ART COMMISSION AGREEMENT
This Art Commission Agreement (the "Agreement") is entered into as of [Effective Date] (the "Effective Date"), by and between:
[Party A], a corporation ("Artist"), and
[Party B], a corporation ("Client").
The Client commissions the Artist to create the work described in this Agreement, and the Artist agrees to create it, on these terms.
1. Commission. The Artist will create [commission brief] (the "Work") in [medium]. The fee includes one round of revisions. A change that departs from the brief is extra only if both sides agree in writing.
2. The object and the copyright. Who keeps the physical object is separate from who owns the copyright. If the Work is a physical object, that object belongs to the Client when the fee is paid in full. The Artist may keep studies and unused sketches that are not the finished piece. When the fee is paid in full, the Artist assigns to the Client the copyright in the finished Work created under this Agreement. The assignment does not cover the Artist's earlier work, style, or tools.
3. Credit. The Client will credit the Artist by name when the Work is published, in a manner that fits the format, unless the Artist waives credit in writing.
4. Portfolio. The Artist may show the Work in a portfolio, an exhibition, and online after the Client first publishes it, or 30 days after delivery if the Client has not published it. The Artist will not reveal the Client's confidential information.
5. Third-party materials. If the Work includes third-party materials, those materials stay under their own rights. The Artist does not transfer a right the Artist does not hold. The Client will not supply reference material the Client has no right to use.
6. Fee. The Client will pay [fee]. No deposit is due at signing. The balance is due when the Artist delivers the Work, unless the Parties agree otherwise in writing.
7. Cancellation. If the Client cancels after the Artist has started, the Client will pay for the portion of the Work completed. If the Artist has not started, neither side owes a cancellation fee.
8. Governing Law. This Agreement is governed by the laws of Delaware, without regard to conflict of laws principles. Any legal suit, action, or proceeding relating to this Agreement must be instituted in the state or federal courts located in Delaware, and each Party irrevocably submits to the exclusive jurisdiction of those courts.
9. General. This Agreement is the entire agreement on its subject. It may be amended only in a writing signed by the Parties, and it may be signed in counterparts, including electronic copies. If a part is unenforceable, the rest stays in effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Artist: [Party A]
By: ________________________________
Name: [Signatory]
Title: [Title]
Client: [Party B]
By: ________________________________
Name: [Signatory]
Title: [Title]