contracts for artists

["Clive Murray-White" <clivemw@xxxxxxxxxxxxxxx>]

Hi all,

The "contract" question is always an interesting one, I personally think
that it is a mistake to think that any contract automatically insures
security when of course it does not.

This may sound strange but you have to realise that contracts always imply a
willingness to resort to legal assistance, a willingness to pay and keep
paying for that legal assistance until you succeed. To add to this there is
never any guarantee that a judge will actually see things your way, a marble
sculpture is often not quite like a new car in that all of its details
cannot be described in a water-tight legalistic way.

The customer can always say the it was not what they thought they were going
to buy.

It may be splitting hairs but I prefer the idea of an agreement as opposed
to a contract (Yes I know agreements are contracts but ....)

As I recognise that each commission is different I prefer to work with the
idea of a negotiated agreement, my dealer, the client and I discuss the
project, stages, timing etc and come up with something that we all feel
comfortable with.

I always insist on a non returnable "deposit" as the most invisible and
difficult part of any commission is the time taken sorting out your ideas,
planning and designing.

Just as we expect things from our clients they clearly have the right to
expect things from us, with this I go much further than the "they give me
money and I give just them a sculpture" approach instead we discuss things
such as how we would deal with illness and the other unforseeables. What
really happens during this process is that we all establish a relationship
that we are comfortable with.

I never take on work that I don't really want to do, life is too short and I
never take on more than I can actually handle. I know you can get really
exited by the feeling that you are in demand but it will all dry up very
quickly if you can't maintain your quality. Two much better ways to deal
with this, put your prices up and have a waiting list.

I only ever make my art and if anything goes wrong I'm always quite happy to
keep the sculpture. In fact it often depresses me a little, especially with
private commissions, that these very special works do not get the chance of
being seen by a much broader exhibition visiting audience.

I keep the client well informed, the relationships are usually well enough
established for them to visit my studio just about anytime they like and by
doing so fully participate as their own sculpture takes shape. The first
visit can be quite terrifying but it is really worth it.

When all is said and done the best rules are openness and reasonableness.

I think it is worth mentioning that your client can be parting with an awful
lot of money that could easily be used for a new car or someone's university
education, and it is completely understandable they will often be a bit
nervous however well off they may be. It is a very big investment that they
have decided to make and I think it is my responsibility to ensure that the
whole experience lives up to their dreams. I never forget that they have
done me the honour of placing their trust in me.

Hope this helps a bit.

regards Clive