[George924]

Here are some of the contracts I use that you may find helpful...

Contract for the Sale of an Artwork

AGREEMENT made as of the ______ day of ____________, 20______, between _________________________________ (hereinafter referred to as the “Artist”), located at ___________________________________________________________ ___________________________, and ___________________________________________ (hereinafter referred to as the “Collector”), located at ________________________________________________________________, with respect to the sale of an artwork (hereinafter referred to as the “Work”).

WHEREAS, the Artist has created the Work and has full right, title, and interest therein; and
WHEREAS, the Artist wishes to sell the Work; and
WHEREAS, the Collector has viewed the Work and wishes to purchase it;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations, covenants, and conditions hereinafter set forth, and other valuable considerations, the parties hereto agree as follows:

1. Description of Work. The Artist describes the Work as follows:

Title: ____________________________________________________

Medium: _________________________________________________

Size: _____________________________________________________

Framing or Mounting: ______________________________________

Year of Creation: __________________________________________

Signed by Artist: [ ] Yes [ ] No

If the Work is part of a limited edition, indicate the method of production ____________________; the size of the edition_________; how many multiples are signed_________; how many are unsigned____________; how many are numbered_______; how many are unnumbered_______; how many proofs exist_______; the quantity of any prior editions______; and whether the master image has been cancelled or destroyed [ ] yes [ ] no.

2. Sale. The Artist hereby agrees to sell the Work to the Collector. Title shall pass to the Collector at such time as full payment is received by the Artist pursuant to Paragraph 4 hereof.

3. Price. The Collector agrees to purchase the Work for the agreed upon price of $________________, and shall also pay any applicable sales or transfer taxes.

4. Payment. Payment shall be made in full upon the signing of this Agreement.

5. Delivery. The [ ] Artist [ ] Collector shall arrange for delivery to the following location: ________________________ _________________________________________ no later than ____________________, 20 ______. The expenses of delivery (including, but not limited to, insurance and transportation) shall be paid by ______________________.

6. Risk of Loss and Insurance. The risk of loss or damage to the Work and the provision of any insurance to cover such loss or damage shall be the responsibility of the Collector from the time of _________________________________________ _______________________________________________________________________.

7. Copyright and Reproduction. The Artist reserves all reproduction rights, including the right to claim statutory copyright, in the Work. The Work may not be photographed, sketched, painted, or reproduced in any manner whatsoever without the express, written consent of the Artist. All approved reproductions shall bear the following copyright notice: © by (Artist’s name) (Year____).

8. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of _________________.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above.

Artist ________________________________________ Collector ____________________________________________

 

[George924]

Invoice for the Sale of an Artwork

Invoice for the Sale of an Artwork


Artist’s name:_________________________________________________ Date:______________________

Artist’s address:__________________________________________________________________________

_______________________________________________________________________________________

Artist’s telephone:________________________________________________________________________

Purchaser’s name:________________________________________________________________________

Purchaser’s address:______________________________________________________________________

______________________________________________________________________________________

Purchaser’s telephone:____________________________________________________________________

This invoice is for the following Artwork created by the Artist and sold to the Purchaser:

Title:___________________________________________________

Medium:________________________________________________

Size:___________________________________________________

Framing or Mounting :____________________________________

Year of creation:_________________________________________

Signed by Artist: [ ] Yes [ ] No

If the Work is part of a limited edition, indicate the method of production _______________________; the size of the edition_____________; how many multiples are signed______________; how many are unsigned__________; how many are numbered___________; how many are unnumbered__________; how many proofs exist__________; the quantity of any prior editions_____________; and whether the master image has been cancelled or destroyed [ ] yes [ ] no.

Price..................................................... $__________________

Delivery................................................ $__________________

Other charges...................................... $__________________

Sales or Transfer Tax (if any)............... $__________________

Total..................................................... $__________________


[ ] Please remit the balance due. o Paid in full. Thank you.


Artist _________________________________________________

 

[George924]

Contract to Commission an Artwork Page One

Contract to Commission an Artwork

AGREEMENT made as of the ______ day of _________, 20 _____, between __________________________________ (hereinafter referred to as the “Artist”), located at _________________________________________________________ and _________________________________________________ (hereinafter referred to as the “Purchaser”), located at _____________________________________________.

WHEREAS, the Artist is a recognized professional artist; and
WHEREAS, the Purchaser admires the work of the Artist and wishes to commission the Artist to create a work of art (“the Work”) in the Artist’s own unique style; and
WHEREAS, the parties wish to have the creation of this work of art governed by the mutual obligations, covenants, and conditions herein;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:

1. Preliminary Design. The Artist hereby agrees to create the preliminary design for the Work in the form of studies, sketches, drawings, or maquettes described as follows: ____________________________________ in return for which the Purchaser agrees to pay a fee of $_________ upon the signing of this Agreement. The Artist agrees to develop the preliminary design according to the following description of the Work as interpreted by the Artist:

Title________________________________ Medium___________________________________

Size________________________________ Price______________________________________

Description_______________________________________________________________________

________________________________________________________________________________

The Artist shall deliver the preliminary design to the Purchaser within _______ days of the date hereof. The Purchaser may, within two weeks of receipt of the preliminary design, demand changes, and the Artist shall make such changes for a fee of ________ per hour; provided, however, that the Artist shall not be obligated to work more than _________ hours making changes.

2. Progress Payments. Upon the Purchaser’s giving written approval of the preliminary design, the Artist agrees to proceed with construction of the Work, and the Purchaser agrees to pay the price of $______________ for the Work as follows:________% upon the giving of written approval of the preliminary design, _________% upon the completion of ________% of the construction of the Work, and ________% upon the completion of the Work. The Purchaser shall also promptly pay the following expenses to be incurred by the Artist in the course of creating the Work: __________ __________________________________________________________________________________________________ _______________________________________. The Purchaser shall pay the applicable sales tax, if any, with the final progress payment. Completion of the Work is to be determined by the Artist, who shall use the Artist’s professional judgment to deviate from the preliminary design as the Artist in good faith believes necessary to create the Work. If, upon the Artist presenting the Purchaser with written notice of any payment being due, the Purchaser fails to make said payment within two weeks of receipt of notice, interest at the rate of _____% shall accrue upon the balance due. The Purchaser shall have a right to inspect the Work in progress upon reasonable notice to the Artist.

3. Date of Delivery. The Artist agrees to complete the Work within _______ days of receiving the Purchaser’s written approval of the preliminary design. This completion date shall be extended for such period of time as the Artist may be disabled by illness preventing progress of the Work. The completion date shall also be extended in the event of delays caused by events beyond the control of the Artist, including but not limited to fire, theft, strikes, shortages of materials, and Acts of God. Time shall not be considered of the essence with respect to the completion of the Work.

4. Insurance, Shipping, and Installation. The Artist agrees to keep the Work fully insured against fire and theft and bear any other risk of loss until delivery to the Purchaser. In the event of loss caused by fire or theft, the Artist shall use the insurance proceeds to recommence the making of the Work. Upon completion of the Work, it shall be shipped at the expense of __________________________ to the following address specified by the Purchaser: ____________________________ ___________________. If any special installation is necessary, the Artist shall assist in said installation as follows: ______________________________________________________________________.

5. Termination. This Agreement may be terminated on the following conditions:

 

[George924]

Contract to Commission an Artwork Page Two

(A) If the Purchaser does not approve the preliminary design pursuant to Paragraph 1, the Artist shall keep all payments made and this Agreement shall terminate.

(B) The Purchaser may, upon payment of any progress payment due pursuant to Paragraph 2 or upon payment of an amount agreed in writing by the Artist to represent the pro rata portion of the price in relation to the degree of completion of Work, terminate this Agreement. The Artist hereby agrees to give promptly a good faith estimate of the degree of completion of the Work if requested by the Purchaser to do so.

(C) The Artist shall have the right to terminate this Agreement in the event the Purchaser is more than sixty days late in making any payment due pursuant to Paragraph 2, provided, however, nothing herein shall prevent the Artist bringing suit based on the Purchaser’s breach of contract.

(D) The Purchaser shall have the right to terminate this Agreement if the Artist fails without cause to complete the Work within ninety days of the completion date in Paragraph 3. In the event of termination pursuant to this subparagraph, the Artist shall return to the Purchaser all payments made pursuant to Paragraph 2, but shall not be liable for any additional expenses, damages, or claims of any kind based on the failure to complete the Work.

(E) The Purchaser shall have a right to terminate this Agreement if, pursuant to Paragraph 3, the illness of the Artist causes a delay of more than six months in the completion date or if events beyond the Artist’s control cause a delay of more than one year in the completion date, provided, however, that the Artist shall retain all payments made pursuant to Paragraphs 1 and 2.

(F) This Agreement shall automatically terminate on the death of the Artist, provided, however, that the Artist’s estate shall retain all payments made pursuant to Paragraphs 1 and 2.

(G) The exercise of a right of termination under this Paragraph shall be written and set forth the grounds for termination.

6. Ownership. Title to the Work shall remain in the Artist until the Artist is paid in full. In the event of termination of this Agreement pursuant to Subparagraphs (A), (B), (C), or (D) of Paragraph 5, the Artist shall retain all rights of ownership in the Work and shall have the right to complete, exhibit, and sell the Work if the Artist so chooses. In the event of termination of this Agreement pursuant to Paragraph 5 (E) or (F), the Purchaser shall own the Work in whatever degree of completion and shall have the right to complete, exhibit, and sell the Work if the Purchaser so chooses. Notwithstanding anything to the contrary herein, the Artist shall retain all rights of ownership and have returned to the Artist the preliminary design, all incidental works made in the creation of the Work, and all copies and reproductions thereof and of the Work itself, provided, however, that in the event of termination pursuant to Paragraph 5 (E) or (F) the Purchaser shall have a right to keep copies of the preliminary design for the sole purpose of completing the Work.

7. Copyright. The Artist reserves all rights of reproduction and all copyrights in the Work, the preliminary design, and any incidental works made in the creation of the Work. Copyright notice in the name of the Artist shall appear on the Work, and the Artist shall also receive authorship credit in connection with the Work or any reproductions of the Work.

8. Privacy. The Purchaser gives to the Artist permission to use the Purchaser’s name, picture, portrait, and photograph, in all forms and media and in all manners, including but not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Purchaser’s rights of privacy or any other personal or proprietary rights the Purchaser may possess in connection with reproduction and sale of the Work, the preliminary design, or any incidental works made in the creation of the Work.

9. Non-Destruction, Alteration, and Maintenance. The Purchaser agrees that the Purchaser will not intentionally destroy, damage, alter, modify, or change the Work in any way whatsoever. If any alteration of any kind occurs after receipt by the Purchaser, whether intentional or accidental and whether done by the Purchaser or others, the Work shall no longer be represented to be the Work of the Artist without the Artist’s written consent. The Purchaser agrees to see that the Work is properly maintained.

10. Repairs. All repairs and restorations which are made during the lifetime of the Artist shall have the Artist’s approval. To the extent practical, the Artist shall be given the opportunity to accomplish said repairs and restorations at a reasonable fee.

11. Possession. The Purchaser agrees that the Artist shall have the right to possession of the Work for up to ______ days every ______ years for the purpose of exhibition of the Work to the public, at no expense to the Purchaser. The Artist shall give the Purchaser written notice at least ______ days prior to the opening and provide proof of sufficient insurance and prepaid transportation.

 

[George924]

Contract to Commission an Artwork Page Three

12. Non-Assignability. Neither party hereto shall have the right to assign this Agreement without the prior written consent of the other party. The Artist shall, however, retain the right to assign monies due to the Artist under the terms of this Agreement.

13. Heirs and Assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives, and references to the Artist and the Purchaser shall include their heirs, successors, assigns, and personal representatives.

14. Integration. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties.

15. Waivers. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.

16. Notices and Changes of Address. All notices shall be sent to the Artist at the following address: _________________ _______________________________________________________________ and to the Purchaser at the following address: _____________________________________________________________________________. Each party shall give written notification of any change of address prior to the date of said change.

17. Governing Law. This Agreement shall be governed by the laws of the State of ________________________.

IN WITNESS WHEREOF, tthe parties hereto have signed this Agreement as of the date first set forth above.

Artist______________________________________ Purchaser________________________________________

 

[George924]

Release Form for Models

Release Form for Models

In consideration of ___________________________________________________ Dollars ($________________), receipt of which is acknowledged, I, _____________________________, do hereby give ________________________________, his or her assigns, licensees, and legal representatives the irrevocable right to use my name (or any fictional name), picture, portrait, or photograph in all forms and media and in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and I waive any right to inspect or approve the finished version(s), including written copy that may be created in connection therewith. I am of full age.* I have read this release and am fully familiar with its contents.


Witness___________________________________ Model___________________________________________

Address__________________________________ Address_________________________________________

Date ___________, 20____​

Consent (if applicable)​

I am the parent or guardian of the minor named above and have the legal authority to execute the above release. I approve the foregoing and waive any rights in the premises.


Witness__________________________________ Parent or Guardian_______________________________

Address__________________________________ Address_________________________________________

​

Date ___________, 20____​

* Delete this sentence if the subject is a minor. The parent or guardian must then sign the consent.

 

[George924]

Permission Form

Permission Form

The Undersigned hereby grant(s) permission to ________________________________________________ (hereinafter referred to as the “Artist”), located at __________________________________________________________________, and to the Artist’s successors and assigns, to use the material specified in this Permission Form for the following artwork, book, or other project ___________________________________________________________________________ .

This permission is for the following material:

Nature of material ___________________________________________________________________________________

Source ____________________________________________________________________________________________

Exact description of material, including page numbers_______________________________________________________

If published, date of publication _____________________________

Publisher _______________________________________________

Author(s) _______________________________________________

This material may be used for the artwork, book, or project named above and in any future revisions, derivations, or editions thereof, including nonexclusive world rights in all languages.

It is understood that the grant of this permission shall in no way restrict republication of the material by the Undersigned or others authorized by the Undersigned.

If specified here, the material shall be accompanied on publication by a copyright notice as follows________________ __________________________________________________________________________________________________ and a credit line as follows ____________________________________________________________________________.

Other provisions, if any: ______________________________________________________________________________

If specified here, the requested rights are not controlled in their entirety by the Undersigned and the following owners must be contacted: _______________________________________________________________________________________
__________________________________________________________________________________________________

One copy of this Permission Form shall be returned to the Artist and one copy shall be retained by the Undersigned.


___________________________________________________ _________________________________
Authorized Signatory Date


___________________________________________________ _________________________________
Authorized Signatory Date

 

[George924]

These are the ones I use most often especially the Permission and Commission forms...

Just Highlight the text, copy and paste into your text editor or word processor. If you are looking for something other than these I have several others.

 

[sherina1934]

Hi George, I know this is an older post but it raised a question for me and maybe you could answer it. How does one go about insuring art with no track record of sales. What is the formula for I guess apprasals? Thanks.

 

[George924]

That's a great question, here is a great place to start. http://www.fracturedatlas.org/site/liability/ they have plenty of links to such insurance agencies specializing for the arts. I have my art and studio under my insurance policy, it is very similar to homeowners insurance. Basically every thing is covered. Individual piece not really for certain, although when I ship my art via carrier I use their insurance that they offer depending upon the piece.

This site is in with the links from the one above...I thought was interesting. http://www.fracturedatlas.org/site/liability/

I don't insure individual pieces so I can't really answer how to go about a formula...although If I was hanging this in a gallery or other venue I ask if they have insurances to cover in case of theft or damage but most of the time my studio insurance covers that.

 

[sherina1934]

Thankls George, I'll check it out today.