Stephani Stephenson on mon 30 jun 03
following is a sample contract from a book called "Making it Legal: A
Law Primer for Authors, Artists and Craftspeople", by Martha Blue. I
have never had to test this in court. I usually modify it to suit the
circumstances... for example,usually I go with 50% up front and 50%
payment on completion, rather than the 1/3,1/3,1/3.
Also I usually add a note about client design modifications....if or
how modifications or requests from client will be handled... will they
lengthen the lead time, will you charge for them, will they be
unacceptable after a certain time, etc.. also with regard to
installation. I usually am not involved in installation, but in one case
I was responsible and added the following notes "
* INSTALLATION (Sample modifications of contract, in this case the
artist paid a tilesetter to do tile installation)
Collector will be responsible for preparing or readying the actual site
Artist and collector will consult on details of above preparations
Artist and collector will consult on arrangements for lighting of the
Collector is responsible for installation of lighting and costs
associated with lighting installation and operation .
Artist will be responsible for installing tile mural onto suitable
prepared surface and costs associated with such. Artist will utilize
services of licensed tile setter of artist's choosing to do so.
anyway, the main value of this is that it allows you to go over some
crucial areas..... and is a way to clarify responsibilities, etc.....
On this .... day of... ,19___________, ____________________ has selected
the design and given the final approval for ________________________ to
proceed with the creation of this work of art:
Approximate size upon completion:
Description of the Art Work:
Scope of the artists work:
Collector is responsible for:
1.PROGRESS SCHEDULE AND PAYMENTS: Collector agrees to pay artist one
-third (1/3) of the cost of the Work
($ ________), at this time or within ten days.
Collector agrees to pay an additional one -third (1/3) of the cost of
the Work when the Work is approximately (2/3) completed. Documentation
of the progress of the work may be made by photographs of the work or
by the personal inspection of the Collector at the discretion of the
Upon nearing completion of the Work the Artist will give the
Collector________ (__) days advance notice of specific date of delivery
so that the collector will be ready to receive the Work, make the final
payment ($__________) and sign the AGREEMENT OF ORIGINAL TRANSFER OF
WORK OF ART.
A. It is hereby understood and agreed that it may not be possible
to create the Work exactly as depicted in the design, and the Artist
shall only be bound to use their best aesthetic judgment to create the
Work according to the style and intent of the design . The artist is
hereby free to make design modifications as the work progresses.
2. FINAL DELIVERY. The parties agree that final delivery of the work
will be made on or about ________________. The artist will make every
effort to honor and meet the deadline. It is agreed, however, that this
delivery date is an estimate only and that Artist shall not be
responsible for any general, special or consequential damages for
failing to deliver by this date, The artist will immediately notify
collector of any delay occurring or anticipated.
3. INSTALLATION. * (SEE NOTE BELOW) The parties agree that the Artist
is not responsible for on site installation of the Work, or costs
associated with installation. The Artist does agree to communicate and
coordinate with installer to ensure successful installation.
4. DELAYED PAYMENTS. In the event the Collector fails to make the
progress payments when due, interest at the rate of 3/4 % (3/4%) per
month month shall be assessed against the unpaid balance due. In
addition, the Artist has the right to retain all previous payments plus
all rights to the work, until full payment is made. It is understood
that delay of any payment may proportionately extend the time required
to complete the work.
5. TERMINATION OF AGREEMENT. If Collector does not find the work as it
progresses fulfilling his /her expectations or needs and therefore
wishes to terminate the agreement, Collector shall immediately notify
the Artist of the termination. The artist shall therefore be entitled to
retain all payments which Artist has received or was entitled to receive
pursuant to this agreement prior to such notification. Further, the
Artist shall retain all rights to the concept, design and work itself,
including the right to complete, exhibit and sell the Work.
5. TRANSFER OF WORK OF ART. It is hereby stated and acknowledged that
Artist retains all rights and title to the work until final payment has
been received and the AGREEMENT OF ORIGINAL TRANSFER OF WORK OF ART has
been duly completed and signed by the parties.
6. ATTORNEY'S FEES. In any proceeding to enforce any part of the this
contract, the aggrieved party shall be entitled to reasonable attorneys’
fees in addition to any available remedy.
IN WITNESS WHEREOF the parties have hereunto set their hands