Fine Art Commission Agreement

Agreement dated as of the ______day of____ ________, 20__, between

________________(the Artist), whose address is _________________________

and ___________________________ (the Purchaser), whose address is

___________________________________________.

Whereas the Artist is 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 Artists own unique style; and whereas the parties

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 forgoing premises and the mutual

covenants herein after set forth other valuable considerations, the parties here to

agree as follows:

1. Preliminary Design. The Artist hereby agrees to create the preliminary design

for the Work in the form of a study, sketch, drawing, photoshop layout or

maquette described as follows: ______________________

________________________________________________________________

_______________________________________________in return for which the

Purchaser agrees to pay a fee of $__________________ upon the signing of this

agreement. The Artist agrees to develop the preliminary design according to the

following description of the Work by the Artist:

Title: _______________________________________________

Materials: ___________________________________________

Dimensions: _________________________________________

Description: _________________________________________

Price: ______________________________________________

The Artist shall deliver the preliminary design to the Purchaser within ___ days/

weeks of the date hereof: ___________. The Purchaser may within 2 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 8 hours making changes.

2. Progress Payments. Upon the Purchaser’s giving 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: One-

third upon the giving of written approval of the preliminary design, one –third

upon completion of one-third of the Work; and one-third upon 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

Work:______________________________. 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 use the Artist’s professional

judgment to deviate form 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 an payment being due, the Purchaser fails to

make said payment within two weeks of receipt, interest at the prime interest rate

for banks in __________________________________ shall accrue upon due

balance due. The 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 /

weeks / months /years of receiving the Purchasers 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 also 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 material and acts of God. Time shall not be considered of

the essence with respect to the completion of the Work.

4. Insurance, Shipping and Installations. The Artist agrees to keep the Work fully

insured against fire and theft and bear any other risk of loss until delivered to the

Purchaser. In the event of loss caused by fore or theft, the Artist shall use the

insurance proceeds to recommence the making of the Work. Upon the

completion of the Work, it shall be shipped at the expense of

__________________________ to the following address specified by the

Purchaser: _________________________________________________. If any

special installation is necessary, the Artist shall assist in said installation as

follows: ________________________________________________.

5. Termination. This agreement may be terminated in the following conditions:

(A) If the Purchaser does not approve the preliminary design pursuant to

paragraph 1, the Artist shall keep all payments made and this agreement

shall terminate.

(B) The Purchaser may upon payment to any progresses due pursuant to

Paragraph 2 or upon payment of an amount agreed in writing by

the Artist to represent the pro rata portion of the price in relation to the

degree of the completion of Work, terminate this agreement. The Artist

hereby agrees to give promptly a good faith estimate of the degree of

completion of the Work if requested by the Purchaser to do so.

Purchaser is more than sixty (60) days late in making any payment due

pursuant to Paragraph 2, provided however; nothing herein shall prevent

the Artist bringing suit based on the Purchaser’s breach of contract.

(D) The Purchaser shall have the right to terminate this Agreement if the Artist

fails without cause to complete the Work within (90) days of the completion

date in Paragraph 3. In the event of termination pursuant to Paragraph 3,

the illness of the Artist causes a delay of more than six months in the

completion date or if events beyond the Artists control cause delay of more

than one year in the completion date provided, however, that the Artist

shall retain all payments made pursuant to Paragraph 2, but shall not be

liable for any additional expenses, damages or claim of any kind based on

the failure to complete the Work.

(E) The Purchaser shall have a right to terminate this agreement if, pursuant

to Paragraph 3, the illness of the Artist causes a delay of more than six

months in the completion date or if events beyond the Artists control cause

delay of more than one year in the completion date, provided, however,

that the Artist shall retain all payments made pursuant to Paragraph 1 and

(F) This Agreement shall automatically terminate on the death of the Artist,

however that the Artist’s estate shall retain all payments made pursuant to

Paragraphs 1 and 2.

(G) The exercise of a right of termination under this Paragraph shall be

written and set forth the grounds for termination.

6. Ownership. Title to the Work shall remain in the Artist until the Artist is paid in

full. In the event of termination of this Agreement pursuant to Sub Paragraph (A),

(B), (C) or (D) of Paragraph 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

so chooses. In the event of termination of this Agreement pursuant to Paragraph

5 (E) or (F), the Purchaser shall own the Work in whatever degree of completion

and shall have the right to complete, exhibit and sell the Work if the Purchaser

chooses. Not withstanding anything to the contrary herein, the Artist shall retain

all rights of ownership and have returned to the Artist the preliminary design, all

incidental works made in the creation of the Work, and all copies and

reproductions thereof and of the Work itself, provided, however, that in the event

of termination pursuant to Paragraph 5 (E) or (F) the Purchaser shall have a right

to keep copies of the preliminary design for the sole purpose of completing the

Work.

7. Copyright. The Artist retains the copyright of the above mentioned artwork

(paragraph 1). The Artist reserves all right of reproduction copyrights in the work.

One preliminary design and any incidental works 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

reproductions thereof.

8. Privacy. The Purchaser gives to the Artist permission to use the purchaser’s

names, picture, portrait and photograph, in all forms and media and in all

manners, including but not limited to exhibition, display, advertising, trade, and

editorial uses, without violation of the Purchaser’s right of privacy or any other

personal or proprietary rights the Purchaser may possess in connection with

reproduction and sale of the Work, the preliminary design, or any incidental

works made in the creation of the Work.

9. Non-destruction, Alteration and Maintenance. The Purchaser agrees that the

Purchaser will not intentionally destroy, damage, alter, modify or change the

Work in any way whatsoever. If any alteration of any kind occurs after receipt by

the Purchaser, whether intentional or accidental and whether done by the

Purchaser or others, the Work shall no longer be represented to be the Work of

the Artist without the Artists written consent. The Purchaser agrees to see that

the Work is properly maintained.

10. Repairs. All repairs and restorations which are made are made during the

life time of the Artist shall have the Artists approval. To the extent practical the

Artist shall be given the opportunity to accomplish said repairs and restoration at

a reasonable fee.

11. Possession. The purchaser agrees that the Artist shall have the right to

possession of the Work for a period not to exceed sixty (60) days for the purpose

of exhibition of the Work to the public, at no expenses to the Purchaser. The

Artist shall provide proof of sufficient insurance and pre paid transportation. The

Artist shall have such right of possession for one period not to exceed sixty (60)

days every 5 years.

12. Non-Assign ability. Neither party hereto shall have the right to assign this

Agreement without the prior consent of the other party. The Artist shall however,

retain the right to assign monies due to the Artist under the terms of the

Agreement.

13. Heirs and Assigns. This Agreement shall be binding upon the parties hereto,

their heirs, successors, assigns, and personal representatives, and references to

the Artist and, the Purchaser shall include their heirs, successors, assigns, and

personal representatives.

14. Integration. This Agreement constitutes the entire understanding between

the parties. Its terms can be modified only by an instrument in writing signed by

both parties.

15. Waivers. A wavier of any breach of any of the provisions of this Agreement

shall not be construed as a continuing wavier of other breaches of the same or

other provisions hereof.

16. Notes and changes of addresses. All notices shall be sent to the Artist at the

following address: 10229 Ashwood St. #5 ; Lakeside, CA 92040, and the

Purchaser at the following address:

________________________________________________________________

_. Each party shall give written notification of any change of address prior to the

date of said changes.

17. Governing law. This Agreement shall be governed by the laws of the State

of __________________.

Artist: _________________________________________ Date:____________

(Signature)

Purchaser: _____________________________________Date:_____________

(Signature)