I recently negotiated a commission to create a painting. I thought posting a copy might be useful. The name of the customer was changed to protect privacy.
- This is an agreement between John Smith (“John”) and David Rourke (“David”).
- David will create a painting according to subject matter and composition chosen by John.
- The painting will be approximately ____ x ____ inches in size. It will be completed in oil paint using professional-quality materials and methods.
- David will complete the painting, to the best of his ability, within three months.
- John will pay David a total of _____________________ dollars (not including applicable sales tax) for the painting. Payment is due as follows:
- One third of the total price upon completion of this agreement. David will then create one or more preliminary composition drawings for review and approval by John.
- One third of the total price upon approval of the final composition drawing by John. David will then prepare the canvas and complete the painting within a mutually agreeable time frame.
- One third of the total price upon delivery of the completed painting.
- Payment is not refundable. However, John can end this agreement at any time with notice in writing to David.
- Framing is not included in the price.
- Although John will own the painting and has the right to display it as he sees fit, David retains copyright of the image. This agreement provides John with authorization to use photographs of the painting for personal, non-commercial use. Any other use of any image of the painting or portion or derivative thereof requires prior authorization in writing from David.
- David will deliver the completed painting to John when it is sufficiently dry for hanging. It is recommended that the painting receive a coat of protective varnish approximately six months after completion. Upon request, David will varnish the painting at no additional cost.