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Sample Commission Contract
This is an agreement between:
..............................................................................(The
artist/s or art centre - name, address and ABN number)
and .......................................................................(Commissioner
- name, address and ABN number)
who all agree to the following:
1. The Commissioned Work
The commission will consist of..................................................
(describe - note that account should be taken of artistic
license, so don't be too precise about the look of the work/s.)
2. Design
A design or sketch of the work/s will be prepared by the
artist/s for the Commissioner by............(date).
3. Approval
Approval, in writing, from the Commissioner will be sent
to the artist/s by.........................(date).
If the Commissioner wishes changes to be made by the artist,/s,
a fee of..............will be paid to the artist/s when the
changed design is delivered to the Commissioner.
4. Payment
The Commissioner will pay the artist/s the following:
A (non refundable) deposit of $................. .
Payment of $................. for the design upon completion
and approval
$...................... upon completion and delivery of
the work.
5. Completion of the Work
The final work will be completed by .......................(date)
unless prevented by unavoidable circumstances.
The Commissioner will accept the work/s unless the Commissioner
can show that the works are not substantially in accordance
with the high standards set by the artist/s in the past.
or
are not in accordance with the design
6. Changes to the work in progress
Any changes to the work/s in progress must be agreed to
in writing by both parties.
The Commissioner will be allowed reasonable access to the
work/s and artist/s while the work/s are in progress.
7. Delivery and Insurance
The Commissioner will pay for the delivery and of the work/s
(including appropriate packaging, insurance and freight)
to...............................(destination).
The artist/s will prepare the work/s for pick up and transport
to the Commissioner.
or
The Artist/s will create and install the Work at.............................(site).
The Commissioner will insure the work during transport and
installation.
Public Liability insurance cover will be taken out by the
Commissioner.
8. Title
Title of the design will reside with the Commissioner upon
payment for the design.
Title to the work/s will reside with the Commissioner upon
final payment for the work/s.
9. Copyright
Copyright in the works and accompanying documentation belongs
to the artist/s.
10. Credits
The Commissioner will ensure that the artists name, the
title of the painting,name of the art centre and a copyright
symbol will appear permanently on display with the work/s.
11. Maintenance and care of the work
The Commissioner will not alter or damage the work intentionally
in any way.
The Commissioner is responsible for the maintenance and
protection of the work/s once they have been delivered to
them.
If any restoration is required after delivery the Commissioner
will give the artist/s a reasonable fee.
12. Termination by the Artist
Termination of the agreement can be made by the artist/s
if the commissioner is more than ............(days, months)
late in payment.
The artist will be entitled to payment for all the work
completed up to the date of the termination of agreement
letter.
13. Termination by the Commissioner
If the Artist/s does not complete or deliver the work/s
the Commissioner will notify the artist/s of the breach of
contract in writing and the artist/s will have ......days
to complete and deliver the work/s.
If the work/s are not completed and delivered by this date,
the commissioner can terminate the agreement in writing and
is entitled to recover all the payments made to the artist/s.
Contract Alteration
This agreement constitutes the entire understanding of the
parties. It cannot be changed without the written permission
of both parties.
Disputes
Should any disputes arise concerning any matter referred
to in this contract, the dispute will be referred to the
arbitration of ..................................... by both
parties.
Signed by the artist/s
........................................(date)
Signed by the Commissioner
........................................(date) |
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