contract

Thank you very much for your interest in having me create a commissioned painting for you. To ensure a smooth and enjoyable process, it is important that we each understand each other’s expectations and agree on certain terms at the outset. Please read this document carefully and sign where indicated at the bottom to indicate your agreement to its terms.

Commission Agreement

This agreement is between ________________________ (“you”) and Barbara McCleary (“Barbara”) and sets out the terms under which you and Barbara have agreed that in exchange for your payment to Barbara of fees as set out below, Barbara will create and provide to you a Commission. A “Commission” is a painting created specifically for you based on your specifications as to size, subject matter, painting support or other personal choices. It is understood that commissioned works carry a 25% increase in price, compared to a gallery painting of similar discription, due to the specific nature of the individualized painting.

Commission: Barbara will endeavor to create a Commission that matches your specifications as noted on the attached Specifications list. You understand and acknowledge that the Commission will reflect her interpretation of the Commission’s subject matter and specifications, which may not be exactly like your own.

Commission Fee: You will pay a Commission fee of US$____, plus tax for the Commission, of which 40% will be due upon your signing this agreement and 60% will be due upon delivery. The Commission fee includes:

∑ The Commission itself, unframed (if you like, Barbara will give you framing suggestions or help you select a frame at your cost);
∑ An initial visit and consultation on subject matter and specifications at a location of your choice;
∑ At your request, Barbara’s photography of your selected subject matter (any such photos will remain Barbara’s property);
∑ At your request sufficiently in advance, a progress check at a location of your choice at which Barbara will show you a maquette or small sample sketch painting (which will remain Barbara’s property) indicating her plan for the Commission’s general composition and coloring,

all provided that the locations for such meetings and any subject matter to be photographed are within 15 miles of Okemos, Michigan. You and Barbara may agree on other more distant locations provided that in each case you will pay her with portal-to-portal round trip mileage fees of US$0.50 per mile, payable upon Barbara’s presentation to you of an invoice reflecting her total mileage.

Extra Updates: You may request additional meetings to review changes, updates or to reevaluate what has been done, for an additional fee of $100 per meeting, payable at the time of the meeting (reasonable e-mail and phone exchanges will not be subject to this fee).

Cancellations: Your full Commission fee will become non-refundable upon completion of the Commission. You may, however, cancel the Commission before its completion subject to the following fees:

Pre-Painting: If you decide to cancel the Commission after the initial meeting but before Barbara has begun brushwork on the Commission, you will pay a cancellation fee of $100.

During Painting: If you decide to cancel the Commission after Barbara has begun brushwork on the Commission, you will pay a cancellation fee of 40% of the Commission fee set out above.

In either event, the cancellation fee will be deducted from your first Commission fee payment and any amount left over (less any other fees above that you have incurred but not yet paid) will be refunded to you. Barbara may cancel the Commission at any time in which case she will refund your first Commission fee (less any fees above that you have incurred but not yet paid).

Thank you and I look forward to working together! Barbara McCleary

I have read, understand and agree to the terms in this document.

By: ____________________________ Printed Name:__________________________ Date:__________________

Commission Agreement – Specifications


You have requested that Barbara McCleary endeavor to meet the following specifications for your Commission. You agree that you may add to or alter these specifications verbally, but that Barbara McCleary will not be obligated to honor such added or altered specifications if they conflict with these or if they require re-working of the Commission already begun, though you and Barbara may agree on going forward with them for an additional agreed-upon fee, payable in advance.


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Fine art by Barbara McCleary
517-349-6432
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