Comments on: No Action After the Down Payment

By: Alyson Stanfield

Wed, 28 Nov 2012 20:48:43 +0000

Phil Kendall has generously offered to share the agreement he has used for commissions. Before downloading, please note Phil’s disclaimer:
“it is written using UK law…it is to be regarded as a specimen only! There are online template contract/legal document sites to be found. Remember to run it past your legal advisor…before using!”
Here is the link (Word .docx file):
http://artbizcoach.com/amagifts/kendall-phil-commissions.docx

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By: Ron Gafron

Sat, 10 Nov 2012 16:11:49 +0000

Alyson brings up an interesting point. I’ve been doing research while in the process of putting together some course materials on the basics of the art business, and there is a fairly wide spectrum of laws, some of which are national, and some of which vary state by state, that artists and their businesses may fall under. I originally thought that I could approach this by saying, “ok, for topic “A”, here’s what Alabama does, here’s what Alaska does, and so on, but that quickly became unwieldy from a presentation perspective as well as a “keeping it up to date” perspective. What I’ve instead decided to provide is a state list, with links to the various regulatory agencies that have rules and laws that would apply to artists. Artists will be able to find what they need and it will be as up to date as the states make it.
I’m not commenting on this as a way to say “buy my stuff” (it’s not ready yet, anyway :-)), but more to say that if you do most of your work in a particular state, or in a few states, everyone could, with a bit of work, put together their own set of links to keep track of what they need know. There are “business practices”, which largely don’t change based on laws, and there are “business rules”, that do vary by local law. An artist running a business needs to layer local law on top of best business practices.
So, what you “should” do in the example cited based on best business practices needs to be tempered by what you “can” do based on local law. Certainly, there is the “bookkeeping” side of the business, which will give you a perspective based on what’s best for you bottom line, but there’s also the “public relations” side of the business, which may lead you to do things that might not, on the surface, look like it’s the best thing for your bottom line. Every business, whether they be artists, banks, or manufacturers, all have to deal with the balance of bottom line vs public perception.

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By: Edward M. Fielding

Fri, 09 Nov 2012 17:30:27 +0000

Put the piece back on the market. Next time have them sign a purchase intent statement spelling out the time frame for work completion and final payment.

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By: Allison Richter

Fri, 09 Nov 2012 16:46:38 +0000

I have had commissioned pieces mostly with people not responding afterwards, or cancelling their order after they have had time to think about it. Mostly they have gone home, told their significant other they ordered artwork, and the husband has thrown a fit. After that they are too embarrassed to talk to me about it, so they end up not paying or following up. This makes me leery of taking commissions ever again.

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By: Cara

Fri, 09 Nov 2012 15:41:42 +0000

Thanks to everyone here. Some of these scenarios I have not (yet) encountered and so would not expect them.
These posts have made be realize that it has been a luxury working with: a)lawyers, b)contracts, and c)corporations as collectors. There are other pitfalls I have had to watch for, but non-payment has not been one.

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By: Cara

Fri, 09 Nov 2012 15:28:52 +0000

In reply to Alyson Stanfield.

Receiving of the first check is the agreement between the buyer and myself for work to begin. I would not (and have never been asked) return these funds. The second check happens when the buyer and I have agreed on the work to date and to finish as agreed. The last check I receive is when the work is delivered. Contracts help with all of this.
So, at each stage, I receive payment when my collector has approved the work. Sometimes a buyer will want small changes done, and I will do that. Coming to agreement is how I am paid. Also, I want my collectors to feel they are part of the project. I sometimes have them “work the clay” and leave their fingerprints somewhere on the finished piece. This helps them to have an appreciation for the work and process. We are all proud of something we have had a part in.
Just as a current example, I am awaiting a check to start a rather large project. I won’t start until that first check arrives. In the meantime other work calls. I also use Tad Crawford’s great book.
On non-commissioned work, full payment up front is the only way I have ever sold anything. This won’t work for everyone, but it works for me.

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By: Elllen Rice

Fri, 09 Nov 2012 15:24:33 +0000

In reply to Alyson Stanfield.

I had one commission customer who actually requested a contract and it worked out well except that I didn’t spell enough out about their last payment, which they delayed two months. I’ll work on this again, maybe with 6-point type to include all the necessary stipulations!
I did commissions for years with no contracts, but this is a different world from 20 or 30 years ago, and I’m dealing in thousands of dollars rather than hundreds. This is my sole means of income, so it is vital to be paid for the work I do. Thank you, Alison.

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By: Phil Kendall

Fri, 09 Nov 2012 15:24:30 +0000

In reply to Alyson Stanfield.

I have emailed a document to you Alyson.
I come from a very technical background and run a small business before. Then I had a six year go at being an artist and an art studio owner. So being blunt about why is second nature to me. I apologise unreservedly if I have caused offence too.
As an example of a legal contract free template source follow this link it will give an idea http://www.lawdepot.co.uk

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By: Alyson Stanfield

Fri, 09 Nov 2012 15:18:29 +0000

In reply to Elllen Rice.

Ellen: You SHOULD BE treating your art like a business if you’re trying to make money! How other people respond to this is about them, not about you. And you can’t run your life or your business based on their hangups.
I think you can do an agreement in super a super simple 1-page form. Call it a Letter of Agreement, not a contract. It is to preserve your relationships.

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By: Elllen Rice

Fri, 09 Nov 2012 15:11:55 +0000

In reply to Alyson Stanfield.

I have the book and its companion CD with contracts that you can personalize to fit your situation, but when I have used these contracts, even with legalese toned down, it has put people and government bodies of people off. Somehow the contracts seem to say, “This artist is treating art like a business!” and “she actually expects to get paid in a timely manner,” which appears to be a sin in the eyes of some. They’re more in love with the idea of a starving artist.
So, how do you present the idea of a contract without turning customers off?

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