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Legal Document for Commissions by =serbus:iconserbus:



<center>Contract for Commission work</center>

Client: Name Date: DD/MM/YYYY
Address line 1
Address line 2
City, State
Zip Code
Phone Number
Main E-mail
Secondary E-mail

Artist: Teshia Lyndall
1234 E 5678 S
Dreamland, ID.
84XXX
(XXX)123-4567
serbus@gmail.com
admin@dkdkgs.com


Client’s Responsibilities: -Provide sufficient resources in order for the work to be completed (ex: photos of a subject, complete description of work desired, etc.)
-Maintaining consistent communication concerning the progress of the work.
-Setting a desired deadline for the piece.
-Setting realistic goals for the piece (ex: cannot cut stencils any smaller than ½ cm apart without weakening most papers, cannot complete a work faster than two weeks, etc.)
-Informing the Artist of any problems or troubles existing with, but not excluding: the work, payment and receipt of payment, copyrights and ownership rules of the piece, or any other problems that may exist.
-Getting permission for use of Copyrighted material from the Rights owner before work is begun on the project.
-Inform the artist of any desired alterations or changes with at least one week’s notice (seven days) of any deadlines and two weeks (fourteen days) notice of the final deadline.
-Agree to uphold this contract as well as any modifications or other documents effecting the commission.

Artist’s Responsibilities: -Respond to any inquiries or problems in a prompt, professional manner.
-Negotiate matters of payment including: the cost of the project, payment methods, refund options, deposits, taxes, and other payment issues.
-Maintain effective communication with the client to insure satisfaction of the work.
-Complete the project within the timeline negotiated unless otherwise agreed upon giving at least one week (seven days) notice.
-Provide materials needed to complete the piece (ex: paper, cutting utensils, canvas, paints, etc.), excluding any resources required by the Client such as photos or references.
-Inform the Client of any changes to the deadlines, costs or agreements signed herein.
-Ensure satisfaction of the work or uphold the refund policy disclosed herein.

Payment Conditions and Agreement:

Deposit:

A 20% deposit of the estimated cost without tax is required for all commission work and payable only through Paypal or snail mail as a money order before work is begun on the project.  Deposits will be no less than ten US Dollars ($10).  This deposit will go to the completed cost of the work.  Should the Client cancel, or terminate this agreement then the deposit will remain with and be the sole possession of the Artist to cover the cost of supplies.  Should the Artist cancel, or terminate this agreement then the deposit shall be refunded to the Client within thirty days after termination by Paypal or snail mail as a money order.  Both the Client and Artist have the right to cancel, or terminate this agreement at any time prior to the final sale (receipt of payment and/or work, whichever comes first).  To cancel or terminate this agreement a written document must be signed by both parties and a copy kept in his or her records for at least five years.

Taxes:

Taxes will be determined by the Artist and included in the estimates given to the Client.

Transfer of Moneys and Refunds:

After completion of the project the Client will send any moneys left unpaid before the work is sent out.  After receipt of payment the Artist will send the piece to the Client within five business days.  The Client should expect receipt of the work between seven to fourteen business days after receipt of payment Depending on shipping options purchased.  Should the Client be unsatisfied with the work then s/he will return it in its original condition to the Artist within five business days upon receipt.  Once the Artist receives the returned commission s/he will refund the cost of the work excluding the original 20% deposit made via Paypal or snail mail as a money order within thirty days.

Costs and Supplies:

The Artist will give the Client an estimated cost of the work by considering the type of work or ideas the Client desires.  S/he will give the estimate based on the material and labor required as well as the time constraints requested (ex: a two week project will cost more than a four week project of the same caliber).  Should the Artist or Client desire to change the commission in any way then a new estimate will be given and the timeline will be altered accordingly.  The Artist is responsible for providing the supplies.

Shipping, Handling, and Shipping Insurance:

Shipping and Handling will be determined by weight of the final piece and preference of the client.  Shipping and Handling costs are not included in any initial estimates given by the artist and are added to the cost of the work at the end of the timeline.
Shipping Insurance is available at 10% the final cost (not initial estimates) of the work not including Shipping and Handling.  Shipping Insurance will be no less than ten US Dollars ($10).  Shipping Insurance covers damages, and loss of the work.  Should the piece be lost or damaged and Shipping Insurance has not been purchased then the Artist will not be responsible for the work.  If Shipping Insurance is purchased and the work is damaged or lost then the Artist will negotiate proper reimbursement with the Client.  Negotiations of reimbursement include: remaking the piece at no additional cost to the Client, refunding the total cost of the work including the initial deposit but excluding Shipping and Handling and Shipping Insurance, or repairing the work at no additional cost to the Client. Should the Client and Artist agree to the work being repaired then the Artist will send postage costs of the work to the Client with packaging.  The Client is required to send the work back in its received condition within five business days of receiving the packaging.
Costs of Shipping, Handling, and Shipping Insurance are non-refundable.  The Client is required to inform the Artist of any loss or damages within thirty days of final payment.

The Commission:

Details of the Art piece:

The Client is responsible for providing the Artist with a detailed description of the work desired as well as references if needed.  The description of _insert_title_here_ is described as follows:
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________

References for the commission are as follows:
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
Copyrighted materials from the above references are as follows (this includes, but is not limited to portrait studio photos, professional photography, another Artist’s work, Wedding photography, and any other reference that may be considered under ownership of someone other than the Artist and/or the Client):
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
________________________________________ __________________________
The Client is required to provide permissions of any copyrighted material from the Rights owner to the Artist by way of photocopy, or fax.  The permissions of use must be provided in hardcopy and must be a legal and binding document and must be notarized.  The Artist is not responsible for any fraudulent materials provided by the Client.  The Client is soley responsible should a suit be filled for Copyright infringement.

Timeline:

The Timeline will be agreed upon between the Client and Artist before any work is begun on the project.

Permissions of Use:

This section regards the permissions of use for the Client.  The Artist reserves all rights to the work unless a purchase of the Copyrights is agreed upon between the Artist and Client.  The Client is permitted to use the work for personal reasons and may not commercialize or otherwise use the work for monetary gain unless permission of use is made between the Artist and Client or the Client purchases the Copyrights.

Purchase or use of Copyrights will be notarized in a separate legal document or contract.

Alterations and Other Legal Documents:

No alterations or changes to this contract may be made unless both parties signs and agree to the changes.  Each participant will have and keep in their files a copy of this contract as well as all other documents pertaining to this commission including but not limited to permissions of use, changes to the agreement, and Copyright agreements.  A copy of this document must be kept in both the Artist’s and Client’s possession for at least five years following the final sale.



I, _______________________, the Client, agree to uphold and maintain this contract.

Signed:_______________________________
Date: DD/MM/YYYY

I, Teshia Lyndall, the Artist, agree to uphold and maintain this contract.

Signed:_______________________________
Date: DD/MM/YYYY
Creative Commons License
Some rights reserved. This work is licensed under a
Creative Commons Attribution-Noncommercial-Share Alike 3.0 License.
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Submitted: October 24, 2006
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Author's Comments

I wanted to make a legal document outline for doing commissions of my stensil work. I'm not accepting commissions yet, but I want to be prepared when I start. I won't be surprised if you get bored by it before finishing the first few lines, but if you do happen to read all the way through it then please tell me what you think and if I'm missing anything. The reason I'm posting this on DA is because I want to have a reference I can send people to while communicating with my clients online. DA just seems to be a fitting place to do it. If anyone wants thier own legal document concerning commissions then go ahead and copy paste this into your own files. Just, don't forget to change the name; I'm not you. Please, any suggestions would be appreciated (just don't flame me for posting a legal document in "prose", it was the only category I could think of).

-Teshia

(Edit): I will now be accepting commission work for my Stencil art only. Please note me with any questions or comments. Thanks!

(Edit): This Document is available to any person desiring to use it. You may alter it however you like. This document may not be distributed for financial gain (ex: someone selling contract services may not use this contract or any alteration of this contract, this is a free resource). Be sure to check with your local laws and speak with a lawyer before using any contract. This is not a substitute for legal advice.

(Edit): For a simpler version of this contract please go to the following [link] Thanks!
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Comments


Good job.
I see so many artist get ripped off on Deviantart (it is the internet after all) yet I hardly ever hear the word contract mentioned in the job forums.
The artist here need to learn how to protect themselves.

--
ArtbyIngridGlaw.com
Etsy Shop [link]
I agree completely. Please pass the word around that anyone needing a contract has the right to copy this and use it for their own purposes. It's hard when honest people get ripped off.

-Teshia
Thank you
I posted it in my journal

--
ArtbyIngridGlaw.com
Etsy Shop [link]
Oh this is perfect - so many things I never even thought of! Mind if I use it? I'll have to alter it quite a bit anyway, as I am in England
Go right ahead. This document is a free resource for anyone to use (maybe I should move it to resource? duh.). All I ask is that you tell people about it. Just don't forget to remove my name when printing your documents... ^^;

Thank you, I'm so glad you like it. Any ideas on improvement?

-Teshia
Well.. some of the American English I'm not sure about, I don't think notarized is a word here! But yeah... I can't think of anything really... I probably wouldn't put "snail mail" but that would be just me. Thinking of just accepting PayPal anyway, lot less hassle. I'll post a link to this in my commission info journal thanks. I'm not so bothered about people here on DA since most are honest and the amounts are never much, it's just the random people from the general public I don't turst!
I hear you, although I have had a few run-ins with dishonest people here on DA.

I think "snail mail" has become a professional American word; I've seen it on a number of Privacy Policies. I'll look into finding a better word, though. I couldn't think of how else to explain it.

I guess notorizing is an American thing. Basically it's a third party witness confirming that you are you. It's usually a bank personell certified by the state or federal government. I'm not sure what I'd have to do for international transactions. Don't know much about international law.

Thank you for the advice.

-Teshia
I've only taken commissions from people on DA that actually have been my watchers for a while and have been very friendly. For the amounts I sell them for.. I guess I'm not really going to lost out anyway. I should quadruple my prices really...
I think those words are just different in the US then... but well, I'm not very familiar with legal terms anyway...
Do have advice on writing a contract for [link]

--
ArtbyIngridGlaw.com
Etsy Shop [link]

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