Art Commission Contract

This agreement is made the ______ day of ______________, _______ (year) by and between:

Name:  Terry Rosenfelder (Artist)
Address: 806 Santa Maria Ave., Wilmington, NC 28411

Phone: (910) 686-2582       E-mail:  tcrosenfelder@bellsouth.net
and

Name: ________________________________________________ (Collector)
Address: ______________________________________________
Phone: ________________ E-mail: _______________________

The parties agree as follows:

1.      The Project: Collector is commissioning an oil painting on canvas created by the Artist. Subject matter is to be based on the attached photo created by the patron ___________ and is guaranteed not under copyright by a third party. The painting will be completed within 3 months of the signing of this agreement. The commission will not include framing, which the collector will choose and pay for.

2.      Right of Refusal: It is the intent of this contract that the Artist creates a painting for the Collector that the Collector will purchase. However, if, after the work is completed, the Collector does not wish to purchase the work, the Collector may refuse to accept the finished painting. In that case, the Artist will retain the refused artwork and the nonrefundable deposit, free of any claims or interests of the Collector and the Collector will owe no additional fees to the Artist.

3.      Copyright: Artist reserves the copyright to any painting commissioned by Collector that is created by the Artist, including all reproduction rights and the right to claim the copyright for the painting, even though it is based on a photo created by the collector.

4.      Payment Amounts: size and selling price will be decided by the parties. Selling price will be based upon canvas size and complexity of completed work and will be consistent in style and quality with other comparable works by Artist at the time of sale. Parties will agree to price in writing prior to the commencement of each artwork.

5.      Payment Terms: A nonrefundable deposit of one-third of the selling price is required before work commences. Payment in full is due upon receipt of the completed artwork which will be picked up at the artist’s home in Wilmington soon as possible after the collector is notified by email that the painting is finished. A photo of the completed painting will be attached to the email.

The parties below have executed this Agreement on the day and year written above.

Signed: