Portrait Commission Contract
This Contract is made this ___________ day of _________________________, 20____,
between Sharon Steiner (“Artist”) residing at 5191 Patricksburg Rd. Spencer IN 47460, and _______________________________________________________________________________________(“Client”)
residing at _____________________________________________________________________________Phone___________________________
Artist agrees to execute the “Commissioned Portrait” from photos taken personally or provided by the Client, and the Client agrees to pay for - and accept - delivery of the Commissioned Portrait, subject to the terms and conditions of this Contract. Client agrees that they are familiar with the Artist’s style and wishes to have a Fine Art Portrait of the subject, completed by the Artist. Examples of the Artist’s work can be viewed at www.sharonsteinerartist.com.
DESCRIPTION OF THE COMMISSIONED PORTRAIT:
Subject’s Name/Title: ________________________________________________________________________________________________________________
Dimensions: (canvas size) ______wide x ______ high Medium: Oil Client providing photos_____ Artist taking photos_____ Date and time of shoot___________________________________
Format (select one):
Head only______ 11”x14” starting @ $595.00 Allow approximately 6 weeks from initial photos, to delivery/shipment with framing. Allow extra time for additional figures/pets/specific interiors/landscapes. Exact timeframe will depend on complexity, and will be estimated before beginning.)
Head & Shoulders______ 16”x20” - *most popular size* - starting @ $850.00 – Allow approx. 8 weeks… (see: “Head only” information…)
Head to Lap______ 20”x24” starting @ $995.00) - Allow approx. 10 weeks (see: “Head only” information…)
Full Body______ 24”x30” starting @ $1195.00) – Allow approx. 12 weeks (see: “Head only” information…)
Clothing Style: Formal_______ Casual_______
Specific clothing (Please provide actual garment or photos)_______________________________________________________________________________________________________________
OR - request for specific portrait clothing style or colors:________________________________________________________________________________________________________________
Setting/Background: Soft/Minimal_______ Specific color/s request________________________
Specific Interior/Landscape (Add 20% to cost) _____________________________________________________________________________________________________________________
Additional Figure/Pet (Add 50% to cost for each subject) _______________________________________________________________________
Additional Elements (please provide photos):
If you do not wish to have the framing done elsewhere, I can purchase a frame - you will select - through my wholesale dealer at my cost. Frames with shipping are an additional charge (receipt copy will be provided), and I will do the framing free (ready-to-hang) prior to delivery of finished Portrait. Allow approximately 2 weeks for dealer frame delivery and framing. If I am choosing the frame, photos e-mailed of your current home’s frames are helpful when selecting framing choices.
Client framing - after receiving finished portrait______ Artist ordering frame - framing portrait______
DEPOSIT AND PAYMENT:
In consideration of Artist’s services (including labor, materials, and equipment), Client shall pay Artist the total purchase price of $____________ and 7% Indiana State Sales Tax of $__________ - 50% of which shall be paid upon the date of signing this Contract at $____________ (paid through PayPal to [email protected]). The final payment of 50% - $___________ - (also paid through PayPal) shall be paid approx. 10 business days before the date of delivery/shipment of the Commissioned Portrait, to allow for funds to clear. Delivery/shipment of the Commissioned Portrait is due the ________ day of _____________, 20_____ (barring shipping center closures or unusual circumstances). Any of the Client's original photos/items in the Artist’s possession will be returned after final payment, and with delivery of the Portrait. In the event that the Client shall refuse to accept the Commissioned Portrait (before or after payment of the remaining 50% balance due), and after all reasonable changes have been made by the Artist, the Client shall be refunded 75% of any payments made. The Artist shall retain the Portrait, and 25% of any payments made for labor, design work, and materials.
In the event that the initial photography session and/or delivery distance is over 125 miles from Spencer IN, the Client agrees to either:
(#1) _______ pay $.35 per mile for ___________ miles over 125 miles (round-trip) at $______________, and reasonable lodging expenses (if necessary) at $______________,
OR (#2) _______ the Client agrees to pay all packing and shipping expenses (based on a good faith estimate of size and weight of the packaged Portrait) at $______________, to ensure protection of the Commissioned Portrait. A copy of the shipping receipt will be provided.
Artist shall make a good faith effort to execute the Commissioned Portrait to the satisfaction of the Client. Artist will e-mail progress photos periodically to Client. If the Client has any concerns or changes that can be reasonably accomplished, the Client should discuss them at these times. This ensures that the Client will be involved in the Portrait’s progress, and will be happy with the final result when completed. "Portraiture is an art form, not an exact science. A Portrait represents the artist's unique interpretation and vision of their subject. The Artist will make every attempt to accurately portray the likeness of the individual. The Artist will, within reason, work with the Client to change or enhance aspects of the Portrait. However, the Artist reserves the right to limit the number of changes, as she sees fit, to preserve the integrity of the Artist's particular style and quality of work."
The Commissioned Portrait is copyrighted in this Artist’s name, as protected by the Federal Copyright Act of 1976 and the Federal Visual Rights Act of 1990. Purchase of a copyrighted artwork does not transfer the right to produce or distribute copies of the image, or derivative work based on the copyrighted image. Any transfer of this copyright must be notarized in writing, expressly identifying which rights are being transferred and for what purpose.
Artist retains ownership and all rights to any preliminary Portrait works, (not limited to) drawings, studies, sketches, image studies, and artist-taken photos, in preparation or execution of the Commissioned Portrait. Artist has the right to show the image in (but not limited to) a portfolio, website, exhibit, competition, or on marketing materials. However, the Artist agrees to maintain the anonymity of the subject, if specifically requested on this Contract. In the event that the Client refuses final delivery of the completed Commissioned Portrait, the Client relinquishes the Portrait itself and all claims connected to the Portrait.
If the Client sells, barters, exchanges, trades, or otherwise transfers the Commissioned Portrait to another person or entity - other than immediate family - the Client shall pay the Artist a sum equal to fifteen (15) per cent of the appreciated value - meaning the difference of the fair market value of the Commissioned Portrait at the time of the transfer and the total purchase price under this Contract.
The Client shall not intentionally destroy, change, damage, modify or otherwise alter the Commissioned Portrait. All repairs and restorations made during the lifetime of the Artist must have the Artists’ written approval. To the extent that it is practical, the Artist shall be given the opportunity to accomplish said repairs and restorations for a reasonable fee.
I hereby agree to all terms and conditions set forth in this contract:
Artist: Sharon Steiner
Signature: _____________________________________________________________________________ Date: __________
Signature: ____________________________________________________________________________ Date: ___________
Anonymity Request ?: ____________________________________________________________________________________
Please make PayPal payments to: [email protected]
Artist will provide a SASE for all original document returns
Sharon Steiner www.sharonsteinerartist.com
Hummingbird Hill Art Studio
5191 Patricksburg Rd
Spencer IN 47460
(cell #) 317-694-4740