Artist Commission Agreement

What is an art commission agreement?

An art commission agreement is a legal contract between artists and clients that defines terms and conditions for the creation of the commissioned artwork (e.g., paintings, sculpture, posters, canvas, etc.). This document is ideal for those who need a solid legal template outlining mutual responsibilities, timelines, payment terms, and IP ownership rights.

The contract for commissioned artwork is used for the creation of physical art objects. In case you need to create digital art objects, including design, 3D models, animations, and graphics, the Graphic Design Agreement should be used instead.

The parties involved in an artist commission agreement template are a client and an artist. A client is usually a business, like an art studio or gallery, that wants to order the creation of certain artworks. An artist is usually an individual whose creative skills are being used to create an object of art.

Who should use this art commission agreement?

Having a solid template for an art commission agreement is helpful for:

• individual artists who need a well-drafted template to sign with their potential clients;
• art galleries that want to establish professional and long-lasting relations with artists;
• art studios and agencies that need a solid contract template to engage independent artists to work for them.

What to include in the contract for commissioned artwork?

A comprehensive contract for commissioned artwork must include a list of important sections and clauses to ensure its validity and completeness. Below we made a list of all essential elements a solid art commission agreement must have. And of course you can use this list for creating your own contract!

Definition of Parties

Every art commission agreement must include identification details of both parties involved—client and artist. Thus, the text of a contract must include

• full name;
• registered business address or contact mailing address of each party;
• contact details (e.g., phone or email).

Artist Representations

Representations are the artist’s guarantees or promises with regard to the future work and overall performance of the agreement. That’s why it is important to include a list of the following representations:

• artist undertakes to perform the work in person (without the usage of subcontractors);
• artist promises that the final work will not violate third parties’ intellectual property rights.
• artist ensures that the work is completed in accordance with the defined scope of work.

Terms and Conditions of Work

The art commission agreement template must define the clear scope of work to be done. This allows us to prevent scope creep in the future, as well as to clarify mutual expectations of both parties. The text of a final contract shall reflect:

• description of work (i.e., final result, format);
• deadline (i.e., the date by which the work should be completed); and
• number of free revisions (i.e., an artist shall offer one or several free rounds of the work’s modification after its delivery).

Payment Terms

A good artist commission agreement example usually defines the amount of remuneration the client has to pay to the artist. This is usually a fixed fee that could be paid in either of the following ways:

• in full before the work starts;
• in full right after the work commences;
• in full upon the completion of the work;
• 50% before the start of the work, and the rest upon its completion;
• any other arrangement.

If the client terminates the contract earlier, the client must pay for the partial completion of the work. That’s why the final document must define the percentage of the total fee the client shall pay for the partial completion of the work. Usually, it could be between 20% and 50% of the total fee.

Termination

Either party shall have the right to end the art commission agreement at any time. To do so, either party should send the prior written notice to the other party. The notice period is relatively short for this type of contract and usually lasts between 3 and 14 days.

If either party terminates the contract earlier, the client nevertheless must pay for the partial completion of the work. That’s why the final document must define the percentage of the total fee the client shall pay for the partial completion of the work. Usually, it could be between 20% and 50% of the total fee.

How to customize an art commission agreement at FasterDraft?

To get a fully customized legal document template, follow the instructions given below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format—art commission agreement PDF or Word.
4. Make a payment.
5. E-sign, download, print, and use the document.