CUSTOM ART COMMISSION AGREEMENT
This Agreement is made on the day, month and year a full deposit is paid by the Client (or “PATRON”) to the Proprietor (or “ARTIST”) according to the terms gathered in a series of email exchanges between the Patron and the Artist beginning **/**/**** as set forth below.
Deane M. Rabe
The Artist and Patron agree to the following terms:
1. CONCEPT: The Patron is commissioning the Artist to paint a custom piece of fine art as follows:
Image Provided by Patron: *(Y/N)
Estimated Size (select one): * Small: $300 – $360 (16”x20”, 18”x 18”, 20”x20”)
* Medium: $400 – $560 (18”x24”, 18”x36”, 20”x30”, 24”x 24”)
* Large: $600 – $740 (20”x40”, 24”x30”, 24”x36”, 30”x30”)
* XLarge: $960 – $1250 (24”x48”, 30”x40”, 36”x36”, 40”x40”)
Materials: Original artwork on high quality stretched canvas, gallery wrapped (1½” depth, painted) with oil paint, varnished and ready to hang (hardware included).
2. COPYRIGHT: The Artist retains the copyright to all commissioned works, including all reproduction rights and the right to claim statutory copyright. Commissioned artwork is not considered “work for hire” unless agreed to in writing before the work begins. No commissioned artwork may be duplicated, reproduced, modified, archived or destroyed without the written consent of the Artist. The Artist will receive credit by name in any reproductions, published illustrations and photographs of the commissioned artwork, and the right of the Artist to sign and have his signature displayed in all reproductions remains intact unless otherwise agreed to in writing. The Artist retains the right to use the image of the commissioned artwork on the Artist’s website, in portfolios or promotional materials, and to commercially sell reprints. It is understood that the commissioned artwork will be used for private and non-commercial use without a separate Agreement that clearly articulates additional compensation terms. For privacy reasons, does the Patron want to request certain restrictions to the terms of this standardized agreement as articulated below? *(Y/N)
If “Yes,” the Artist and the Patron additionally agree, due to privacy concerns, to the following copyright restrictions for this particular piece of custom artwork:
- The Artist may NOT use images of the aforementioned commissioned artwork for any marketing or resale purposes. All images involved in the creation of the commissioned artwork, including the completed artwork, will be kept private by the Artist and his respective employees, agents, affiliates and contractors and, as such, will not be available for public or private viewing.
- The Artist cannot be held responsible for any damages accrued from the Patron sharing such images to any other party in any form.
- All other conditions of Copyright provisions articulated above remain intact.
- This accommodation will result in a 20% upcharge to the standard cost of the custom artwork.
3. RUSH ORDER: Does the Patron require the completed artwork within sixty (60) calendar days? *(Y/N)
If “Yes,” please note that an additional charge may be applied. Otherwise, you can expect shipment of the final painting between sixty (60) to ninety (90) days from the date this agreement is executed (i.e., deposit submitted) to allow time for creation, drying and varnishing.
4. SHIPPING: Will the Patron need the final painting commercially (UPS) shipped? *(Y/N)
Arrangements can be made for hand delivery in the greater Chicagoland area, either at a location of the Patron’s choosing or a mutually agreed upon site. If the Artist is required to travel more than 5 miles, an additional fee may be applied (though most likely totaling less than commercial shipping). Would the Patron be interested in arranging a hand delivery arrangement? *(Y/N)
5. RIGHT OF APPROVAL: Within 10 business days of receiving Part I above, the Artist will provide an electronic “Concept Proposal” of the final commissioned artwork along with an estimated base price, shipping fee, privacy upcharge, and rush order fee (if the latter two are desired by the Patron). The Patron will have five (5) business days to respond with any proposed changes if necessary. Within five (5) business days, the Artist will propose a revised image if necessary. This cycle shall continue until the Patron agrees to the final concept. Note that multiple revisions may cause a reasonable extension to the final timeline articulated below.
6. CONCEPT PROPOSAL ACCEPTANCE: The Patron agrees to the terms presented in the most recent “Concept Proposal,” including the basic design of the image, proposed size, and estimated cost (including additional fees for complexity, privacy considerations, shipping fees and/or rush order requirements): * (Y/N)
7. FINAL SIZE & BASE PRICE: Based on the “Concept Proposal” agreed upon by the Patron, the final custom painting will be **” x**” x 1½” in size and at a base price of $***(USD)
8. ADDITIONAL FEES & TERMS: The Patron agrees to pay the following additional charges (all in USD):
a. Shipping Fee:
Commercial (UPS) $** TO: Patron’s Address Listed Above
Hand Delivery $** TO: *
b. Concept Complexity: $**
c. Privacy Considerations: $**
d. Rush Order: $**
e. Additional Terms: *
f. Applicable Taxes: *
Any changes or additions to the commissioned artwork not due to the fault of the Artist will be reasonably billed as an additional and separate charge. There will be no charges to the Patron for revisions made necessary by errors on the part of the Artist.
9. TOTAL PAYMENT AMOUNT: The Artist and Patron agree upon a final selling price of $*** (USD), tax included.
10. FINAL TIMELINE: The time needed to create a commissioned piece of artwork varies on the concept’s complexity, materials and drying conditions. For example, oil paint requires at least one (1) month in optimal conditions to dry enough for responsible shipping (and requires several additional months after arrival to fully cure), and varnish requires extra drying time as well. The Artist estimates that the Patron’s artwork will be ready to ship by **/**/****. The Artist shall notify the Patron of any anticipated delay in delivery. Should the Artist fail to keep the timeline through unreasonable delays or non-conformance with agreed specifications, it should be considered a breach of Agreement by the Artist. Should the agreed timetable by delayed by the Patron’s failure, the Artist shall endeavor to adhere as closely as possible to the original schedule as other commitments permit.
11. RIGHT OF REFUSAL: In the event that the Patron does not wish to purchase the commissioned artwork, the Patron may refuse, on an individual basis, each created artwork. In such an event, the Artist will retain the refused artwork and the non-refundable deposit free of any claims or interests of the Patron, and the Patron will not owe any additional fees to the Artist. A refusal will not affect the purchase price of any future commissioned works by the Patron. Refused artwork remains the property of the Artist and, as such, may be used or sold at the Artist’s full discretion.
12. ATTORNEY FEES: In any proceedings to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney’s fees in addition to any reasonable remedy.
13. PAYMENT SCHEDULE: A non-refundable deposit of 50% ($***USD) is required before the artwork begins. You will be invoiced the balance by email at this time the painting is ready for shipping. Your Custom Art Agreement Number is:***. Please use this number to make your deposit payment in the www.CorbeauAtelier.org website store (http://www.corbeauatelier.org/store/?category=Custom+Artwork) to execute this Agreement in accordance with all terms set forth above. In other words, by making a deposit, you are agreeing to the terms of Agreement in full according to the details as articulated above.
Once your deposit is received, the Artist will begin working on your painting. Once it is ready for delivery, you will receive an email notice including a photograph of your painting along with instructions on how to make your final payment.
Thank you for engaging in this contracting process. Though perhaps tedious and time-consuming, it is done to ensure that you are fully satisfied with the purchase of your custom artwork. If you have any questions, comments or concerns, please do not hesitate to contact me at the contact information listed below.
Deane M. Rabe