The following commission agreement template contains material provisions which you should be aware of prior to submitting any request for commissioned work to Natasha-Pankina Illustrations. By submitting your request for commission you agree that you have already reviewed this template and that you have included any concerns in the original request form. Alternatively, you may download a Word version and fill out the pertinent areas here.


Contract to Commission Artwork/Illustrations Form

Date of the Agreement:

This agreement is between Natasha Pankina (the Illustrator) and [ ] (the Commissioning Agent)

AGREEMENT made as of the 28 day of September, 2019, between Natasha Pankina (hereinafter referred to as the “Illustrator”), located at Moscow, Russia (city and state, country if necessary), and [] (hereinafter referred to as the “Commissioning Agent”), located at                                                     (city and state, country if necessary), with respect to the commissioning of an artwork (hereinafter referred to as the “Work”).


Information About the Preliminary Design:

The Illustrator agrees to create a preliminary design in the form of [] (studies, sketches, model, drawings etc.) Further description of design aspects:

Date the preliminary design is to be delivered to the Commissioning Agent:        

The Commissioning Agent’s written approval of the preliminary design:

The Commissioning Agent will pay the Illustrator $ [] upon signing this agreement. 

Initialed by                  Illustrator and               Commissioning Agent.

Description of the project to be undertaken

Title:

Medium:

Size:

Cost:

Tasks and activities performed in the creation of the Work:

Additional information about the project:

Commissioning Agent has 24 hours to request any changes to the Work any of the design states includingfirst, second, final stages. Illustrator will provide the changes within 48 hours. Changes must be submitted in email (mail, email, in-person, etc.) form.

Illustrator will charge $120 (hourly rate) on top of regular costs, for executing these changes. Illustrator charges in increment of 6 minutes. 

In the event that the Illustrator falls ill, or has a disability preventing the progress of the completion of The Work, the project can be extended for a maximum of 2 month Should there be any delays that are beyond the control of the Illustrator the project may be extended for a maximum of  2 months.

Initialed by              Illustrator and                   Commissioning Agent.


Payments

The initial date of payment to the Illustrator upon beginning the Work:

Payments scheduled during the construction of the Work:    

Final payment is due:               

Any additional expenses to be incurred by the Commissioning Agent (gas, travel, etc.):      

Applicable sales tax to be paid by the Commissioning Agent:

Agreement as to the completion of the Work:

Describe, in detail what the completion of the Work entails:                    

When Work is complete the Illustrator will send the Commissioning Agent a written notice of completion and the amount due. 

Initialed by              Illustrator and                   Commissioning Agent.


Delivery of Work, Insurance, Shipping and Installation (Applicable or Not Applicable)

Date of Delivery of Work (if applicable):                   

Who is responsible for insurance, liability, shipping, and installation? 

At the completion of the Work, the Work will be shipped via  [] (name carrier): Work will be shipped to  [] (include the address of the delivery):

Work will be installed in the following manner:      

Initialed by              Illustrator and                   Commissioning Agent.


Termination of the Work

If the Commissioning Agent does not approve of the preliminary design, the Illustrator shall keep all payments made and the agreement shall terminate.

The Illustrator may terminate this agreement in the event the Commissioning Agent is more than 10 days late in payment; however, nothing herein shall prevent the Illustrator bringing suit based on the Commissioning Agent’s breach of contract.  In the event the illustrator bringing suit, Commissioning Agent understands and agrees that Illustrator has prioritized Commissioning Agents work and may have declined other commissions, therefore the liquidated damages of this agreement is seventy-five thousand dollars ($75,000) plus the amounts described in this commission agreement and any companion reproduction agreement. 

The Commissioning Agent may terminate this agreement if the Illustrator fails without cause to complete the Work within days of the completion date stated herein. In the event of termination, the Illustrator agrees to return to the Commissioning Agent all payments made to the Illustrator, but shall not be liable for any additional expenses, damages or claims.

The Commissioning Agent may terminate this agreement in the event the illness of the Illustrator causes a delay of more than 3 months, or if events beyond the Illustrator’s control cause a delay of more than 3 months of the completion date provided. The Illustrator shall retain all payments made pursuant to the above.

This agreement shall automatically terminate on the death of the Illustrator. The Illustrator’s estate shall retain all payments made pursuant to the above.

Termination of any agreement will be made in writing.

Initialed by              Illustrator and                   Commissioning Agent.


Ownership, Copyright and Privacy

Title of the Work remains with the Illustrator. Upon Commissioning Agent payment to the Illustrator is paid in full, the Commissioning Agent has no right for reproduction of any kind.

If the Illustrator may sell the work to any other customer without notice to Commissioning Agent.  The Commissioning Agent shall return all drawings to the Illustrator.

The Illustrator reserves all rights of reproduction and all copyrights to the Work, the preliminary design, and any incidental work made in the creation of the Work. The Illustrator shall receive authorship credit in the event of any reproductions of the Work including original artwork signature, legible signature and attribution including email and website address.

The Commissioning Agent gives to the Illustrator permission to use the Commissioning Agent’s name, picture, portrait, and photograph, including but not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Commissioning Agent’s right of privacy.

The Illustrator shall have the right to access the Work for exhibition or other event, at no cost to the Commissioning Agent. The Illustrator is not required to provide Commissioning Agent prior notice if the work is needed for exhibition or event.

Stipulations as to the agreement for future exhibition and access:


Initialed by              Illustrator and                   Commissioning Agent.

Alteration or Destruction

The Commissioning Agent agrees not to intentionally destroy, alter, modify, or change the Work in any way.

If any alteration occurs after receipt by the Commissioning Agent, the Work shall no longer be represented as the work of the Illustrator without the Illustrator’s written consent.

Initialed by              Illustrator and                   Commissioning Agent.

Heirs and Non-assignability

This agreement is binding to all heirs, successors, assigns, and personal representatives, and the agreement covers these heirs, successors, assigns, and personal representatives.

Commissioning Agent has no rights to assign agreement to any 3rdparty.

Initialed by              Illustrator and                   Commissioning Agent.

Alterations, Waivers, Notices, and Change of Address

Any alterations to this agreement shall be made in writing. Include any waivers in writing as part of this contract:

The Commissioning Agent shall notify the Illustrator of any changes of address or change in the location of the Work. The Illustrator shall also notify the Commissioning Agent of any changes of address.

_____________________________

Jurisdiction

_____________________________

Date

_____________________________

Natasha Pankina 

Illustrator

_____________________________

Commissioning Agent