My name is Mara Friedland, and I am a metalsmith from Portland, Oregon. I am growing into the position of creating more commision pieces and am realizing I would like to have a contract to make both parties more comfortable.
Do you have a commission contract recommendation so I "do not have to reinvent the wheel?" Thank you!"
If you have any insights they would be greatly appreciated. Thank you!
First I will recommend a couple of resources for a commission contract, then add my professional recommendations.
Your Crafts Business , A Legal Guide by Nolo Press.
Most of these books include a CD-ROM so there is a digital version as well that is easy to modify. None of these contracts are comprehensive so I have included a few additional issues below.
Additional considerations for adding to your commission contract include:
- Payment Schedule in installments
- Timeline for progress and updates
- Design Fee (non refundable)
- Deposit Before Fabrication for Materials
- Photography (of the completed work)
- Owner of object get a photographic image for insurance.
- Artist/Makers can use image for publication, etc.
- Taxes are additional expense and the responsibility of the commissioning party
- Shipping Expenses are additional and the responsiblity of the commissioning party
- The copyright of the design is owned by the artist/maker unless the contract specifies another arrangement.
- Additional fees for changes during contruction/fabrication after approval.
Photography may or may not be important. I recommend adding it to the price as an option. The client may need the photography for insurance purposes. The maker may want the photographic documentation for your records, perhaps an exhibition opportunity, or publication in a book or magazine. It really depends on the nature of the commission.
Confirm that the client is aware of taxes that will be added to the retail price. This might be a significant amount depending on the commission price.
Who is paying for shipping? (if necessary)
Does the maker want to include the option of borrowing the work for an exhibition? If so, negotiate this in the contract. This should be at no cost to the collector, possibly once every 3-4 years if they will allow it (depends on the work, of course). Include that you will clean the work for the exhibition and that the shipping and insurance would be covered by the exhibition sponsor.
Add anything to the contract that you think is relevant. The important point is to put your conversation with the client in writing to avoid misunderstanding.
Hope this helps.
Harriete Estel Berman
*The books are affiliate links provided for your convenience.