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| Faded Irises by Jean-Pierre Jacquet Oil on Panel | 16 x 12
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Hi There,
With so much art business being done online these days, it's inevitable that at some point, you will run into online scammers. Protecting yourself and your business is key to avoid uncertainty when dealing with online transactions.
In the article below, Johanna Spinks, Guest Author for FineArtViews, dives into several tips for commissioned artwork to keep in mind when conducting your business.
Don't forget to reply to this email and send us any questions you may have!
Enjoy, Clint Watson
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Like fairytales, art commissions don't always have happy endings. That's why, as artists, we must leave a paper trail, like in the famous German fairytale where Hansel and Gretel left a trail of breadcrumbs to find their way home through the dense, dark forest.
I'm not sure how it worked out for Hansel and Gretel, but art paper trails, also known as contracts, will serve as a helpful guide to keep you clear of wolves or witches, certainly when compared to working without a contract and the forest is closing in.
Most fine artists will be approached at some point in their careers to paint via commission - a favorite pet, fabulous home, gorgeous child, stunning garden view. Landscapes, wine labels, logos, and book covers all need to be painted and will bring clients knocking on studio doors.
As a portrait artist, I work by commission without exception, having painted all of the above for clients over the years.
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| I don't start anything until I have a signed and "exchanged" contract.
I like the app Genius Scan to easily email paperwork back and forth as well as DocuSign. Never be afraid to tell a future client that you always work with a small contract "in the interest of both parties". It shows you have a professional approach.
I have never had a client object, but I have had to remind them to sign the contract or it ain't happening. End of story.
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| Below are some contract tips for commissioned artwork that have served me well for many years. After some bumps in the night, I have learned to adjust my contract accordingly, to avoid future scrapes, particularly around internet scams or exchanging funds without a contract.
Standard Art Commission Contract: (mine is concise at two pages long) Always include your contact information, signature logo or image of your work, an artist commission statement (1-2 sentences), client contact information and commission details.
Commission Details: An important paragraph outlining specifics of the actual commission. Include medium, canvas size, anticipated delivery date, actual delivery date space, space for a photo of finished painting, full price amount (including sales tax), deposit amount (non-refundable).
Artist Commission Statement: Note details from the conversation with your client, if the pooch is going to wear a requested blue collar, or the house commission must include the front hedges, or the beach must be painted at sunset.
Deposit: Require 50% down, non-refundable, paid in full, clearing your bank account, before you lay brush to canvas. On internet orders, where I don't get to meet the client, I ask for full payment upfront.
I prefer PayPal or check. No money orders.
Commission Presentation: Will you provide a sketch for approval? This usually takes place over email if the client is out of state. Will you show them your commission 'in process"? I say "no" to this one as it opens a whole can of worms from the fairytale forest floor.
Expect to have to make changes or don't do commissions.
Making Changes: Art commissions are team work including you, the client and perhaps an agent. Although I have not had a commission rejected in nearly 25 years of working with clients, I implemented a change policy after a painting came back years later for me to change the hands. I give a two-week grace period during which I will happily make reasonable changes completely free of charge. Beyond the grace period, I charge $150 an hour for revisions. This encourages clients to get back to you before the grace period is over.
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| PayPal is the preferred method of payment for online inquiries, scammers run for the hills when you mention this method.
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Payment: Payment is due at the time the final invoice is received, not on receipt of painting. I submit the invoice for final payment when the client has approved and signed off on the painting, usually via email.
Shipping, packing, delivery, framing and travel insurance are NOT INCLUDED (unless you want to pay for this, or part of it). The canvas becomes the sole property of the client when it leaves your studio door. Client assumes financial responsibility for shipping AND travel insurance.
Copyright Notice: The artist reserves all copyrights until 50 years after their death. The painting may not be reproduced for profit as painting duplicates, notecards, book covers etc. without written permission from the artist. The artist may reproduce the work for promotional purposes and further copies for sale. I had to enforce this copyright a couple of times with internet image "borrowers", once for a book cover and the other was a notecard. See the witch come out of me then!
Disputes: This is my exact wording that the late marketing guru Calvin Goodman suggested: "In the unlikely event of any dispute between the parties exceeding a value which can be resolved in the appropriate Small Claims Court, the matter shall be settled by arbitration in accord with the laws of California (where I live) and within the rules of The American Arbitration Association, The parties shall share the cost of arbitration equally." Feel free to use it and adjust it to your state laws.
Non-payment: Lastly, if the client doesn't pay up the balance, it's good to point out the commission remains in your possession with the right to resell to another buyer.
I am confident these tips will help you and your clients stay far away from the dense dark woods and find the happy ending you're looking for. Watch for more blogs on Model Contracts and Shipping Tips, and be sure to share your comments. |
| Johanna Spinks Guest Author, FineArtViews www.JohannaSpinks.com
PS - This is Clint again. I hope you enjoyed Johanna's article about art commissions in your business. If you're looking for new ways that you can market and sell your art, click here to sign up for your free FASO trial today. Try us free for 30 days and find out for yourself why 15,000 artists have entrusted FASO with their website.
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