David Geer | 317 Lillian Avenue, Endicott, NY 13760 | Phone: (607) 437-1553
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 Commission Agreement

Agreement dated _____________________, between David M. Geer residing at 7 Clifton St. Unadilla, NY 138249 (The Artist) and _______________________ residing at _________________________ (The Purchaser).
 

The Artist, defined as a professional artist, and
The Purchaser, defined as an art enthusiast who wishes to commission the Artist to creat a piece of art in his unique style.
The parties agree to have the creation of the Work governed by the following conditions:

1. The Purchaser will have the Artist create a Work of art with the following guidelines:
          Title:
          Description:
          Dimensions:
          Support:
          Price:
2. The Purchaser agrees to pay the Artist one third of the total Price:_____ which is_______ upon affixing their signature to this agreement. The Purchaser further agrees to pay the remaining 2/3 of the total Price:______ which is _______ plus any other agreed upon fees on delivery of the Work.  
          A. The Purchaser shall pay this amount immediately if Work is pick-up or delivered in person.
          B. The Purchaser is required to remit payment upon notification of the Artist if the Work is to be shipped. 
                          1. Upon receipt of payment, the Artist will delivery Work to shipping carrier within five (5) business days.  
3. The Purchaser will provide the artist with photographic materials to complete the Work, if necessary; or will provide necessary entry for the artist to complete photographic research and allow the artist to complete necessary research.
          A. The artist will require a fee of $____________ to cover transportation, film and film development costs.
3. The Artist will create preliminary sketches, mock-ups or other models if required by the Purchaser.
          A. The artist will require a fee not in access of $____________ to cover the cost of this service which will include supply costs, time and labor; this fee will include any changes or corrections required by the Purchaser.
4. The Artist will complete the Work of art within ____________ days of the final design approval. Extensions of this deadline will only be made in situations beyond the artist’s control due to loss, theft, damage, destruction due to flood or fire, act of God or shortage of materials. In such instances the Purchaser will be notified and Work will be completed as close to the agreed upon deadline as is considered reasonable by both parties.
5. The Purchaser understands this agreement for the Work and Work only. Any framing, installation or hardware that would make the Work Display Ready will not be provided by the Artist as a part of the Work.
          A. If the Purchaser chooses to purchase the Work Display Ready the Artist will access a fee of $________________ to cover the cost of framing materials and hardware.  
6. The Purchaser will incur all shipping costs. The cost of this shall be defined by the current rates of the United States Postal Service or the rates of another freight carrier, if specified by the purchaser. Art Work shall be delivered to the address specified by the Purchaser in this agreement, unless another destination is requested. If a different destination is requested that address will be ______________________________________________________.
           A. Within 120 total roundtrip miles of the Artist’s residence hand delivery by the Artist shall be free of charge.  
           B. If the Purchaser requests hand delivery beyond 120 total roundtrip miles of the Artist’s residence a delivery fee of $____________ shall be added.
           C. The Purchaser upon notification of the completion of Work may schedule a visit at the Artist’s residence to pick-up Work at no cost or if designated, the Work may be picked up by the Purchaser at ________________________________________.
7. The Artist shall insure the Work while it is in the Artist’s possession or in transit. If the Work is lost or destroyed, the Artist shall recommence Work at no costs to the Purchaser other than those outlined in this agreement.
8. Upon payment and delivery of the Work, the Purchaser shall have Title ownership of the Work. All Work Products necessary to the completion of the Work including photographic or digital materials created by the Artist, preliminary sketches, mock-ups and models shall remain with the Artist
9. The Artist retains Title ownership of the work in the following events:
          A. Full payment, in accordance with this agreement is not received.
          B. The Purchaser chooses not to complete purchase of artwork; in which event the initial payment of 1/3 the Price of the work remains with the Artist, and the Purchaser will be responsible for all other fees outlined in this agreement.
          C. The Artist fails to produce a completed work within 30 days beyond the deadline set forth in paragraph 4. In this case the Price of the work shall be refunded in full to the Purchaser.
10. The Artist retains all copyrights on the work, including rights of reproduction and copyright on the work and all Work Products. The copyright in the name of the Artist shall appear on the work and the Artist retains all rights to authorship of the work in connection with the work or any publication thereof.
11. The Artist retains the right to use the Purchasers name, and name only, in display, exhibition, trade, editorial or publication of the work without violating the rights of privacy of the Purchaser including proprietary and personal rights in connection with the Work or any Work Products.
12. The Purchaser may not intentionally alter, damage, destroy, modify or change the work in anyway. If the Purchaser or any other party does alter, damage, destroy, modify or change the Work, the Work can no longer be represented as the Work of the Artist. The purchaser will make all effort to preserve the work in good condition.
13. Any repairs or restorations must be approved by the Artist in writing; and whenever possible the Artist must be allowed to make these repairs and restorations himself unless he waives this stipulation in writing.
14. The Artist retains the right to possess the Work of art upon sufficient notification and for no longer than a time period of 60 days for purposes of reproduction, exhibition or documentation of the Work every five (5) years. The Work shall be sufficiently insured while in the Artist’s possession.
15. This agreement shall be binding between the Artist and Purchaser, their heirs, successors, assigns and personal representatives; and all references shall include their heirs, successors, assigns and personal representatives.
16. This agreement constitutes the entire understanding between the Artist and the Purchaser.
17. Any changes to this agreement must be agreed to by both parties in writing.
18. This agreement shall be governed by the laws of the State of New York.

Artist:________________________________________________

Purchaser:_____________________________________________
   

 

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