Artwork Commissions Contract

Lisa Hutson Fine Art LLC

Artist is Lisa Hutson

 

Effective 10/03/2023

 

Titles and Terms:

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Artist is the creator of commissioned artwork at the request of the Client or Purchaser.

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Client is the purchaser of commissioned artwork. They will make themselves available to the Artist regarding decisions, progress, and updates in a timely manner. In the event the Client or purchaser is a group, family or company, the Artist will only communicate with one person who will speak on their behalf the entire time until the artwork has shipped to the Client.

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Artwork is a commissioned work of art under contract.

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Subject or Subject Matter refers to people, places, or things.

 

Contract Details:

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Artist: Lisa Hutson

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Client and/or Contact Person’s First and Last Name: ________________________________________

Client’s contact information: _________________________________________________________

__________________________________________________________________________

Artwork Details and Reference Photo(s) as provided by Client:

____________________________________________________________________________________________________________________________________________________

                Medium__________________________________________________________________

                Size______________________________________________________________________

                Subject___________________________________________________________________

               

Deadline via Client or Artist___________________________________________________

 

Total Price $__________________._______

 

Payment Type________________________

 

Payments

• A non-refundable down payment or total payment is required before the Artist starts on artwork.

• Upon final review and approval of artwork by the Client, the remaining balance will be collected. Following the payment, the artwork will be packaged and shipped to the Client.

• Past-due final payments shall incur a 5% interest penalty each week the balance is past due. If the Artist must take legal action to acquire the final payment, the Client shall pay the Artist’s legal fees.

 

Refunds

• A Client is not allowed a refund once the Artist starts working on the commission.

• If for some reason the Artist is unable to start the commission the Client will receive a full refund.

• If the Client cancels their order before the Artist starts the commission a full refund will be sent.

• If a refund is warranted or started, do not request a PayPal chargeback. The Artist will transfer the money to the client.

• If the Client requests a PayPal chargeback at any point when it was not allowed or approved by the Artist, the Client will forfeit all rights within the art commission contract and the Artist will have full rights to profit further from the artwork in anyway. Additional procedures regarding financial protections and restrictions from future communications or work will be addressed.

 

If the Client breaks any of the bullet points listed under Refunds, they will lose all rights to the artwork and, the Artist has the right to use, duplicate, and profit off it in any way. The Artist is not opposed to discussing any information in the artist commissions contract. The Artist may discuss options with the Client before the Client submits payment which had been approved and received by the Artist.

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Progress Photos and Client Reviews

The Artist agrees to furnish the Client with photos of artwork in progress during the creation of the artwork for periodic comments and approvals. If revisions are requested by the Client additional fees may be required. A new contract may be suggested or required by the Artist which would include, but not limited to, a new price, non-refundable deductible, and deadline. In addition, the Artist has the option to terminate the commissions contract and not start a new contract with the Client.

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Processing Client Requests for Changes include but are not limited to the following:

• Changes to concept or reference photo, medium, size, colors, themes, addition or removal or text or symbols, adjusted deadlines, etc.

• One to Two minor change requests from the Client may not incur an additional fee(s) however, it is up to the Artist to decide.

• Requests late in the art creation process by the Client and/or after 1-2 approved progress requests, will incur late fees. Additional fees of $25-$150 are immediately required by the Client if the Artist approves and chooses to continue the contract. In every instance, additional fees and the amount are at the sole discretion of the Artist.

• Deadlines requests from the Client must be approved by the Artist. In cases where the changes negatively affect the artwork, process and/or art commissions contract, the art commissions contract would be terminated immediately and, any deposit amounts or fees would remain with the Artist.

• Following the Client’s acceptance of the final artwork, the Client shall not alter the Artist’s original artwork themselves or by another third party under any circumstances. The Client shall allow the Artist the opportunity to make the alterations themselves. The Artist agrees to accommodate requested alterations to the best of their ability.

 

Copyrights, Ownership and Usage

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Upon final payment for the Artwork, the Client will become the legal owner of the artwork with all rights and privileges with the exceptions listed below.              

1. Copyright and Reproduction Rights: The Artist retains all copyrights to the commissioned artwork created by the Artist including all reproduction rights and the right to claim statutory copyright. No artwork may be reproduced in any form or altered without written permission from the Artist.

2. The Artist reserves the right to cancel the commissions contract and  commence refund at any time, for any reason.

3. Non-Destruction: The Client will not permit any intentional destruction, damage or modification of the artwork.

4. Restoration: If the artwork is damaged, the Client will consult the Artist before any restoration and must give the Artist the first opportunity to restore it if practical.

5. Notice: The Artist has the right to put their name and the year of completion on the artwork in a permanent fashion. Placement and size are at the Artist’s discretion.

6. Expiration: This contract binds the parties, their heirs and all successors in interest. All the Client’s obligations are attached to the artwork and go with the ownership of the artwork, all for the life of the Artist and the Artist’s surviving children plus 21 years.

7. Future Responsibility: The Artist is not responsible for changes to the artwork due to climate, humidity, moisture, molds, infestation, stains, warping, shrinkage, expansion, corrosion, or any other events that may occur at any time.

 

Deadlines

• The Artist will deliver the commissioned artwork by or before the Client’s deadline, to the best of their ability.

• The Client agrees and understands that revision requests may delay the completion of artwork. The Artist will deliver revised artwork in a timely manner to the best of their ability.

 

Reference Photos, submitted by the Client

• The Client agrees to submit a reference photo that is not a duplication of another person’s artwork, is subject to copyright infringement, presents nudity or implies questionable consent by those in the reference photo.

• The Artist can reject the reference photo for any reason and or terminate the commissions contract at any time.

 

Originality of Artwork Documentation

Clients will receive a Certificate of Authenticity from the Artist. The document certificates the artwork was an original creation by the Artist.

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*The Client agrees with this contract when they have submitted their total payment and/or non-refundable deposit to the Artist and, the Artist has received their payment.*