Standard Art Commission Contract: (mine is concise at two pages long) Always include your contact information, signature logo or image of your work, an artist commission statement (1-2 sentences), client contact information and commission details.
Commission Details: An important paragraph outlining specifics of the actual commission. Include medium, canvas size, anticipated delivery date, actual delivery date space, space for a photo of finished painting, full price amount (including sales tax), deposit amount (non-refundable).
Artist Commission Statement: Note details from the conversation with your client, if the pooch is going to wear a requested blue collar, or the house commission must include the front hedges, or the beach must be painted at sunset.
Deposit: Require 50% down, non-refundable, paid in full, clearing your bank account, before you lay brush to canvas.On internet orders, where I don't get to meet the client, I ask for full payment upfront.
I prefer PayPal or check. No money orders.
Commission Presentation: Will you provide a sketch for approval? This usually takes place over email if the client is out of state. Will you show them your commission 'in process"? I say "no" to this one as it opens a whole can of worms from the fairytale forest floor.
Expect to have to make changes or don't do commissions.
Making Changes: Art commissions are team work including you, the client and perhaps an agent. Although I have not had a commission rejected in nearly 25 years of working with clients, I implemented a change policy after a painting came back years later for me to change the hands. I give a two-week grace period during which I will happily make reasonable changes completely free of charge. Beyond the grace period, I charge $150 an hour for revisions. This encourages clients to get back to you before the grace period is over.
PayPal is the preferred method of payment for online inquiries, scammers run for the hills when you mention this method.
Payment: Payment is due at the time the final invoice is received, not on receipt of painting. I submit the invoice for final payment when the client has approved and signed off on the painting, usually via email.
Shipping, packing, delivery, framing and travel insurance are NOT INCLUDED (unless you want to pay for this, or part of it). The canvas becomes the sole property of the client when it leaves your studio door. Client assumes financial responsibility for shipping AND travel insurance.
Copyright Notice: The artist reserves all copyrights until 50 years after their death. The painting may not be reproduced for profit as painting duplicates, notecards, book covers etc. without written permission from the artist. The artist may reproduce the work for promotional purposes and further copies for sale. I had to enforce this copyright a couple of times with internet image "borrowers", once for a book cover and the other was a notecard. See the witch come out of me then!
Disputes: This is my exact wording that the late marketing guru Calvin Goodman suggested: "In the unlikely event of any dispute between the parties exceeding a value which can be resolved in the appropriate Small Claims Court, the matter shall be settled by arbitration in accord with the laws of California (where I live) and within the rules of The American Arbitration Association, The parties shall share the cost of arbitration equally." Feel free to use it and adjust it to your state laws.
Non-payment: Lastly, if the client doesn't pay up the balance, it's good to point out the commission remains in your possession with the right to resell to another buyer.
I am confident these tips will help you and your clients stay far away from the dense dark woods and find the happy ending you're looking for. Watch for more blogs on Model Contracts and Shipping Tips, and be sure to share your comments.
