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What is Art Commission Agreement?
Art Commission Agreement An agreement commissioning an artist for creating artwork, specifying the artwork's details, payment, and rights.
Sample template:
Art Commission Agreement
1. Parties
This Art Commission Agreement (the "Agreement") is entered into effective as of [Date], by and between Spectrum Gallery, a [State] entity with a principal place of business at [Address] (the "Gallery"), and Alex Grey, an individual residing at [Address] (the "Artist"). Collectively referred to as the "Parties."
2. Description of Artwork
The Artist agrees to design and create a custom oil painting (the "Artwork") as outlined below:
2.1. Specifications
The Artwork shall meet the following specifications:
a) Subject: [Subject of the Painting]
b) Size: [Dimensions in inches]
c) Medium: Oil on canvas
2.2. Commissions
The Artwork shall be an original creation by the Artist, commissioned by the Gallery.
3. Payment Terms
3.1. Commission Fee
The Gallery shall pay the Artist a total commission fee of [Total Amount] USD (the "Commission Fee") for the design and creation of the Artwork. The Commission Fee shall be payable under the following terms:
a) Upon execution of this Agreement, the Gallery shall pay the Artist a non-refundable deposit of [Deposit Amount] USD (the "Deposit"), which shall be credited towards the Commission Fee;
b) Upon completion and delivery of the Artwork, the Gallery shall pay the Artist the remaining [Remaining Amount] USD of the Commission Fee.
3.2. Expenses
All reasonable, pre-approved expenses incurred by the Artist in the creation and delivery of the Artwork, including materials and shipping costs, shall be reimbursed by the Gallery upon presentation of receipts or other documentation of such expenses.
4. Timeline and Delivery
4.1. Completion Date
The Artist shall complete the Artwork on or before [Completion Date]. The Parties may agree in writing to extend the Completion Date in the event of unforeseen circumstances.
4.2. Delivery
Upon completion of the Artwork, the Artist shall deliver the Artwork to the Gallery in accordance with the shipping instructions provided by the Gallery. The Artwork shall be suitably packaged and insured during transit. Risk of loss or damage shall pass to the Gallery upon delivery of the Artwork.
5. Ownership and Intellectual Property
5.1. Ownership
Upon payment in full of the Commission Fee and any reimbursable expenses, the Gallery shall become the legal and beneficial owner of the Artwork.
5.2. Copyright
The Artist retains all copyright, moral rights, and intellectual property rights in and to the Artwork, subject to the limited license granted to the Gallery as set forth in Section 5.3 below.
5.3. License
The Artist hereby grants to the Gallery a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute images of the Artwork for promotional and informational purposes related to the Gallery and its activities, including but not limited to advertising, catalogues, brochures, and on the Gallery's website, provided that the Artist is properly credited.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of [State], without regard to conflict of law principles.
7. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior and contemporaneous negotiations, understandings, and agreements, whether oral or written, between the Parties.
8. Amendments
This Agreement may be amended, modified, or supplemented only by a written instrument executed by both Parties.
9. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument.
10. Notices
All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally or by an internationally recognized overnight courier service, or three (3) days after being mailed by certified or registered mail, postage prepaid, return receipt requested, to the Parties at the addresses listed in Section 1 or to such other address as either Party may designate by notice to the other Party in accordance with this Section.
IN WITNESS WHEREOF,
the Parties have executed this Agreement as of the date first above written.
Spectrum Gallery
By: ________________________
Name: ______________________
Title: _____________________
Alex Grey
By: ________________________
Main Sections of an Art Commission Agreement
In this Art Commission Agreement, you will see the following sections:
- Parties
- Description of Artwork
- Payment Terms
- Timeline and Delivery
- Ownership and Intellectual Property
- Governing Law
- Entire Agreement
- Amendments
- Counterparts
- Notices
About each Section - Analysis and Summary:
- Parties : This section introduces the two parties involved in the agreement: the Gallery and the Artist. It provides their names and addresses.
- Description of Artwork : This section describes the artwork that the Artist will create for the Gallery. It includes specifications such as the subject, size, and medium of the artwork, as well as confirming that the artwork is an original creation commissioned by the Gallery.
- Payment Terms : This section outlines the payment details, including the total commission fee, deposit, and remaining balance. It also covers the reimbursement of pre-approved expenses incurred by the Artist during the creation and delivery of the artwork.
- Timeline and Delivery : This section specifies the completion date for the artwork and the delivery process. It also mentions that the parties may agree to extend the completion date if necessary and that the risk of loss or damage passes to the Gallery upon delivery.
- Ownership and Intellectual Property : This section explains that the Gallery will become the legal owner of the artwork once the commission fee and expenses are paid in full. However, the Artist retains copyright and intellectual property rights, granting the Gallery a limited license to use images of the artwork for promotional purposes.
- Governing Law : This section states that the agreement will be governed by the laws of the United States and the specific state mentioned in the agreement.
- Entire Agreement : This section clarifies that the agreement represents the entire understanding between the parties and supersedes any previous negotiations or agreements.
- Amendments : This section states that any changes to the agreement must be made in writing and signed by both parties.
- Counterparts : This section allows the agreement to be executed in multiple copies, each considered an original, but together forming one complete agreement.
- Notices : This section outlines the process for sending official notices and communications between the parties, including the acceptable methods of delivery and when they are considered received.
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