What is a Service or Commission Contract
dARTbase How To’s
*This is not legal advice, just tips and tricks!*
A service agreement or commission contract defines the professional relationship between an artist and their client by recording the terms and conditions of the artist’s service and the required output. The agreement also lays out the terms of your client’s obligation to you, including your right to compensation.
When should I use a Service Agreement?
We recommend signing a contract for every commission you take on whether it be a one-time commission or an ongoing project. Having a contract ensures that you and your client have a copy of the terms to refer to in the event of a dispute.
Why do I need a Service Agreement?
A service agreement protects the rights of the client and commissioning agent. It ensures that the artist is compensated for their work on time and that their work is used within the terms of agreement. A service agreement protects the artist and their intellectual properties from being exploited.
It should be noted that a Service Agreement also protects the commissioning agent. Having a service agreement ensures the client will be happy with the end products especially if the agreement allows for check-ins, feedback and termination in the event of unsatisfactory work.
What does a Service Agreement or Commission Contract include?
The very beginning of the contract should introduce the artist and the client, along with the date the agreement is signed on. After that, it is important to include the details of the work commissioned including how the preliminary design will be delivered and when, and further descriptions of the commissioned work.
- Terms and Conditions — Under the terms and conditions clause, the contract should include the timeline for when the client can request changes to the work, how the preliminary and final product will be submitted, the artist’s hourly rates and what might constitute for extra charges and the number of changes to the commissioned piece.
- Payment — Define the payment method, payment deposits and project milestones related to the deposits, and the date by which the payment must be made. Will there be a deposit to cover the materials (eg canvas and paint) before work begins?
- Royalty on Images and Sound — This clause might not apply to all artists, but it’s important to consider the IP Usage Rights if your commissioned piece will use images and sounds. You should ask the client whether the provided images and sounds are royalty free to avoid copyright issues. ( or if they are going to provide them themselves/ work in collaboration with other artist)
- The Artwork Process — Detail the agreement for timeline of the commission, and what a completed piece entails. The delivery of the project timelines, how many revisions the artist is happy to do within the project, how much further revisions will cost. Make sure the brief contains as much detail as possible. You can’t work without a detailed plan.
- Terms of Use for the Commissioned Work — It is important to include the terms of how your work will be used whether it’s music for a single video, a costume for a play or an art for a make-up palette. You could also include the period for which the rights to the artwork can be used by the commissioning agent and what the costs would be for reuse of the creative material after the use period ends. . You may also consider including future maintenance for the work (if needed) and what this would cost to the commissioning agent. Will all source material be shared or just the finished product?
- Termination Agreement — This is an essential clause to guide the client and artist should you hit a disagreement regarding the commissioned piece. Additionally, include what happens in the event either party is unable to deliver what is expected of them. Will the material that has been worked on already be sha8red for the client to handover to the next artist?
