Whereas the artist, Dina Goebel is a recognized and professional
artist and whereas the purchaser admires the work of the artist
and wishes to commission the artist to create a work of art
("the work") in the artist’s own unique style
and whereas the parties wish to have the creation of this work
of art governed by the mutual obligations, covenants, and conditions
herein.
Now, therefore, in consideration of the foregoing premises and
the mutual covenants hereinafter set forth and other valuable
considerations, the parties hereto agree as follows:
DEVELOPMENT OF THE DESIGN: The artist agrees to develop the
preliminary design according to the following description of
the work as interpreted by the artist in good faith; in return
for which the purchaser agrees to pay a fee of of 1/3 the total
price agreed upon for the complete work upon the signing of
this agreement.
Title: ______________________________________________________________________
Materials to be used: _________________________________________________________
Description: ________________________________________________________________
Price: _____________________________________________________________________
Delivery: __________________(subject to final quote,
weight, changing regulations and tariffs)
Total: _____________________________________________________________________
The artist agrees to consult with the purchaser should the design
stray significantly in the artist’s opinion, from the preceding
description. The purchaser may participate in the selection
of photographic reference to be used providing the final artistic
judgment rests with the artist.
PROGRESS PAYMENTS: The artist agrees to proceed with the construction
of the work, and the purchaser agrees to pay the remainder of
the price of the work as follows; 1/3 of the total price of
the work at the actual beginning of the artist’s construction
of the work, and 1/3 the total price of the work upon completion
of the work. The purchaser shall pay all of the applicable delivery
costs with the final progress payment. Completion of the work
shall be determined by the artist who shall use her professional
judgment to deviate from the preliminary design as she in good
faith believes is necessary to create the work. If, upon presenting
the purchaser with written notice of any payment being due,
the purchaser fails to make said payment within two weeks of
receipt of notice, interest at the prime rate for banks in the
State of Queensland shall accrue upon the balance due. The purchaser
shall have the right to inspect the work in progress upon reasonable
notice to the artist.
DATE OF DELIVERY: The artist agrees to complete the work on
the mutually agreed upon date of ________________ This completion
date shall be extended for such a period of time as the artist
may be disabled by illness preventing progress of the work.
The completion date shall also be extended in the event of delays
caused by events beyond the artist’s control, including
but not limited to fire, theft, shortages of materials, and
acts of God. Time shall not be considered of the essence with
respect to the completion of the work.
TERMINATION: This agreement may be terminated on the following
conditions:
The purchaser or the artist wishes to terminate this agreement
within the first seven days of signing.
The purchaser may, upon any progress payment pursuant to paragraph
2 or upon payment of an amount agreed upon by the artist to
represent the pro rata portion of completion of the work if
requested to do so by the purchaser.
The purchaser shall have a right to terminate this agreement
if, pursuant to paragraph 3, the artist causes a delay of more
than 4 months in the completion date, or if events beyond the
artist’s control cause a delay of more than 1 year in the
completion date, provided, however, that the artist shall return
all payments made pursuant to paragraphs 1 and 2 and shall not
be liable for any damages, or claims of any kind based on failure
to complete the work.
The artist shall have the right to terminate this agreement
in the event that the purchaser is more than 60 days late in
making any payment due pursuant to paragraphs 1 and 2, provided
however, that nothing herein shall prevent the artist bringing
suit based on the purchaser’s breach of contract.
The purchaser has the right to terminate this agreement if the
artist fails without cause to complete the work within 60 days
of the completion date in paragraph 3. In the event of termination
pursuant to this subparagraph, the artist shall return to the
purchaser all payments made pursuant to paragraph 2, but shall
not be liable for any additional expenses, damages, or claims
of any kind based on failure to complete the work.
This agreement shall automatically terminate in the event of
the artist’s death, provided, however, that the artist’s
estate shall retain all payments made pursuant to paragraphs
1 and 2.
The exercise of a right of termination under this paragraph
shall be written and set forth the grounds of termination.
OWNERSHIP: Title to the work shall remain the artist’s
until she is paid in full. In the event of termination pursuant
to subparagraphs A), B), C), D), or E), of paragraph 5, the
artist shall retain all rights of ownership of the work, In
the event termination of this agreement pursuant to subparagraph
F), the purchaser shall own the work in whatever degree of completion
and shall have the right to complete, exhibit, and sell the
work if he/she so chooses. Notwithstanding anything to the contrary
herein, the artist shall retain all rights of ownership and
have returned to her the preliminary designs, all incidental
works made in the creation of the work, and all copies and reproductions
thereof of the work itself, provided, however that in the event
of termination pursuant to paragraph 4 F), the purchaser shall
have a right to keep copies of any preliminary design work for
the sole purpose of completing the work.
The artist shall not be held liable for any additional expenses,
damages, or claims of any kind based upon the condition of any
property lent to her by the purchaser in reference to the commission
of the work.
COPYRIGHT: The artist reserves the right to herself all reproduction
rights and all copyrights in the work, the preliminary designs
and any incidental works made in the creation of the work. The
artist will also receive authorship credit in connection with
the work or any reproductions thereof.
NON-ASSIGNABILITY: Neither party hereto shall have the right
to assign this agreement without the prior written consent of
the other party. The artist shall, however, retain the right
to assign monies due to her under the terms of this agreement.
HEIRS AND ASSIGNS: This agreement shall be binding upon the
parties hereto, their heirs, successors, assigns, and personal
representatives, and references to the artist and the purchaser
shall include their heirs, successors, assigns and personal
representatives.
INTEGRATION: This agreement constituted the entire understanding
between the parties. Only an instrument in writing signed by
both parties can change its terms.
WAIVERS: A waiver of any breach of any of the provisions of
this agreement shall not be construed as a continuing waiver
of other breaches of the same or other provisions hereof.
NOTICES OF CHANGE OF ADDRESS: All notices shall be sent to the
artist at the address following her signature and to the purchaser
to the address following his/her signature. Each party shall
give written notice of any change of address prior to said change.
GOVERNING LAW: the laws of the State of Victoria shall govern
this agreement.
ARTIST’S SIGNATURE: __________________________________________________________
Dina Goebel, Australia
PURCHASER’S SIGNATURE: ______________________________________________________
PURCHASER’S ADDRESS: ________________________________________________________
PURCHASER’S PHONE NUMBER: __(__________)____________________________________
