| | | | | | | what customers are saying: | | BoundlessGallery.com is the best place to buy art online.
|
| | | | |
|  New Artist?
Join Now!
Click for details |
| |
| Artists Helping Artists:
CONTRACTS | | |  | • contracts | |
| | | | | Ashley Dietrich said
at 9:43pm on March 9th, 2008 | I recently began working in conjunction with an interior designer and our conversation about contracts made me want to start a discussion. Many people do not know how to (respectfully) work with artists, but many artists don't have contracts - a bad combination. Please post questions and advice! | | | | Ashley Dietrich said
at 9:52pm on March 9th, 2008 | I use a very simple one-page self-written contract. It lays out in plain English exactly how the commission will look, how much it costs, and the timeline. Basically, "I make this art by X date and you pay me X amount." It is crystal clear, but I wonder if there is anything to add that makes it more airtight if someone were to legally challenge it. I think I've covered all bases (it specifies that 50% is paid up front and non-refundable if they change their mind, any changes require a new contract, termination of or change to the contract must be written and attached to the original & signed by both parties, etc...). I also give the client a brief information sheet that explain how commissions work, why it is vital to have a budget (some people refuse to tell me a budget! - I tell them "sorry, can't do this"), and what the commission agreement means and how it protects us both. | | | | Jennie Rosenbaum said
at 1:37am on March 10th, 2008 | it sounds like you have covered all the bases! I think keeping it simple is good, simple is easier to understand and harder to break or to get misunderstandings about. it is a difficult area and most artists do want to just forget about it! I know some have a collection of basic contracts for commissions, exhibitions, consignment and so on which strikes me as a good idea. the golden rule is get it in writing!
(and yes I am slack about it too - but I am working on it!) | | | | MOMOKO said
at 10:31pm on March 16th, 2008 | I think the payment should be more specific. If the contract doesn't state about the rest of the payment, then legally, a client can receive the completed artwork and will not pay for the rest (50%) because the contract doesn't say by when it has to be paid. If it says upon the receipt of the artwork, that might be fine. But if nothing is said about the final payment then you may not be able to collect the money legally.
My business consultant says, the term, "substantial completion" is the keyword. That means, the piece is either complete or complete enough for a client to be able to see it so the client can decide if s/he takes the artwork, strictly meaning, decided to take the artwork and WILL PAY. "Substantially complete" artwork can be complete but has not been delivered in order for it to be called "substantially complete."
So the contract, according to my business consultant, the point of the second half of payment has to be clear. Artist should state in the contract that the second half of payment has to be collected BEFORE delivery of the artwork because if the artwork is delivered and artist is not able to collect the rest of the payment, then, the artist needs a legal document that states the payment is required for a client to receive the artwork.
You see, what if the client says, "I will pay you tomorrow" after receiving the artwork? Then tomorrow comes and you are still not paid?
So, the contract should say that the client gets to see the work either in photo or in person when the piece is "substantially complete" and gets to decide if s/he will buy it and then the contract also should say that the payment is required to receive the artwork.
A sound contract really can save your life. | | |
|
| |
| |
|
|
| | | |
Special Offer:
