Portrait Contracts

[Steve Moppert]

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

[Mary Sparrow]

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.

[Stanka Kordic]

"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.

[Peggy Baumgaertner]

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

[Marta Prime]

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?

[Mary Sparrow]

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.

[Steve Moppert]

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

[Peggy Baumgaertner]

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

[Stanka Kordic]

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.

[Margaret Elvin]

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