We will liaise between the artist and the customer as and when it is appropriate, at the request of either the artist or the customer, throughout the course of the transaction. Check out this artist contract template in Apple Pages that will help you in case you wish to commission an artist to produce a work of art. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence. October 10 2017, by Holly Morrison Sample agreement provided by the Arts Law Centre of Australia. Liabilities: Commercial Purpose Commission Agreement: A Commission Agreement developed specifically for Commercial Purpose Commissions. Commercial use of the Commission will be decided on a case-by-case basis. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law ( http://copyright.gov/title17/ ). 2020. 13. 2 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service. A photograph or scan of the final drawing will be emailed to you when complete, for approval. 15. The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery. the person(s) enquiring about and commissioning the artwork. Do not dispose of any of the damaged packaging or artwork. 10. If there is a deadline for the drawing then you must make this clear at the enquiry stage. We will send to the artist a written confirmation upon receipt of the deposit amount, as agreed between the parties. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. If there is a dispute between the artist and the customer, regarding the final product meeting the agreed criteria, we will offer assistance on a case-by-case basis. 12. When setting the commissioned artwork price the artist shall take into account Artfinder’s fees in accordance with. Public Space: Offline locations that do not fall under “Personal Space” above. The Arts Law Centre of Australia provides sample agreements for artists and arts organisations to purchase from their website. The artist (also referred to as the “seller”) will respond to all enquiries from a customer in a timely, professional and cooperative manner. – ‘You’ refers to the Commissioning Party i.e. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. 11a. The artwork will not be reproduced for sale by the Artist and will only be used for promotional use and display on the website. 2) The Client can request the Artist to order a print via the Artist’s print shop, and have it shipped directly to the Artist – these prints will become part of a limited edition (numbered) run, and physically signed by the Artist; the Client is responsible for all shipment costs, including shipment from Artist to Client after the print is numbered and signed. The Artist can never fully guarantee that you will receive the drawing by the deadline so please bear this in mind and commission the portrait well in advance. Commissions are non-refundable due to their bespoke nature. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply. The artist will notify the Artfinder team of the agreed arrangement, from which point the final price will be fixed unless a change is agreed with the customer. Prices may change and offers may be withdrawn at any time. Artist’s obligation The artist (also referred to as the “seller”) will respond to all enquiries from a customer in a timely, professional and cooperative manner. An estimate of the turnaround time will be provided when commissioning. It is assumed that if photographs supplied as reference material are taken by a third party, and the copyright does not belong to the Commissioning Party, permission to use the photograph has been sought in advance of sending them to the Artist. However should the artist decide to create a replacement artwork, Artfinder will not collect another deposit unless otherwise agreed. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. If the artwork is unrepairable, you can arrange for a new drawing to be produced at the same cost as the original commission. This does mean however, that the drawing will not commence within 14 days of the commission date, so please bear this in mind when commissioning the artwork. If you choose to cancel the commission within this time, the deposit will be refunded to you in full. The artist is under no obligation to accept a return for a commissioned artwork, except in the event that the artwork reaches the customer damaged. The payment for the commission will be sent to the artist via their selected payment method in accordance with the. 4. Still need help? The Artist retains the copyright in the art work and you must obtain prior written permission from the Artist to: (i) copy the artwork; (ii) issue copies of the artwork to the public; (iii) rent or lend the artwork to the public; (iv) perform, show (exhibit) or play the artwork; (v) communicate the artwork to the public; and/or (vi) make an adaptation of the artwork. ); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein. Under no circumstances may the Client submit a Commission to any kind of contest. Terms: – ‘Artist’ refers to Kate Priestman/Kate Priestman Art/Kate Priestman Limited. Copyright © 2006-2020 Ginger Cooley (i am cooley ART); All Rights Reserved. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work. See the Art Law Journal’s Terms and Conditions and Disclaimer for more information on our policies regarding sample documents. The artist will follow the guidelines and specifications outlined by the Artfinder team, with regard to commissions and. The turnaround time for this will depend on the Artist’s workload at that time. Once the Client enters into a Commission Agreement with the Artist, it is assumed the Client has agreed to all Terms and Conditions. Reference Photographs: – ‘You’ refers to the Commissioning Party i.e. Prices may change and offers may be withdrawn at any time. Please note, the artist is under no obligation to proceed with the commission if they do not wish to be bound by these terms. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. This Agreement shall be subject to English law and any disputes referred to the English Courts. The Client must read and understand these terms before entering into a Commission Agreement with the Artist. By accepting to complete a commissioned order, the artist agrees to the following terms and conditions for sellers, in accordance with the Artfinder Seller Terms and Conditions. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc. Where drawings are produced using photographs supplied by you. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. You may not alter or modify the artwork without the Artist’s prior consent. framed/stretched/rolled in a tube. The artist will use Artfinder’s messaging system for all communication with the customer regarding the commission. Get to ensure the professional agreement between an artist and a client with this exclusive Artist Contract Template. If you are happy for the Artist to start on the drawing before the the 14 day cooling off period is complete, you must confirm this in writing. Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted. The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should their exist a violation in addition to a breach of these Terms of Service.