser, all previous payments, but shall not be liable for any additional expenses, damages or claims of any kind based on the failure to complete the Work.
(E) The Purchaser shall have a right to terminate this Agreement, IF illness of the Artist causes a delay of more than six months in the completion date or if events beyond the Artist’s control cause a delay of more than one year in the completion date, provided, however, that the Artist shall retain all payments made prior to termination.
(F) This Agreement shall automatically terminate on the death of the Artist, provided, however, that the Artist’s estate shall retain all payments previously received.
(G) The exercise to a right of termination under the terms of subparagraphs (A), (B), (C), (D), (E), (F), shall be written and set forth the grounds for termination.
6. Ownership. Title to the Work shall remain with the Artist until the Artist is paid in full. In the event of termination of this Agreement pursuant to Subparagraphs (A), (B), (C), (D) of Paragraph 5, the Artist shall retain all rights of ownership in the Work and shall have the right to complete, exhibit and sell the Work, if the Artist so chooses. In the event of termination of this Agreement pursuant to Paragraph 5 (E) or (F) the Purchaser shall own the Work in whatever degree of completion and shall have the right to complete, exhibit, and sell the Work if the Purchaser chooses. Notwithstanding anything to the contrary herein, the Artist shall retain all rights of ownership and have returned to the Artist the preliminary design, all incidental works made in the creation of the Work and all copies and reproductions thereof and of the Work itself, provided, however, that in the event of termination pursuant to Paragraph 5 (E) or (F) the Purchaser shall have a right to keep copies of the preliminary design for the sole purpose of completing the Work.
7. Copyright. The Artist reserves all rights of reproduction and all copyrights in the Work, the preliminary design, and any incidental works made in the creation of the Work. Copyright notice in the name of the Artist shall appear on the Work, and the Artist shall also receive authorship credit in connection with the Work or any reproductions thereof. Work. Images and/or descriptions of the Work may not be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the Artist, except that the Purchaser may, without the Artist's permission, include photographic images of the Work in the Purchaser's internal publications and on the Purchaser's web site.
8. Privacy. The Purchaser gives to the Artist permission to use the Purchaser’s name, picture, portrait, and photograph, in all forms and media and in all manners, including by not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Purchaser’s rights of privacy or any other personal proprietary rights the Purchaser may possess in connection with reproduction and sale of the Work, the preliminary design, or any incidental works made in the creation of the Work.
9.. 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 of 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.
10. 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, pursuant to at a reasonable fee.
11. Possession. The Purchaser agrees that the Artist shall have the right of possession of the Work for a period not to exceed sixty (60) days for the purpose of exhibition of the Work to the public, at no expense to the Purchaser. The Artist shall provide proof of sufficient insurance and prepaid transportation. The Artist shall have such right of possession for one period not to exceed sixty (60) days every five years.
12. Non-Assignability. Neither party hereto shall have the right to assign this Agreement without the prior written consent of the other party. The Artist shall, however, retain the right to assign monies due to the Artist under the terms of this Agreement.
13. Heirs and Assigns. This agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives, and references to the Artist and the Purchaser shall include their heirs, successors, assigns, and personal representatives.
14. Integration. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties.
15. Waivers. A waiver of other breach of any of the provisions of this Agreement shall not be construed as continuing waiver of other breaches of the same or other provisions hereof.
16. Notices of Changes of Address. All notices shall be sent to the Artist at the following address: ___________________________________________ and to the Purchaser at the following address: ___________ ______________________________. Each party shall give written notification of any change of address prior to the date of said change.
17. Governing Law. This Agreement shall be governed by the laws of the State of ____________. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date set forth below.
Purchaser’s Authorized Representative Date
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