Art Commission Agreement
This agreement is made on the _____ by and between
Kris Ancog (hereinafter referred to as the “Artist”)
of ANCOG & CO PTY LTD trading as Kris Ancog GalleryAddress: 145 Alison Road, Randwick 2031 NSW, Australia
ABN: 88 651 490 078
Phone : +61 401 766 628
andName Surname (hereinafter referred to as the “Collector”)
Delivery Address :
with respect to the commissioning of the artwork (hereinafter referred to as the “Work”).
The parties agree as follows:
1. The Project:
Collector is commissioning a painting to be created by the Artist representative of his body of work.
Description of project to be undertaken:
- Canvas Size:
- No of pieces:
- Support :
- Total price:
- Target completion date:
The painting will be based on the following images of previous works in terms of layout, colour palette, and subject/content ideas as discussed with the collector via email with particular emphasis on the dramatic warm light.
2. Creative Decisions and Preliminary Design:
The Artist will consult the Collector on layout, colour palette, and subject/content ideas. During the process the artist will make reasonable efforts to inform and consult with the Collector regarding major changes deemed necessary during the creation of the piece. The Collector acknowledges that, whilst reasonable effort will be made to adhere as close as possible to the reference painting/sketch/photo, the final work may not have exactly the same details (on the basis that the commissioned painting is an original work and not a replica/copy of the reference painting/sketch/photo). The Artist will make all final decisions regarding the aesthetics of the composition.
The artist will send photos of the Work to the Collector via email or SMS prior to approval. If revision is necessary, the Artist will do a maximum of one (1) revision. Any further revision will require the Collector to pay the Artist based on the number of hours required to complete the revision at an hourly rate of AU$60/hour.
3. Right of Refusal:
It is the intent of this agreement that the Artist create artwork for the Collector that the Collector will purchase. However, if, after the work is completed, the Collector does not wish to purchase the work, the Collector may refuse the artwork. In that case, the Artist will retain the refused artwork and the non-refundable deposit, free of any claims or interests of the Collector and the Collector will owe no additional fees to the Artist. Alternatively, the collector may use the non-refundable deposit as credit towards purchasing a different original painting created by the artist.
Artist reserves the common-law copyright to all works commissioned by Collector that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. No work may be reproduced by Collector without the prior written approval of Artist.
Fees/selling price will be decided by the parties per individual artwork, with a minimum of 50% down payment of the total which will be based upon canvas size and complexity of completed work and will be consistent with other comparable works by Artist at the time of sale.
6. Payment Terms:
A non-refundable deposit of ___ (50% of the total selling price) is required before the work commences.
Payment in full is due prior to shipment/delivery of work. A tax invoice will be issued to the collector upon completion of the work.
Upon completion of the Work, it shall be shipped/delivered and installed at the address specified in this agreement at the expense of the collector.
8. Termination of the Work
The Artist may terminate this agreement in the event the Collector is more than 60 days late in payment. However, nothing herein shall prevent the Artist bringing suit based on the Collector’s breach of contract.
The Collector may terminate this agreement if the Artist fails without cause to complete the Work within 30 days after the completion date stated herein. In the event of termination, the Artist agrees to return to the Collector all payments made to the Artist, but shall not be liable for any additional expenses, damages or claims.
The Collector may terminate this agreement in the event the illness of the Artist causes a delay of more than 3 months, or if events beyond the Artist’s control cause a delay of more than 6 months of the completion date provided. The Artist shall retain all payments made pursuant to the above.
This agreement shall automatically terminate on the death of the Artist. The Artist’s estate shall retain all payments made pursuant to the above.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year written above.
Kris Ancog - Artist Name Surname - Collector