by Susan and Michael Irish
CONTRACT TO COMMISSION AN ARTWORK
AGREEMENT made as of the ________day of _________19_________,
(hereafter referred to as the "Artist"), located at
(hereafter referred to as the "Purchaser"), located at
WHEREAS, the Artist is a recognized professional artist, and
WHEREAS, the Purchaser admires the work of the Artist and wishes to commission the Artist to create a work of art ("The Work") in the Artist's own unique style: and
WHEREAS, the parities wish to have the creation of this work of art governed by the mutual obligations, covenants, and conditions herein:
NOW THEREFORE, in consideration of the foregoing premises and the mutual convenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
1. Preliminary Design. The Artist hereby agrees to create the preliminary design for the Work in the form of studies, sketches, drawings, or maquettes described as follows:________________________________
in return for which the Purchaser agrees to pay a fee of $_____________
upon signing the Agreement. The Artist agrees to develop the preliminary design according to the following description of the Work as interpreted by the Artist.
The Artist shall deliver the preliminary design to the Purchaser within _____ days of the date hereof. The Purchaser may, within two weeks of receipt of the preliminary design, demand changes, and the Artist shall make such
changes for a fee of _______ per hour; provided, however, that the Artist shall not be obligated to work more than ______ hours making changes.
2. Progress Payments. Upon the Purchaser's giving written approval of the preliminary design, the Artist agrees to proceed with construction of the Work, and the Purchaser agrees to pay the price of $________________
for the Work as follows: _________% upon giving of written approval of the preliminary design, _________% upon the completion of ________% of the construction of the Work, and ________% upon the completion of the work. The Purchaser shall also promptly pay the following expenses to be incurred by the Artist in the course of creating the
The Purchaser shall pay the applicable sales tax, if any, with the final progress payment. Completion of the Work is to be determined by the Artist, who shall reserve the Artist's professional judgement to deviate from the preliminary design as
the Artist in good faith believes necessary to create the Work. If, upon the Artist presenting the Purchaser with written notice of any payment being due, the Purchaser fails to make said payment within two weeks of receipt of notice,
interest at the rate of _______% shall accrue upon the balance due. Purchaser shall have a right to inspect the Work in progress upon reasonable notice to the Artist.
3. Date of Delivery. The Artist agrees to complete the Work within _____ days of receiving the Purchaser's written approval of the preliminary design.
This completion date shall be extended for such period of time as the Artist may be disabled by illness preventing progress of the Work. The completion date shall be extended in the event of delays caused by events beyond the
control of the Artist, including but not limited to fire, theft, strikes, shortages of materials, and Acts of God. Time shall not be considered of the essence with respects to the completion of the Work.
4. Termination. This agreement may be terminated on the following conditions:
A. If the Purchaser does not approve the preliminary design pursuant to Para. 1, and the Artist shall retain all payments made and this Agreement shall terminate.
B. The Artist shall have the right to terminate this Agreement in the event the Purchaser is more that sixty days late in making any payment due pursuant to Para. 2, provided, however, nothing herein shall prevent the
Artist bringing suit based on the Purchaser's breach of contract.
C. The Purchaser shall have the right to terminate this Agreement if the Artist fails without cause to complete the Work within ninety days of the completion date in Para. 3. In the event of termination pursuant to this subparagraph, the Artist shall return to the Purchaser all payments made pursuant to Para. 2, but shall not be liable for any additional expenses, damages, or claims on any kind based on the failure to complete the Work.
D. The Purchaser shall have a right to terminate this Agreement if, pursuant to Para. 3, the illness of the Artist causes a delay of more than six months in the completion date or events beyond the Artist's control cause a delay of more than one year in the completion date, provided, however, that the Artist shall retain all payments made pursuant to Para. 1 and 2.
E. The exercise of a right of termination under this Paragraph shall be written and set forth the grounds for termination.
5. Ownership. Title to the Work shall remain the Artist until the Artist is paid in full. In the event of termination of this Agreement pursuant to SubPara. A., B., C., and D. of Para. 5, the Artist shall retain all rights of ownership in the
Work and shall have the right to complete, exhibit, and sell the Work if the Artist chooses.
6. Copyright. The Artist reserves all rights of reproduction and all copyrights in the Work, the preliminary design, and any incidental work made in the creation of the Work. Copyright notice in the name of the Artist shall appear
on the Work, and the Artist shall also receive authorship credit in connection with the Work or any reproduction of the Work.
7. Governing Laws. This Agreement shall be governed by the Laws of the State of ________________________.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above.