COMMISSION PORTRAIT CONTRACT

This Contract is entered into _______________________, 2007, between __________________________ ______________________________________ (Client), located at ________________________________ _____________________________________________________________________________________, and Yelena Shabrova (Artist), located at 10019 Dove Oak Ct. Suite 102, Cupertino, CA 95014.

This Contract replaces and supersedes all previous communications and agreements between the Client and the Artist. By entering this Contract, the Client acknowledges that he/she is familiar with the Artist’s unique style and wishes the commission portrait to be completed as follows.

The Client wishes to commission the Artist to create a portrait of __________________________________ (Subject) with the following details: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 

The commission shall be completed in this medium:

__ graphite pencil
__ pastel pencil
__ oil pastel
__ pen and ink
__ colored pencil

The background shall be:

__ plain, fading around the Subject
__ abstract colors that compliment the Subject
__ detailed, as follows: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Additional Subjects (if any):
______________________________________________________________________________________________________________________________________________________

Price of the commission is $__________. This does not include matting, framing, or shipping and handling costs.

TIME LINE AND PAYMENTS

Date		Details

________	50% retainer is due before starting the work

________	Preliminary sketch posted in the private area of the Artist’s Web site for the Client’s approval

________	Completed portrait posted in the private area of the Artist’s Web site for the Client’s approval

________	Final 50% of the cost plus any additional fees (if applicable) are due

SHIPPING 

__ USPS ground
__ USPS priority
__ USPS express
__ Other. Please specify:
________________________________________________________

Shipping cost of the commission is $__________

TERMS OF CONTRACT

1.	Copyright Usage. All rights to the original artwork including, but not limited to, preliminary sketches and comps, reproduction and distribution remain with the Artist. The Artist retains the right to include a copy of the artwork in her portfolio and other marketing materials.

Any transfer of the copyright must be in writing expressly identifying what rights are being sold and for what purpose.

The artwork cannot be modified or altered without the explicit permission from the Artist.

2.	Revisions. Revisions can be made only by the Artist at the preliminary sketch stage. Additional fees will be charged for revisions made after the sketch is approved by the Client, for revisions that mean a new direction to the commission, or new conceptual input. 

3.	Payment of Fees. Payments are due before beginning and upon completing of the commission. All Invoices are payable within 15 days upon receipt. Delinquent Invoices shall be assessed a $15.00 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 1.5% penalty shall be added for each month of delinquency. At 90 days past due, the delinquent invoices shall be turned over to the collection agency.

4.	Cancellation and Termination Fees. Cancellation fees are due based on the amount of work completed prior to the date of cancellation. The Artist shall only invoice for the actual time spent on the commission. If the cost of the completed work is less than the amount paid to the Artist, then the Client shall be reimbursed the difference.

Payment is due in full despite cancellation or postponement of the work if the artwork has been completed. Upon cancellation, all rights to the artwork stay with the Artist. 

5.	Permissions and Releases. The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed in accordance with a permission or release. 

Property release has been signed by the Client.

6.	Miscellaneous. This Contract shall be binding upon the Client and the Artist, their heirs, successors, assigns, and personal representatives. This Contract constitutes the entire understanding of the parties. Its terms can be modified only in writing, signed by both parties. A waiver of a breach of any of the provisions of this Contract shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Contract shall be governed by the laws of the State of California and courts of such state shall have exclusive jurisdiction and venue. 

Artist’s Signature: ____________________________			Date: __________

Client’s Signature: ____________________________			Date: __________