Commission Agreement
Payment Schedule
The total Commission fee will be collected in two (2) payments. A non-refundable deposit of 50% shall be
paid upon the date of signing the Commission Agreement. The remaining balance shall be paid in full, along with
any expenses and shipping charges, on or before the date of shipment of the Commissioned Work, of which
the Artist will give five (5) days notice. The Client shall pay the applicable sales tax with the final payment.
The Client assumes responsibility for all collection and legal fees necessitated by default in payment.
Shipping and Delivery
The Artist shall make a good-faith effort to execute the Commissioned Work to the satisfaction of the Client
prior to delivery by emailing progress updates.
The Artist agrees to complete and deliver the commissioned artwork on or before the agreed date. In the event that the Artist fails for any reason to make delivery within the agreed period, Artist shall be entitled to extend
the delivery date for a reasonable period thereafter not exceeding a total of 30 days.
The Commissioned Work will be packed and shipped flat, unmatted, and unframed, with tracking and insurance. Packing and shipping insurance are in addition to the creative fees and will be shown on the final invoice.
The Client agrees to pay all packing, shipping, insurance, and other expenses related to the delivery of
the Commissioned Work.
The commission includes one (1) revision during ideation phase.
Additional revisions will be charged on hourly bases ($35.00/hr).
Revision
In the event that the Client does not wish to continue the commissioned artwork after the initial deposit,
the Client may refuse. In that case, Artist will retain the refused artwork and the non-refundable deposit.
This is free of any claims or interests of the Client and the Client will not owe any additional fees to the Artist.
In the event, however, that the Client shall refuse to accept delivery of the finished Commissioned Work
as executed (whether such refusal is reasonable or not), the Client shall nonetheless be liable for payment of
the second installment of the total purchase price as if the Commissioned Work had actually been delivered.
Right of Refusal
Copyright
The Commissioned Work is copyrighted in the Artist’s name. The Artist also retains ownership of all rights to
any preliminary drawings or sketches which may be made in connection with the execution of the Commissioned Work. Copies of finished art cannot be reproduced without Artist’s written consent.
The Artist reserves the right to use reproductions of the Commissioned Work to promote her work. This includes the right to display reproductions of the work on her websites, blog, social media, training videos, slide decks, and articles. Should the Client wish to create a reproduction of the work, the Artist asks that the Client
purchases the fine art prints and paper products from the Artist. The Client agrees to not sell reproductions
of the work in any form, whether printed or digital.
The Artist agrees that she will not sell image licenses of the Commissioned Work.
Licensing
Ownership of the original Commissioned Work transfers to the Client upon receipt of payment in full.
Ownership of Original Work
Ownership of Preliminary Work
The Artist retains ownership of all original drawings and sketches relating to the Commissioned Work.
The Client shall not intentionally destroy, change, damage, modify or otherwise alter the Commissioned Work.
All repairs and restorations made during the lifetime of the Artist must have her approval. To the extent
that it is practical, the Artist shall be given the opportunity to accomplish said repairs and restorations
for a reasonable fee.
Non-destruction
Each party shall give written notification to another party of the change of address prior to the date of
said change. All disputes arising out of this agreement shall be submitted to final and binding arbitration.
The arbitrator shall be selected in accordance with the rules of the state of California. The arbitrator’s award
shall be final and judgment may be entered upon it by any court having jurisdiction thereof.
Miscellaneous
There are no returns or exchanges once the Client takes possession of the artwork.