CONTRACT SAMPLE
DEFINITIONS
AMENDMENT shall mean an agreement that changes any term or
condition hereof.
BUYER shall mean the (name of entity commissioning the work, including type
[LLC, Corp, etc..) ______________.
ARTIST shall mean that individual or commercial entity performing services under this
contract, and shall include all employees, SUBCONTRACTORS, and/or agents of the
ARTIST.
CONTRACT shall mean this Contract for Commissioning of Artwork.
DESIGN shall mean the description, specifications for, model of, and/or drawings of the
WORK.
SUBCONTRACTOR(S) shall mean one not in the employment of the ARTIST, who is
performing all or part of those services under this CONTRACT under a separate contract
with the ARTIST, and who is considered an independent contractor.
WORK shall mean the work of art to be designed, executed, fabricated,
transported, and/or installed under this contract.
This CONTRACT is made and entered into by and between (*insert name of entity
commissioning the work*) _______, hereinafter called the BUYER, with
offices at (*insert commissioner’s address*) ______ and Gabriel Loza
hereinafter called the "ARTIST", with offices at 17311 Chatsworth st.
The BUYER and the ARTIST, for the consideration, covenants, and conditions hereinafter
set forth, do agree as follows:
1. RETENTION OF ARTIST
The BUYER does hereby retain the ARTIST to perform the work and services
hereinafter described. The ARTIST is an independent contractor and shall furnish all
supervision, labor, materials, supplies, equipment or use thereof, travel expenses,
and all other incidentals, except as specifically provided below, and shall conduct
and complete the work in a competent and professional manner.
2. TIME SCHEDULE
The ARTIST shall commence work upon the effective date of this CONTRACT and
shall complete the WORK including all phases under this CONTRACT by (*date and time, timezone*).
The effective date of the CONTRACT is determined to be the date that both the
ARTIST and BUYER have signed this CONTRACT. Such time for completion may be
extended by the joint agreement of the parties to the extent the ARTIST actually
incurs delays in the design, fabrication, delivery and/or installation of the WORK
due to circumstances unforeseen by the ARTIST at the time of the signing of this
CONTRACT.
3. SCOPE OF WORK
A. Description of Work The ARTIST shall complete the design, fabrication,
delivery and/or installation of the WORK in substantial conformity with the DESIGN
for the WORK, as described below and perform all tasks as indicated below.
The DESIGN is attached to this CONTRACT as Attachment A, and by this reference,
incorporated into this CONTRACT as though set forth fully herein.
·A description of the WORK is as follows:
B. Location If appropriate to the WORK as described herein, the ARTIST shall
install the completed work at ___.
C. Other Obligations If other obligations, are necessary it will be the
responsibility of the party indicated below. The other obligations are as follows:
BUYER: ________________________________________________________________. (*describe what the commissioning party has to fulfill in order to make
sure the work is delivered on time and on budget*)
ARTIST: ________________________________________________________________. (*the commissioning entity should use this to describe anything it
requires of the Artist that hasn’t been addressed already*)
The ARTIST shall have the opportunity to review and approve any plans or
specifications prepared by BUYER as part of the other obligations described above,
including but not limited to detailed plans and/or specifications for site preparation,
and/ or the design of base, footing, or other anchoring devices for the WORK, as
appropriate.
D. Identification Plaque If appropriate to the WORK delivered, BUYER shall
provide and install a permanent identification plaque near or as part of the WORK
at a location agreed upon by the ARTIST and BUYER. The ARTIST will be granted
approval of the contents of such plaque.
E. Additional Documentation As reasonably requested by BUYER during the
execution of this CONTRACT, the ARTIST shall prepare and present to the BUYER
updates, sketches, drawings, and/or other documents.
4. Payment for Work Performed
The ARTIST shall be paid by BUYER for all work and/or services related to this CONTRACT.
Such payment shall be full compensation for all work performed and/or services
rendered to complete the work.
The total payment for the WORK shall be (price) through paypal.
BUYER shall make final payment upon delivery of the WORK, accompanied by the receipt
of the ARTIST’s final invoice, and any payment not received within thirty (30) days shall
be subject to a late fee of five (5%) of the total amount of this CONTRACT, with interest,
compounded daily, at the prevailing federal rate.
Payment Schedule
Payments will be made as set forth below by the Artist:
Stage 1: Prepayment, _ USD
Stage 2: After sketches and revisions, USD
Stage 3: After final work is submitted, USD
Stage 4: Revisions after final submission, _ USD.
5. CHANGES TO WORK PRIOR TO COMPLETION
A Party may request that changes be made to the DESIGN at any point during
execution, fabrication, or installation of the WORK. Prior to execution of any
significant change to the DESIGN, as described in Section 3 and/ or Attachment A,
the following procedure shall be followed:
A. The party requesting the changes shall present the proposed changes in
writing to the other party for further review and approval. Upon a request by
BUYER, ARTIST will provide a detailed description of any significant changes in the
concept, scope, dimensions, materials, and/or location of the WORK, or any change
that will alter delivery timeframes, installation scheduling, site preparation, or the
WORK itself.
B. When the parties agree with the changes to the WORK, as detailed by the
ARTIST, written approval in the form of an AMENDMENT to this CONTRACT shall be
issued stating the approved change(s) and attached to this CONTRACT, and by this
reference, incorporated into this CONTRACT as though set forth fully herein.
6. REVIEW OF WORK IN PROGRESS
BUYER shall have the right at commercially reasonable times to review the progress
of the WORK and the WORK itself, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this CONTRACT.
7. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any
subsequent default or breach. Any waiver shall not be construed to be a
modification of the terms of the CONTRACT unless stated to be such in writing,
signed by authorized representative of both parties.
8. SEVERABILITY
The provisions of this CONTRACT are intended to be severable. If any term or
provision is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of the CONTRACT.
9. TERMINATION FOR DEFAULT
In the event that a party has failed to comply with the conditions of this
CONTRACT, an aggrieved party has the right to suspend or terminate the
CONTRACT. Before suspending or terminating the CONTRACT, an aggrieved party
shall notify the other party in writing of the need to take corrective action. If
corrective action is not taken within thirty (30) days, the CONTRACT may be
terminated or suspended by the aggrieved party. Such termination does not relieve
ARTIST from delivering the work, in whatever state of completion it is in upon the
date or termination; nor does it relieve BUYER from paying for all work completed
up to and including the date of termination.
10. TERMINATION FOR DEATH OR INCAPACITY
If the ARTIST becomes unable to complete this CONTRACT due to death or
incapacitation, such death or incapacity will not be deemed a breach of this
CONTRACT. However, nothing in this section shall obligate BUYER to pay for more
of the WORK than was completed prior to such death or incapacity.
A. In the event of incapacity, the ARTIST may assign the ARTIST'S obligations
and services under this contract to another artist provided that BUYER in its sole
discretion, approves of the new artist.
B. In the event of the death of the ARTIST, this CONTRACT shall terminate
effective the date of death. Should BUYER accept the partially completed WORK, the
ARTIST'S executor shall deliver to BUYER the WORK in whatever form or degree of
completion it may be a the time. Title to the WORK shall at that point transfer to
ARTS COMMISSION. However, the WORK shall not be represented to be the
completed WORK of the ARTIST unless BUYER is otherwise directed by the ARTIST'S
estate.
11. TERMINATION PROCEDURE
Upon termination of this CONTRACT, BUYER, in addition to any other rights
provided in this CONTRACT, may require the ARTIST to deliver to the BUYER the
WORK, together with any drawings, specifications, and models and all materials and
supplies purchased for the WORK
BUYER shall pay the ARTIST for services performed and goods delivered prior to the
effective date of termination, consistent with the schedule of payments set forth
herein. At the request of BUYER, the ARTIST shall provide an accounting of all
expenses incurred under this CONTRACT prior to the effective date of termination,
and shall return to BUYER any unexpended advance funds provided by BUYER in
excess of expenses already incurred.
- AMENDMENT
This CONTRACT may be amended by mutual agreement of the parties. Such
AMENDMENTS shall not be binding unless they are in writing and signed by
personnel authorized to bind each of the parties.
13 ENTIRE AGREEMENT
This CONTRACT, including any referenced attachments, represents all the terms
and conditions agreed upon by the parties. No other statements or
representations, written or oral shall be deemed a part hereof.
Acceptance of Agreement
IN WITNESS WHEREOF, the parties have caused this CONTRACT to be executed
below by their duly authorized signatories.
BUYER
Signature _______
Printed Name _______
Title _______
Date _______
ARTIST
Signature _______
Printed Name: Gabriel Loza
Title Contractor
Date _______
Artists&Clients
