State that the Artist is a professional artist or professional craftsman and that the Purchaser is desiring to have work done in the Artist's unique Style.
If the Purchaser is a large city, institution, or organization specify who is authorized to act on the behalf of the purchaser and their title in the organization.
Describe what a preliminary design will be for the work and what fees will be paid for this part of the project.
If Purchaser wants distinct changes to the preliminary design, ask that the changes be submitted in writing and provide the Artist with the opportunity to make those changes.
Require that the Purchaser give written approval to begin work from the preliminary stage.
Give the Purchaser the right to terminate the project if the preliminary design is not approved.
Give the Artist the right to terminate the project if the Purchaser is requiring excessive changes during the progress of the Work.
State when the fee for the Work will be determined, at the request of the commission, at the approval of the preliminary design, or when any changes have been made to the preliminary design.
State that the Artist has the right to revise the cost of the project due to changes made by the Purchaser in the preliminary design stage, during work in progress, or due to situations beyond the control ofthe Artist.
Specify what expenses will be incurred by the Artist and what expenses will be incurred by the Purchaser, including materials, special tools, insurance, delivery costs.
Require that the Purchaser is responsible for any sales tax or taxes created by the purchase of the work.
State in the contract that the Artist may deviate within reason from the preliminary design as long as it is done in good faith as deemed necessary by the Artist.
State that if the Artist does deviate from the preliminary sketches that the Purchaser has the right to approve large and substantial changes in writing.
As necessary, state that the Artist has the right to subcontract work as needed, since otherwise the Purchaser may believe that all work has been done by the Artist.
If the Purchaser may visit the Artist while work is in progress, state the number of visits that is reasonable and that all visits will be during normal business hours and with advanced notice of hours or days.
If the Purchaser wishes the work to be done in specific materials that they, the Purchaser, will provide, state in the contract that the Artist is not responsible for the quality and workability of these materials.
Provide an estimated date of delivery at the preliminary design stage.
Provide extensions to the date of delivery if competition of the work is prevented by situations beyond the control of the Artist.
State how long a period of delay time is reasonable until the Purchaser has the right to terminate the contract if the Artist is delayed from completing the Work.
State how any payments by the Purchaser will be made and when they will be due.
Provide that the Artist may terminate the contract if any payments due by the Purchaser are not received with days of due date.
In the case of termination determine who owns the preliminary design, physical work, and any special materials or tools used specifically to this project.
CHECKLIST FOR INCURRED COSTS
BEYOND PRELIMINARY DESIGN, MATERIALS AND TIME
Telephone conversations, time involved
Long distance telephone charges
E-mail communications, time involved
U.S. Postal costs, and time involved
Time involved with proposals, presentations of project to group
Special equipment for installation
Specialized tools needed to complete project
Unusal colors or coatings required by project specs
Special packing or crating requirements
Time involved for packaging
Next Day Air/ Priority Mail/ Others
Cost of Delivery Insurance
Delivery of Materials Costs to Studio
Delivery charges on goods
Minimum order requirements for special materials needed
Time involved in finding supplier of specific materials
Preliminary Design Costs
Modeling clay and form materials, other
Time involved for rough design
Time involved for preliminary changes and alterations
Contract Labor Costs
For particular portions of the work
For delivery problems that might occur
Labor Insurance costs
Legal/Professional fees incurred