Writing your commission agreement: 7 clauses that protect the work

A commission agreement sets out what you will make, when you will deliver it, what the client will pay and what happens if either of you changes your mind. Without one, you are working on trust alone. This guide walks you through the clauses that belong in every artist client agreement, whether you are drafting your own or adapting a commission contract template you found elsewhere.

Describing the work you agree to make

Write down the subject, the medium, the dimensions and the number of pieces. If the client has requested particular colours or a specific style, note that too. The description does not need to be poetic, but it does need to be clear enough that both of you would recognise the finished piece from the words alone.

Where the brief allows room for your own interpretation, say so. A clause that reads "portrait of two children, watercolour on paper, approximately 40 cm × 50 cm, palette and composition at the artist's discretion" tells the client what is fixed and what is not.

Setting your delivery date and your payment schedule

State when the work will be ready and when payment is due. Many independent artists ask for a deposit before starting — often a third or half of the total fee — with the balance due on delivery or within a set number of days afterwards. Write both dates into the terms for art commissions so there is no confusion later.

If your process includes a review stage where the client can request changes, describe what happens at that point: how many rounds of adjustment are included, how long the client has to respond and what counts as a substantial change that would justify a new fee.

Defining what the client owns and what you keep

Selling a painting does not automatically transfer your rights to reproduce it. Unless your agreement states otherwise, you retain the right to photograph the work, print it, license it and display it in your portfolio. The client owns the physical object; you own the image.

If the client wants to reproduce the work — on merchandise, in publications, online — that is a separate permission and it belongs in the contract. You can grant it outright, limit it to specific uses or charge an additional fee. Be specific: "Client may reproduce the image for personal use only" is clear; "Client may use the image" is not.

You will find more detail on how rights work and what each type of licence covers in our guide to licensing your artwork.

Keeping your name attached to the work

Your right to be named as the author of the work is separate from ownership and cannot be sold. Write into the agreement that any reproduction or public display of the piece must carry your name, and that the client will not alter the work in a way that harms your reputation.

Planning for changes and cancellations

A client may change their mind about the subject, the size or the deadline. Set out what happens if they do. If the change is small and arrives early, you might agree to it without extra cost. If it requires you to start again, or if it arrives when the work is nearly finished, the client pays for the time already spent.

Write a cancellation clause that protects both of you. If you cancel, the client gets their deposit back. If the client cancels, you keep enough to cover the hours you have worked and any materials you have already bought. A fair formula: the client pays the deposit if they cancel before you start, half the total fee if they cancel when the work is underway, and the full amount if they cancel after you deliver.

Covering materials, framing and delivery costs

Your fee is for your time and skill. Materials, frames and postage are separate costs unless you say otherwise. List what is included in the agreed price and what the client will pay on top.

If you are shipping the work, state who arranges it and who pays if it arrives damaged. Many artists ask the client to insure high-value pieces during transit, or to collect the work in person.

Writing down how you both communicate

Agree how you will stay in touch and how quickly each of you will reply. An email address and a response time — "within two working days" is reasonable — prevent misunderstandings. If the client does not respond to a request for approval within the time you have set, you can proceed without it.

This clause also covers how you share images during the work. Will you send progress photographs? At what stage? In what form? Answering these questions in advance saves you from fielding requests at awkward moments.

Recording approvals in writing

When the client approves a stage of the work, ask them to confirm it in an email or a message you can keep. A quick "That looks good, go ahead" is enough. The record protects you if they later claim they never agreed.

Naming the law that governs the agreement

If a dispute arises, the contract should say which country's law applies and where any claim would be heard. For work commissioned and delivered within the UK, "This agreement is governed by the law of England and Wales" is the standard wording. If you and the client are in different countries, seek advice before you sign.

Putting the agreement together

You do not need a solicitor to draft a commission contract, but you do need to write it down and have both parties sign it before the work begins. A clause agreed over the phone is hard to prove; a clause in an email signed by both of you is not.

1. Start with a template or write your own, covering each of the clauses above.
2. Fill in the details that are specific to this commission: names, the work, dates, fees.
3. Read it aloud to check that every sentence is clear and that nothing important is missing.
4. Send it to the client and give them time to read it and ask questions.
5. Sign it yourself, ask the client to sign it, and keep a copy where you can find it again.

A signed agreement does more than protect you if something goes wrong. It shows the client that you take the work seriously, and it gives both of you confidence that the arrangement is fair. Independent artists who use written contracts report fewer misunderstandings and fewer late payments than those who rely on conversation alone.

Once the contract is in place, you can focus on the work itself. Our article on pricing your artwork explains how to calculate a fee that reflects your skill and your costs, and our guide on what independent artists need to get started covers the practical and administrative tools that support a sustainable practice.

Where to go next

This guide covers the core clauses of a commission agreement. For a fuller understanding of how rights, licensing and contracts work together in an independent practice, the resources below offer practical detail and plain explanations rooted in UK law and in the experience of working artists.

• The Society of Independent Artists holds historical and practical material on artist-led organisations and the frameworks they built.
• The Independent Artists company documents the structures and agreements developed by artists working outside gallery representation.

A clear agreement is not a barrier to a good working relationship. It is the foundation of one. Write the terms, agree them in advance and keep a signed copy. The commission that follows will be easier for it.

#Art licensing #Artist records #Copyright #Artist statement

Download PDF: Commission Agreement Checklist PDF, 27 KB