The contracts toolkit

• The contract checklists
• Gallery, Dealer, Agent checklist
• Licensing reproductions checklist
• Commissions checklist
• 1 Using the Commissions checklist
• 2 The parties
• 3 The commission
• 4 Preliminary designs
• 5 Acceptance and completion of work
• 6 Delivery of the work
• 7 Installation of the work
• 8 Fees
• 9 Ownership
• 10 Insurance
• 11 Warranties and repairs
• 12 Maintenance
• 13 Relocation and deterioration
• 14 Copyright and reproduction rights
• 15 Credits and moral rights
• 16 Changing the agreement
• 17 Governing law
• 18 Disputes
• 19 Termination
• 20 Signatures
• 21 The lot

Commissions checklist

18 Termination

• Under what conditions can the commission agreement be terminated? Note: The agreement should define as far as possible the circumstances under which the contract can be terminated by either party. The contract can be terminated by either party if the other party breaches any of the agreed terms of the contract. Often the agreement can be terminated by the commissioner if s/he does not accept the designs or later decides not to proceed with the work.
• If either party is in breach of the contracts how long will they have to remedy the default before the contract can be ended?
• If the commissioner terminates the contract (other than for breach of contract by the artist) how much will the artist be paid? Note: To ensure that the artist at least gets a fair reward for the work done up to the time of cancellation, the agreement should specify what fees are payable to the artist if the commissioner decides not to accept the designs or not to proceed with the work or other circumstances arise beyond the control of the commissioner which prevent the continuation of the commission.
• If the artist voluntarily terminates the contract how much will the artist be paid? Note: If the artist voluntarily terminates the contract s/he will be in breach of contract and will usually not be paid any further fees and may have to return any fees that were paid in advance for work not yet completed.
• If the agreement is terminated who will own the copyright and have the legal ownership in the unfinished work? Note: If the commission is ended for any reason the artist should continue (unless the artist dies or cannot finish the work due to illness) to own the copyright and have the legal ownership in the unfinished work and have the sole right to complete, exhibit or sell the work.
• What will happen to the work if the artist dies or is incapacitated through illness? Note: The agreement will automatically terminate on the death or incapacity of the artist. The artist or his/her estate will then receive all payments due up to the date of death/incapacity and the commissioner may keep the work in progress and any preliminary designs for the purpose only of completing the work using an artist acceptable to the artist or his/her estate.
• Can the contract be terminated due to circumstances that are beyond either party's control? Note: Neither the artist nor the commissioner are usually treated as being in default of the agreement if any delay in completing the work is due to any cause beyond their reasonable control. For example, extreme weather conditions, break out of war, etc.