Many artists, ranging from emerging or amateur artists all the way to established professionals, create commissioned artworks for clients. A commissioned artwork means that the purchaser has some input into a finished work they have agreed to buy. It is extremely important to know how to write a contract for commissioned artwork. Having a written agreement protects both the artist and the buyer. In terms of artwork, your contract can range from vague direction or discussion all the way to specific agreed upon terms for colours, subject matter, materials used, size, etc. It is up to each artist to decide how much input or direction they will accept from a client and how much they prefer to decide for themselves. What is most important is to include the key details below in your contract for a commissioned artwork.
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Whatever your artistic boundaries are for commissioned artworks, you should always create a written contract or commission agreement outlining your own stipulations. I have listed some common examples below. Having a written contract signed by both parties is meant to:
Use this description to list what aspects of the work are agreed upon in advance, such as size, colours, materials, etc. It could be specific, for example, “the artist ____ agrees to complete a 30 x 30 inch oil painting on canvas for the client _____, depicting a sheep and using mostly blue hues.” It could be loose: “The artist _____ agrees to create an abstract painting for the client ______.” If anything is verbally agreed upon, it should also be in writing.
It is quite reasonable for an artist to collect 25% to 50% of the full cost of the artwork upfront before beginning the work. This is to protect the artist’s investment in materials and time. It will also eliminate potential clients who aren’t that serious. You should list the total cost of the work, the deposit necessary to begin the commission, and when final payment is due. Final payment could be due upon delivery of the work. It could also be due upon final approval of the client. Be careful if you indicate that final payment is due upon approval of the work by the client… you could find yourself editing the work over and over until the client is satisfied.
You should agree upon a completion date for the work, making sure that you give yourself enough time for revisions and drying, if necessary. Many artists also set up a viewing and meeting date for when the work is partially completed.
If applicable, indicate whether the work will be framed or unframed, or if framing will cost extra.
Indicate whether you will deliver the work to the client or whether they need to arrange their own delivery.
Indicate whether you will install the work for the client, or whether they need to arrange this separately. If you are not installing the artwork for them, you should make sure that it has proper hanging hardware already attached. This will make hanging the artwork as straightforward as possible.
Many clients will assume that since they are paying for the work, they own the copyright. Unless you are signing over the rights to you work (there should not be any reason for this sort of agreement, normally), you should stipulate that you retain the copyright of the work. This means you can put an image of the work on your website, and use it for portfolios, etc. Always check on the copyright laws in your country or area.
You can view a sample contract for an art commission here, here and here. I googled “artist commission agreement examples” to find these. There are many more available to view online. Always be sure that when looking at examples, they are relevant to the laws in your area.
Have you had good or bad experiences commissioning artworks? What points have you included in your commission agreements to protect yourself as an artist?
