This is a contract between (client)
Located at:
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and Ashley Henderson Sherwood (Artist). Client wishes to commission the artist to create three artistic portraits of the subject of the client’s choice. By entering this contract, the client acknowledges that they have reviewed other work of the artist and are familiar with the artist’s style.
Date:
Medium:
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Price:
1. Purchaser agrees to pay a non-refundable amount of 25% of Total Price ($) to the Artist upon signing this contract and the remaining 75% ($) upon satisfactory completion and delivery of the painting.
2. “Satisfactory completion” is defined as a finished work that reflects the main elements of the agreed-upon mockup. The artist will arrange other elements as necessary to create a strong composition. The finished painting is delivered “as is,” and is not subject to further revisions.
3. The Artist agrees to create up to three preparatory sketches or Photoshop mock-ups from which to obtain Purchaser's approval before beginning the commissioned painting. The client will be consulted during the preparation of all mock-ups. If the client does not approve of any preparatory mock-ups, additional may be created at $100 per mock-up.
4. All photos and sketches are property of the Artist.
5. The Artist agrees to complete and deliver the Commissioned Paintings on or before…. If the Artist fails to complete or deliver the paintings by the agreed-upon date, the Total Price will be reduced by 5% for each additional week the delivery is delayed, starting from …. This penalty will be deducted from the final payment due upon satisfactory completion.
6. If the client cannot pick up the paintings, the client agrees to pay all necessary shipping expenses. The Artist will provide an estimate of shipping costs before shipping, and the Client agrees to cover these costs upon receipt of the shipping bill. The artist will provide the client with quotes from two international shippers along with pricing for packaging. Paintings will be shipped un-stretched and rolled. Re-stretching or mounting will be the responsibility of the client. Photos of packaged shipment will be sent to client previous to shipping. Artist is not responsible for damages incurred during shipping. Shipment will be insured for full value of paintings, which will be included in the shipping charges.
7. The Artist’s rights are protected by the Federal Copyright Act of 1976 and the Federal Visual Rights Act of 1991. Purchase of a copyrighted artwork does not transfer the copyrights. The copyright to reproduce the works in copies, to produce derivative work based on the copyrighted image, and distribute copies is retained by the artist. Any transfer of this copyright must be in writing expressly identifying what rights are being sold and for what purpose.
8. The Artist retains the right to reproduce the artwork, create derivative works, and distribute copies. The Artist also retains the right to display the artwork in her portfolio, exhibitions, competitions, and on her website and social media.
9. If requested by the client, the artist agrees to maintain the anonymity of the subject in any public displays or reproductions of the artwork. The client may request restrictions on where and how the artwork is displayed by the artist. Such restrictions must be agreed upon in writing and may involve additional fees.
10. Any disputes arising out of or in connection with this contract will first be attempted to be resolved through mediation. If mediation fails, the dispute will be settled by arbitration under the rules of the American Arbitration Association. This contract shall be governed by and construed in accordance with the laws of the State of North Carolina.
I hereby agree to all terms and conditions set forth in this contract:
Artist: Ashley Henderson Sherwood
Signed__________________________ Date:
Purchaser:
Signed__________________________ Date__________________