I am in the process of negotiating a commission and am wondering if
anyone can recommend a source for an appropriate contract template
or has one of their own they’d be willing to share. It is a large
enough amount of money and material investments, I am concerned
about protecting myself. Any help or feedback is welcome.
-Jo Nelson
Hi Jo,
this contract should do, it is from Nolo Books.
Edith
Edith Schneider Jewelry
P.O.Box 52001
Palo Alto, CA 94303
@Edith_Schneider
www.edithschneider.com
(650) 813 9755
…
Commission Agreement
…
Number: _______________ Job Number: ________________To: ______________________ (‘Buyer’)
From: _________________________ (‘Artist’)
Delivery Date(s): _________________________
Fee: _________________________
Job Description (‘Work’):
…
Payment
Buyer shall pay Artist as follows:
[ ] An initial nonrefundable payment of $_______ upon signing this
agreement and the remainder upon receipt of the Work.
[ ] Payment in full within _____ ( ___ ) days of signing this
agreement.
[ ] Additional Expenses
Artist shall be remunerated for the following expenses:
________________________________________.
Buyer shall also pay all applicable sales taxes due on this
assignment.
[ ] Credit
All publications or displays of the Work by Buyer shall contain the
following statement: _____________________________.
…
[ ] Termination; Cancellation
In the event this agreement is canceled by Buyer for any reason
other than Artist?s breach of this agreement or inability to
complete the work as agreed upon, Buyer shall pay to Artist the
cancellation fee of $_______ along with expenses incurred. In the
event of termination by Buyer, Artist shall retain all works in
progress and any payments already made.
…
Liability
Neither party shall be liable for incidental or consequential
damages, nor for any claims in tort (or for punitive damages) which
may arise from any breach of this agreement or any obligation under
this agreement.
…
Reservation of Rights; Ownership of Original
Artist retains copyright and all other intellectual property rights
in all artwork furnished under this agreement.
[ ] No Destruction or Alteration
Buyer agrees not to intentionally destroy or modify the Work.
…
Entire Agreement
This is the entire agreement between the parties. It replaces and
supersedes any and all oral agreements between the parties, as well
as any prior writings. Modifications and amendments to this
agreement, including any exhibit or appendix hereto, shall be
enforceable only if they are in writing and are signed by authorized
representatives of both parties.
…
Successors and Assignees
This agreement binds and benefits the heirs, successors and
assignees of the parties.
…
Notices
Any notice or communication required or permitted to be given under
this agreement shall be sufficiently given when received by
certified mail, or sent by facsimile transmission or overnight
courier
…
Governing Law
This agreement will be governed by the laws of the State of
___________.
…
Waiver
If one party waives any term or provision of this agreement at any
time, that waiver will only be effective for the specific instance
and specific purpose for which the waiver was given. If either party
fails to exercise or delays exercising any of its rights or remedies
under this agreement, that party retains the right to enforce that
term or provision at a later time.
…
Severability
If a court finds any provision of this agreement invalid or
unenforceable, the remainder of this agreement will be interpreted
so as best to carry out the parties? intent.
…
Attachments and Exhibits
The parties agree and acknowledge that all attachments, exhibits and
schedules referred to in this agreement are incorporated in this
agreement by reference.
…
No Agency
Nothing contained herein will be construed as creating any agency,
partnership, joint venture or other form of joint enterprise between
the parties.
[ ] Attorney Fees and Expenses
The prevailing party shall have the right to collect from the other
party its reasonable costs and necessary disbursements and attorney
fees incurred in enforcing this Agreement.
[ ] Jurisdiction
The parties consent to the exclusive jurisdiction and venue of the
federal and state courts located in _______________ [county],
_______________ [state], in any action arising out of or relating to
this agreement. The parties waive any other venue to which either
party might be entitled by domicile or otherwise.
[ ] Arbitration
Any controversy or claim arising out of or relating to this
agreement shall be settled by arbitration in _______________
[county], _______________ [state], in accordance with the rules of
the American Arbitration Association, and judgment upon the award
rendered by the arbitrator(s) may be entered in any court having
jurisdiction. The prevailing party shall have the right to collect
from the other party its reasonable costs and attorney?s fees
incurred in enforcing this agreement.
…
Signatures
Each party represents and warrants that on this date they are duly
authorized to bind their respective principals by their signatures
below.
Buyer:
Signature Date
Typed or Printed Name
Title
Artist:
Signature Date
Typed or Printed Name
Title
…
End of Commission Agreement
…