Contracts
 

Can someone please post a sample of their contract? I'm in the process of developing my own and was wondering how much detail to include.

Kent Curole
Full-time graphic artist (12 years), pt-time fine artist, trying to become a serious portrait artist and hopefully be listed here at Stroke of Genius soon.

Here is a copy of my contract. It might give a few ideas. Mainly it stipulates:

1) What the cost of the painting will be
2) The size the painting will be
3) When the painting was commissioned
4) Who the painting is for
5) How much I will recieve for the down payment.

Additionally the contract states that
1) The painting is mine, and I am responsible for damages to it, until I am paid
2) At the point I am paid the painting becomes your responsibility
3) The down payment is non-refundable.

My contract, first page:

THE GOAL of both the portrait artist and the client is the creation of a painting which is pleasing, captures the likeness and personality of the subject, and is able to stand on its own merits as a work of art.

* On the average it will take two to three meetings to produce a quality portrait. The first meeting can be either at the subjects home or at the studio of the artist. The basic composition of the portrait (size, pose, format, type of clothing,
tone, background, and lighting) is determined and a series of 60 to 100 photographs are taken. This photo session takes approximately 1

To copy from one(any) document to another:
After finding and highlighting the page you wish to copy, hit the "Contol" key at the same time you hit the "c" key, then find the place you want to copy to, ie, the cool board message box, then hit the "Control" and the "v" key at the same time. The entire highlighted area will appear. This is a lot more effective for sending pages of script, and you don't have to bother with text attachments, which seem to end up in some obscure file that I can never access.
(....see you in Chicago)

You might find useful a book I used to prepare various documents for situations you might find yourself in as your career blooms! It is called Business and Legal Forms for Fine Artists, pub. by Allworth Press, New York. It has copies of all sorts of contracts, and a CD to create the forms on your computer. I found a few of them useful, but modified them considerably to fit my own needs. They're pretty wordy, but you might like to check them out. Sometimes they address issues you wouldn't have thought of in writing up your own contracts. Good luck to you!

Note from Administrator:
To check out the book and possibly order, click the title:Business and Legal Forms for Fine Artists

Portrait contracts
 

I just read the forum message posted by Mary Reilly in July - Question about painting a casual acquaintance, model's release. The message was answered by Chris Saper. I have been using the book by Tad Crawford, Business and Legal Forms for Fine Artists, and there is a fairly simple model's release form to use. Is this a good form to use? Also, I had used the form "Contract to Commission an Artwork" from this same book for a client who was an attorney. Of course, she skimmed through all four pages, we signed, and I completed the portrait with no problems. However, before contracting for the next portrait, I read through this form and its accompanying explanations in the book so that I could explain it to my client. I could not easily understand it, and I did not know how to modify it to meet our specific needs.

That is when I found Peggy Baumgartner's contract posted on your forum site. Great simplicity! Wonderful! However, it did not contain a paragraph so that the artist will have permission to use the painting for portfolio, website, display, etc. Any suggestions? Many thanks for this opportunity to ask.

Peggy, a sincere THANK YOU! for the sample contract!

Darla

Peggy, Thank you so much for your sample contract!

My portrait shows start today, and I am printing out your contract as I write this.

Your contract is so professional and yet simple enough for the client to understand.

You saved me a lot of time. Thank you.

Renee

Hi Andrea,

Look over my contract and see if you can use it. I address your concerns regarding borrowing for shows, etc.

Commissioned Portrait Agreement

This agreement is made by and between ________________________(Artist)
And _____________________________________(Patron) On _______________

Artist is engaged in the creation of a portrait with a distinctive style. Patron acknowledges he is familiar with Artist's style and quality of work, and desires to commission a new work of art from the Artist in accordance with the terms, conditions, descriptions and payment schedule noted below.

Title of Art :

Description :

Total Fee :

Payment Schedule: 50% Deposit -
Remaining balance (due upon approval, and delivery of Art) -
Terms and Conditions:

1. Signing this agreement indicates commission will commence. Deposit due at contract review.

2. Fees for extensive revision not the fault of the Artist shall be payable in addition to the original fee.

3. Patron agrees that Artist shall not have any liability or responsibility to protect, replace, insure, or have any concern about the
Finished Art once final payment has been made.

4. It is understood and agreed that the Artist shall use her best aesthetic judgement to create the art, using photos as a guide, as well as a sitting from life when possible.

5. Patron agrees that Artist is and at all times remains an independent artist and not an employee. Patron and Artist further agree that any work done by Artist is not a work for hire.

6. Patron agrees to pay for all expenses related to the completion of the portrait, which includes travel accommodations, shipping, and sales tax where required.

7. The Artist agrees to accept final payment only after final approval is made.

8. Patron may cancel this agreement at any time. In consideration of the Artist's effort, Patron agrees that the Artist may retain all fees paid to Artist prior and including the time of cancellation.

9. Patron agrees to allow the Artist the opportunity to exhibit the Finished Art if proof of insurance is given, and reasonable noticed allowed. It is understood that the exhibit would be not for profit.

10. It is understood that Patron is the owner of the original art only. All reproduction rights are retained by the artist.

11. This agreement shall be deemed made in the State of Ohio and Ohio law shall govern its interpretation. Any disputes arising out of this agreement shall be adjudicated in the Court of Common Pleas of Cuyahoga County, Ohio, which the Artist and Patron agree shall have sole jurisdiction. Patron agrees to pay all reasonable collection costs, court costs, and attorney fees in conjunction with any award or judgement to Artist.

12. This agreement is binding on the parties, their heirs, assigns, and successors in interest, and shall survive the death or incapacity of either party.


Patron:

Artist:

Peggy,

I noticed that in the original copy of your contract that I saved on my computer, you had a paragraph stipulating that no deposit was required. Then I noticed that you have revised your requirements to be a 40% deposit. I was just wondering if a problem prompted you to make the change, or if you just decided it was better business.

I remember when I was studying Helen Van Wyk. She made a living as a Portrait Artist, her terms were basicly "You like it you buy it, you don't like it you don't buy it." Although she said she never had a painting not accepted, her reasoning was that if a client didn't like a painting and you required them to forfeit the deposit, you would have a client with hard feelings....not a very good advertisement for you. And what are you out really, except some paint, other materials and some time?

On the other hand, I realize time is money, especially if you have a waiting list. Also, a firm commitment, money changing hands would tend to make a client go through with the contract, instead of getting wishy washy about it later.
I really feel torn on this subject by both concepts. I would like to hear other opinions on the subject. :bewildere

Marta,

I think you must be mistaken on my contract. I have always required a deposit on portrait commissions. I upped it from 33 1/3% to 40% a few years ago, but I have never had a contract where no down payment was required.

My initiation into the real world came very early in my career during one of my first commissions. I was commissioned to do a 3/4 portrait of a young girl. The parents brought the girl to my studio, I spent many hours and many rolls of film getting reference material (this was in the old days when I would changes dresses, lighting, and background on each commission...). When the parents didn't quite like the pose, I scheduled another photo shoot the next day with new dresses, etc. We then had the parents over to look over the photos and discuss the size of the portrait, to sign the contract, and to write the check for the down payment. First they downgraded the portrait from a 3/4, to a head and hands, to a head, and finally decided not to get the painting at all.

At the point that I asked for money, they balked. Had I asked for a down payment before I took the photos, they would have backed out then. Had I waited until I finished the painting, they would have back out then. As it was, I asked the parents to pay for the film and processing only, (not for the photo session), and they became incensed at my temerity and never spoke to me again.

Marta, I am trying to be delicate, but it does bother me more than a little when you refer to the artist, "...And what are you out really, except some paint, other materials and some time?" I have upbraided lay persons in the past for this kind of attitude, the "...Is this your hobby? How cute!..." referring to the profession to which I have dedicated myself for over 30 years.

Would you expect a doctor not to charge for his services because the patient wasn't happy with the outcome? After all, he is only out some cotton swabs, some bandages, and a little time... The same is true of lawyers, plumbers, teachers, or persons in any profession. All they have to offer is years of training, not anything of real value. (This is said tongue in cheek....) If we as artists do not respect our work and ourselves as professionals whose time is of value, then how can we expect the rest of the world to take us seriously? I have a contract, I charge a down payment, I hold others to the contract because that is what a professional does. In my workshops I tell my breaking-into-the-business students to "fake it 'til you make it." Conduct yourself in a professional manner; walk, talk, and act with the confidence of a great artist and one day you'll find that you are that person.

An additional note: I also worry about the financial hit some of my early clients might have had to come up with 100% of the money at the completion of the portrait...

Peggy

I agree with most of what Peggy said but there is another way. I worked for probably 15 years of my 30 plus years as a portrait artist with no contracts and no down payment and I still occasionally work with out one. Fortunately I have never had the bad experience that Peggy had. I even did portraits on speculation. I would take my paints and French easel to a gallery and would ask people who came in if they would sit down for a half hour or so and let me paint them, I would ask them to come back on another day, have another sitting and if they liked it they could buy it. I sold about 2 out of 3 of them.

Having a contract avoids the pitfalls that Peggy mentions, but not having one is not all bad. There are many stories of portraits that clients don't care for hidden under beds, etc. Those clients will probably tell others about their bad experience. With no contract they have nothing to lose, they know that they will not be stuck with something that they are not happy with and may be more likely to take a chance with a new artist.

Another plus is that you can be more independent to paint it like you want to without being dictated to by a client who has put up a large deposit. They have no investment other than their time. I never have enough sample portraits anyway, and if the client were to back out of the deal as happened to Peggy, I would use the portrait as a sample, as I did with the 1/3 unsold in the gallery example.

Many if not most artist don't choose to work this way but it is an alternative to think about.

Steve

I don't use a contract and don't think I will.
 

As previously mentioned, the client feels they have nothing to lose. If someone were to NOT want their portrait, I too would use it as a sample. I have never had one rejected yet, so, other than my own children I have very few "left overs". I feel this doesn't put pressure on me OR the client. I do ask for a SMALL non-refundable deposit (10%) to at least cover the cost of supplies.

I want to KNOW my client is happy, and don't want to think that my portrait is hiding away under someone's bed.

Because I only do children, I can always tell when my job is a job well done....the mom tears up!

SO, unless something drastically changes, I prefer NO contract.

"If we as artists do not respect our work and ourselves as professionals whose time is of value, then how can we expect the rest of the world to take us seriously? I have a contract, I charge a down payment, I hold others to the contract because that is what a professional does."

I realize that there may indeed be 2 schools of thought here. I happen to totally agree with Peggy, as she has stated above, as well as for the following reasons.

A) I feel that a contract is merely clarifying what both parties (client, artist) are getting into. First of all, the client has to do their homework. The need to be well versed on how the artist works, and EXACTLY what their manner of painting is like. If they would feel more comfortable being a part of the entire process, they should be allowed to view the painting in progress. There should be no reason why a client is unhappy with the outcome of a portrait if all this was followed. However, if there is...

B) A contract is insurance for that "Flaky" 1% who are totally clueless as to what they want. They don't know the VALUE of a custom work of art and what's involved...and I don't mean just the hours the brush actually makes contact with the canvas. If we can't help them understand this, why should we be the ones to suffer when they take advantage of us financially and otherwise?

Now, of course, we ALL would do whatever it takes to make people happy...but some are just never satisfied! Back to the doctor example Peggy made..I went to a doctor who gave me a wrong diagnosis. Did I still get a bill for his trouble? You bet I did.

(I'm sorry if I'm getting out of hand here, don't mean to offend). I feel so strongly that if we choose to call ourselves Professional Portrait Painters, we owe it to ourselves to present our person, our business, OUR VOCATION as important as the next guy. There is no reason why we have to continue the legacy of "the destitute artist". We can be successful businesspersons, and still be artists with integrity. :thumbsup:

In one of the earlier posts, one of the contracts contained within it a provision to use the image in the painting for advertising and other purposes.

I specifically do not put a provision for use of the image of the painting for advertising, publishing, etc., into the contract. I see this as being a separate issue from the commissioning of a portrait. The contract says you want a painting, I want to paint it, and here is how we'll go about it. This is pretty cut and dried. You are mixing things up when you try to nail down a potential client to the use of the finished painting (which hasn't even been conceived at the contract signing...) to a legal document that states you can use the painting for -- basically -- another purpose upon it's completion. I fear this could strike fear in the heart of you client, and you just might lose the commission.

I prefer to have a separate document that I present to the client after the painting is completed, asking for the use of the image. I have had clients turn me down -- they didn't want the painting used, which is okay, I just choose another. I think it would have placed the commission in jeopardy if I had insisted on this provision as part of the contract, and I want the contract signing to be as low impact and warm and fuzzy as possible, not filled with moments like the client saying, "I don't think I can agree to this...".

The separate contract/release form says (for example) that I would like to use the painting in a magazine ad, for an article, video, or for a book. Most of the time I am requesting for a specific purpose, but if I really like a painting, I'll ask for a general release to use the painting in the future for a book I might hope to publish, or an article I might write, etc. It seems civilized to request the use of their painting in this way, and my clients seems to really appreciate being informed. BTW, I don't have the clients sign a contract for the use of their painting in my portfolio. I do ask, but I feel it's only necessary to have a release for published work.

Below you will find a copy of the Talent Release Form.

(BTW, I must be working for an unusually large number of lawyers. I could curl your hair with the horror stories that led directly to my business methods. Every decision from pricing a portrait by body parts instead of size, to specify when the painting belongs to the client {I had a child use the portrait for a trampoline 10 minutes after the client picked it up...}, I have learned the hard way.)

Peggy



TALENT, SERVICES AND ADVERTISING RELEASE FORM

For value received, I agree and consent that Baumgaertner Portraits and its
nominees and assigns may use any motion pictures, still photographs, or videotape
recordings taken of _____________________________________________ on
_________________________ for ______________________________________.

or any reproduction thereof, in any form, style or color, together with any writing
and/or other advertising and/or publicity material in connection therewith.

I understand that my talents and/or services and any related advertising and
publicity material are to be used in connection with Baumgaertner Portraits.

This consent and release is given by me without limitations upon any use for
projections, playback, reprints, rerun, broadcast, telecast, or publication of any kind,
including the advertising and publicity connected therein. I also agree that the
originals and copies therefrom shall be and remain the exclusive property of
Baumgaertner Portraits or its nominees and assigns.

I am over eighteen (18) years of age. If subject is under 18, a parent or legal
guardian must sign this form on behalf of the minor.


__________________________________ ____________________________
Name Social Security Number

__________________________________ ____________________________
Address Telephone

___________________________________ ____________________________
Signature (or Signature of Guardian) Date

Well, I guess I opened Pandora's box. Lucky I don't unbraid easily!

Peggy,

In no way do I see your distinguished career as your little hobby or think of your paintings as "cute", nor did I think my comment led to that conclusion. You are obviously a very well trained, talented, and professional individual, and one of the artists on this forum I sincerely respect.

I can see there are strong opinions on this subject, and I appreciate all of the valuable information offered.

I do think a contract is a good idea. Your last post dealing with asking the client to sign a separate release when the painting is done for advertising purposes makes a lot of sense to me. A downpayment is probably a good idea also, but how much might depend on how much you charge, to what financal group you are dealing with, and at what point you are at in your career. Your comments about "fake it til you make it" are well advised.

What Steve and Mary are saying seems to work well for them. They make good points also.

As far as clients not being able to come up with 100% when the Portrait is finished....has that happened to anyone?

I think the need for a contract depends on a few things.
 

And I believe much of that is where you live. I happen to live in a small town in the South. Portraiture is very big here, and I feel quite confident that I am not viewed as a starving artist. I may not command some of the high prices that I have seen on this site, but I would guess that my average sale is about $2,000 give or take. I never advertise or even think about an agent so that I can keep my prices low (with the exception of the designer house) 99% of my commissions come from word of mouth, and I would dare say that 90% of those commissions come from prominent and visible families in town. I know these people and am extremely confident that I will not "get stuck". THEY wouldn't want that reputation. OK, so maybe I am not branching out too much, but with two small children, I can only handle so much at one time, and 1-2 portraits a month is about all I have time for and that is about what I always have booked.

I suppose if I were dealing with people that I did not know...or at least know who referred them, I would feel compelled to use a contract. I have a contract in a file, JUST in case one of those people come along that ask for one. But in the meantime, I will continue to work as I do. It may not work for everyone, but it works great for me and I don't feel like it makes me any less professional. :sunnysmil

Mary and Stanka
 

Mary
I've have had only one client who was unable to pay at the completion of the portrait, however they did pay it off eventually with monthly payments. This was a commission with downpayment and a contract.

Stanka,
Two of the most successful portrait artists that I know sometimes or never, in the case of one, use contracts they are certainly not "destitute" or unprofessional. I am not advocating to not use contracts. I'm only saying that using contracts and downpayments is not the only was to go about this.

Steve

Marta

I hope you didn't think my upbraiding was meant for you. I was referring to the frustration of past situations early in my career when I was taken less than seriously by the media, my friends/family/neighbors/teachers, and others. To the contrary, I just want you to value your own skills as much as I value them. What we as artists are able to do is astonishing, remarkable. We need to recognize and embrace that.

Peggy

Points well taken to all above. In spite of my personal opinions, I do understand we all run our businesses in the ways it works best FOR US. All our methods are formed from personal experience, each person's experience is different.

I certainly apologize if I've offended anyone here. Much success to you all. :)

I found this exchange of ideas and information about contracts very enlightening. I'm just at the point of deciding whether or not I need to use one, therefore people's expression of their points of view helped me to figure out my own. I've had a few bad experiences, including one where the client never even came to see the finished portrait. It became obvious there were money problems, but she simply would not communicate with me and then moved out of state. Unbelievably she writes every couple of years to say she'd like to get it! Another time I did a mural and ended up almost losing money because I didn't have a contract that addressed additional charges for changes directed by the client.

I think my problem is that I lack the confidence to present myself as a professional. In time I believe that will change, but in the meantime, using a contract would help me send that message to the client. I tend to be too nice in person. A contract could act as my 'bottom line'.

Thank you Peggy and Stanka for sharing your contracts and for inspiring my confidence! Thank you to everyone who shared because it was helpful in sorting through the issues involved. I think it can work either way...you just have to know what is right for you.
-Margaret

I recently found this thread and it is an excellent one! In my opinion, having a contract protects us, the artists and the client at the same time. But I think telling the client that it is just a formality could help ease the pressure or give the client the mentality of "nothing to lose".

Unless I have reason to think that there will be a problem I normally don't have the client sign a contract or provide a deposit. So far my intuition has been correct and it's always worked well for me. The complete fee is due upon acceptance of the painting and that keeps the pressure off both artist and client. I sometimes do a rough sketch for the client, first, where composition is an issue. I always contact the clients as soon as the painting is blocked in on the canvas and ask them to come review it. Normally they don't see it again until it's basically complete, when we look at it together once more to see if there are any details that need to be massaged.

I do have my clients sign a release, however, once they accept the portrait. Here are two versions which deal with slightly different circumstances:

Version #1:

Portrait Release Form

Upon receipt of the portrait