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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:
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