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Sample Portrait Contract

Portrait Commission Contract

This is the final contract between the "client" ____________________ located at:

Street: __________________________

City: _____________________ State: _______________ Zip: __________

Phone: _______________ Cell phone: _________________

Email: ________________                                                                                                            

 

Project Description

Client wishes to commission the artist to create an artistic portrait in watercolor of

_________________________________, the subject".                                                                                    

Size: ___________

Orientation: (please circle)    Vertical     Horizontal     Square    No Preference

 

TERMS OF SALE

By entering this contract the client acknowledges that they have reviewed other portraits of the artist and is familiar with the artist style and wishes to have a fine art portrait of the subject completed by the artist in watercolors or charcoals. Examples of the artist work can be seen on the internet at www.SchulmanArt.com. Miriam Schulman defines her style as impressionistic and not photo realism. Portraits are full to ¾ of life size.

Portraiture is an art form not an exact science. A portrait represents the artist’s unique interpretation and vision of her subject. The artist will make every attempt to accurately portray the likeness of an 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 her artistic integrity and style.

All photographs and digital images remain the property of the artist.

All sketches and preliminary drawings and paintings remain the property of the artist.

Artist shall have the right but not the obligation to photograph the artwork for publicity or reproduction purposes. This includes but may not be limited to printed brochures, and the artist’s website

Artist and her heirs maintain all reproduction rights to artwork. Artwork shall not be reproduced without written permission of the artist. For example, you may not photograph the art and create prints or cards without permission.

Artist maintains the right to exhibit art commissioned either before sale is complete for a maximum of 30 days.

 

PROCEDURES

  • An initial design meeting is included. This meeting is 45 minutes and may be conducted on the same day as the photo shoot or prior to booking the photo shoot. During the consultation the artist will discuss wardrobe, lighting, hair as well as where the painting may be displayed in the home.

 

Photo session for the portrait is to be conducted on (date): ____/____/____. 

 

  • Artist is not responsible for hairstyling. Please make sure subjects’ hair is clean dried and styled in a manner they normally wear it. The artist may recommend stylists if requested.
  • After the artist has reviewed the photos and after discussion with the client, a final pose and general design of portrait are agreed to, and the preliminary sketch is started. This consultation should last no more than 45 minutes and is conducted in the artist’s studio or over the phone.

 

Photo Number(s): __________

 

  • After the preliminary sketch is completed, the client reviews it. After the drawing has been approved the final painting will be started. At this stage a likeness is desirable but may not emerge until the painting is completed. The drawing is approved to make sure that there are no disagreements that the correct photo, pose, size of the portrait as well as the orientation are all agreed upon before the painting is started.
  • The final painting is usually completed within three months after it is started. Upon completion it is reviewed by the client and delivered to them upon approval.

 

FEES

  • BASE Price of commission portrait: $_________ Prices listed in brochures and website subject to change. Price is fixed upon receipt of signed contract and 50% deposit
  • Client must make a non-refundable deposit of $500 to secure photo session and sign this contract before proceeding.

The amount is fully applied to the cost of the portrait and there is no obligation for client to continue. If the client does not continue ,they are not entitled to any proofs or photos without payment.

  • The initial consultation is included in the cost of the portrait. Should the consultation run over the fees will be charged at the rate of $150 per hour. All hourly rates described herein are rounded up to the nearest hour.
  • Travel fees for clients outside of Scarsdale will be billed at the rate of $5 per mile for every trip to the client’s home plus airfare and hotel charges if any. ($100 to Manhattan)
  • Digital file of images may be purchased for an additional fee of $250 or $75 per negative. Best 10-15 shots with photoshop.
  • The fees for shooting the photographs to be used for the portrait are included for the first hour of photography only. Photography requested after this time, or if the clients aren’t ready when the artist arrives for the photo shoot will be billed at the rate of $150 per hour.
  • If photo shoot needs to be redone because you are unhappy with the subject’s appearance, there will be a $399 Any other reason for a photo reshoot that is beyond the control of the artist will also be recharged (examples: runny swollen noses, allergy attacks, swollen eyes, braces etc)
  • If the second consultation is requested in an alternative location or photos are to be reviewed online then there is a $150 charge plus travel fees. If the client has trouble deciding and needs additional time or additional consultations to choose a photo then the client will be billed at the rate of $150 per hour.
  • Prior to the initial drawing, an additional payment of 50% of base portrait

price: ($__________) plus travel expenses: (____________) is due.

  • Price is quoted on size above. If client wished to change the size of the portrait after the drawing is completed there will be a $400 charge plus fees for the larger size based on current portrait prices.
  • If client decides to choose a different photo after drawing is completed there will also be a $400 for a new drawing.
  • Upon completion of the portrait, balance of portrait plus applicable sales tax and any travel or shipping costs are due at this time.
  • Fees are only for the original artwork and do not include copyrights or reproduction rights, which remain with the artist. The cost of purchasing the digital file of the photograph of the portrait for the client’s shared print rights is $250
  • Prices do not include framing; however, the artist will include a presentation mat if desired for non-custom sizes less than 18x24”. It is understood that the client will replace this with an archival mat when they have the piece framed.
  • Deposits made up to 50% required after drawing approval and are not refundable.
  • Buyer pays for all photography costs incurred during project.
  • Artwork is picked up from artist studio or may be delivered for an additional fee. ($150 plus travel for hand delivery or fees for shipping and handling)

Purchasing Prints:

  • Prints and framed prints of the portrait will be available from a print on demand service. Currently, the artist is using http://schulmanart.imagekind.com
  • The client may use the art on a holiday card in one of the following manners: 1) the client may purchase the digital file as noted above, 2) the client may purchase cards from Imagekind or 3) the artist may make cards for the client at $2 each. There is a minimum order of $100. The client may add optional text to the inside of the card.

Copyright Issues:  Clarification of Artist rights as 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. Works of art cannot be modified without the permission of the artist. Works cannot be distributed, mutilated or modified in any way that would prejudice the reputation of the Artist.

 

Signature: _________________________________ Date: ____/____/____

 

Artist signature: _____________________________ Date: ____/____/____

 

History of Payments & Fees

Date

Amount

Service

Method of Payment

Balance Due