Terms and Conditions for the Commissioning of a Watercolour Panting
Commission Agreement Dated: Date of Invoice
This is an Agreement between
Helen Parry (the Artist) of The Cross, High Grosvenor, Bridgnorth, Shropshire WV15 5PN. United Kingdom.
[Your Name] (the Commissioner) of [Your Postal Address]
Telephone Number: [Your Telephone Number]
E-mail Address: [Your E-mail Address]
by which we agree that:
1. THE COMMISSION
1.1 Upon payment of the deposit by the Commissioner in accordance with clause 3.1, the Artist shall create the proposed Painting as further described in Annex 1 (the Painting).
1.2 The Commissioner understands that the photograph provided or made by the Artist is used as a source of inspiration for the Painting and the Artist will be at liberty to interpret it in his/her best aesthetic skill and judgement.
1.3 The Artist cannot be held responsible for accidental loss or damage of the original photograph, although special care will be given to these original copies. Photographs will be returned to the Commissioner after completion of the Painting, upon request only.
2.1 In consideration of the Artist creating the proposed Painting, the Commissioner shall
pay to the Artist a fee as per invoice (the Fee).
2.2 The Artist reserves the right to charge for charges and expenses not included in the Fee, including:
2.2.1 costs relating to the packaging and shipping of the Painting pursuant to clause 5.2;
2.2.2 costs associated the film processing, editing & printing;
2.2.3 requests for further changes in accordance with clause 4.1 to be charged at an hourly rate of £75.00 (except for the first request which is included in the Fee).
2.2.4 Additional Photography charged at £65.00 per hour, Travel charged at £75.00 per hour, accommodation charged at £125.00 per night
2.3 If the commissioner changed the brief or specification for the Painting unilaterally after the commission starts, the Artist should reserve the right to increase fees commensurately.
3. TERMS OF PAYMENT
3.1 A deposit of 50% shall be payable on the commissioning of the Painting.
3.2 Upon acceptance of the Painting, the Artist will raise a final invoice for the balance of the Fee and any additional costs payable in full upon delivery.
3.3 All invoices will be submitted in and the respective payments made in UK Sterling unless specified to the contrary by the Artist and the Commissioner will ensure that the full amount due to the Artist pursuant to Clauses 3.1 and 3.2 will be paid in the hands of the Artist in London, after conversion and deduction of any bank charges or remittance costs.
3.4 Payments which are not received when payable pursuant to this Agreement will be considered overdue and remain payable by the Commissioner with interest for late payment under the Late Payment of Commercial Debts (Interest) Act 1998. This interest will accrue on a daily basis and be payable on demand.
4. ACCEPTANCE AND COMPLETION
4.1 The Artist will decide in her aesthetic skill and judgement that the Painting is completed, she will give the Commissioner the opportunity to make reasonable comments prior acceptance. The Commissioner shall have up to two opportunities to request reasonable minor changes prior acceptance, after which the Painting will be deemed accepted.
4.12 Due to the medium of watercolour, the artist has the right to reject any minor charges requested by the commissioner, if the artist believes that any changes could damage the paper or have a detrimental effect on the finished painting
4.2 Once accepted, there will be no opportunity for further changes.
5.1 Whenever possible the Commissioner should collect the painting from the artist’s premises.
5.2 If not possible, the Artist may arrange for the Painting to be sent by special delivery within the UK or abroad. An estimate of these costs can be given before the Commissioner decides to commission a painting, however, please bear in mind that this is an estimate only and the final price will depend upon the total weight of the package.
5.3 The Artist shall retain all rights in and title to the Painting until delivery when ownership will transfer to the Commissioner. For the avoidance of doubt, delivery will be deemed when the Commissioner collects the Painting at the Artist’s premises or requests the Artist to arrange for the painting to be posted to the Commissioner’s address.
The Artist shall retain the copyright in the Painting and the Commissioner can only reproduce the Painting for the specific and limited purpose of advertising its re-sale. Should the Commissioner wish to buy the copyright from the Artist, the price should be increased accordingly.
6.1 The Artist shall retain the right to photograph the artwork for publicity or reproduction purposes. However, out of respect for your privacy I do not use children or family names when titling or describing my artwork unless specific permission has been granted.
6.2 The Artist shall retain the right to exhibit art commissioned either before sale is complete or in a retrospective of my work for a maximum of 60 days within a five year period.
7. ENTIRE AGREEMENT
7.1 The Agreement contains the entire agreement between the parties thereto and supersedes any and all previous communications, representations, understandings or agreements, either written or oral, between the parties thereto with respect to the subject matter thereof.
7.2 The Agreement shall not be varied except as recorded by a formal amendment document executed by duly authorised representatives of the parties within which document the Agreement shall be specifically referred to.
7.3 No lack of enforcement by either party hereto of any of the terms or conditions of, or of any rights conferred within, the Agreement shall be deemed in itself to be a waiver by such party of such terms, conditions or rights.
7.4 The Parties agree that the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
8. GOVERNING LAW
This Agreement is governed by, and shall be construed in accordance with, the laws of England and Wales and each of the parties irrevocably submits to the exclusive jurisdiction of the English courts.
9.1 If for whatever reason the Commissioner decides to cancel their commission, they must let the Artist know in writing as soon as possible. The Artist shall be entitled to charge a cancellation fee depending on the time of notification prior to the expected delivery date as defined in the Annex as follows:
9.1.1 less than 2 weeks prior notice – Full Fee payable
9.1.2 between 2 and 4 weeks notice – 75% of the Fee payable
9.1.3 between 4 and 6 weeks notice – 50% of the Fee payable
9.1.4 between 6 and 8 weeks notice – 25% of the Fee payable
9.2 In the event where the Commissioner terminates the Agreement with more than 8 weeks prior notice then the Artist shall return the deposit to the Commissioner less any cost of any materials, expenses, banking charges paid by the Artist pursuant to this Agreement.
All notices in respect of the Agreement shall be given in writing to the parties hereto at the addresses specified hereunder. Notices shall be deemed to be given when sent by registered mail, facsimile or e-mail and a receipt obtained.
DECLARATION & GUARANTEE
I agree that all transactions of sale entered into by myself or my company (known as The Commissioner) shall be subject to Helen Parry’sTerms and Conditions, as the case may be, operative at the time of any contract of sale. I will make full settlement of all monies due immediately on receipt of invoice. I hereby, personally guarantee payment in respect of all sums due from the company (The Commissioner) to Helen Parry, together with all ancillary costs incurred. I have retained a copy of this form for my records (You will receive a copy on submission of this form)
I have read and understood the terms and conditions. I am duly authorised to accept these terms and conditions.
ANNEX 1: THE PAINTING
Number of Subjects:
Is this Commission a Gift?:
Expected date of delivery:
Any additional Details: