Commission Contracts and deposits

[- Max -]

I have some similar terms, though I tend to ask 1/2 payment up front (except for expensive and long commission where I use to ask only 1/3) I also agree with Jack that the exact details of the product delivered should be mentioned in the form, whatever the one you use. As for the rights given, many people (clients and artists) tend to forget that a specific license with some commercial use or a full copyright assignment should increase the price of the commission (and those exacts terms of rights have to be detailed in the form used, since ther can be many different ways to assign some commercial rights for instance).

[Jalyha]

It is amazing how quickly everyone forgets the details of this initial agreements, so if they are scattered through fifteen emails its impossible to ever really keep it clear in your head; so after you agree in principle with the client all the details it is a great idea to write it all out in bullet-points and email it to the client and call the email 'contract agreement' or something like that - also you need an email back from the client to say that she agrees with your proposal and instructing you to go ahead - this email (their reply) is the legally enforceable written document (in your own country only in practice) - not your email with the details!

I think that's very important advice.

A contract, legally (usually/in most countries) is an OFFER and an ACCEPTANCE, with details. Those 15 emails back and forth are changes in the offer, so even if the patron agrees to hire you at first, the changes nullify that. They usually have to agree after all changes are outlined for it to be an ~enforceable~ contract.

So you're right, none of those emails (including the summary) are worth much, until they agree. And (in the USA, at least) if a part of the contract is unclear/vague, it benefits the person who did NOT draw it up - that's your client. So all those details are super important!

I have some similar terms, though I tend to ask 1/2 payment up front (except for expensive and long commission where I use to ask only 1/3) I also agree with Jack that the exact details of the product delivered should be mentioned in the form, whatever the one you use. As for the rights given, many people (clients and artists) tend to forget that a specific license with some commercial use or a full copyright assignment should increase the price of the commission (and those exacts terms of rights have to be detailed in the form used, since ther can be many different ways to assign some commercial rights for instance).

Another important point. *Everything* has value... including the rights over your work!