Generally, to be legally valid, most contracts must contain two elements: All parties must agree about an offer made by one party and accepted by the other. Something of value must be exchanged for something else of value.
The agreement or contract is the legal document between an artist or owner of an artwork and a borrowing institution, or between an exhibition organiser and the host venue. They are written to specify details about work to be undertaken and the expected outcomes.
A good artist contract sets forth the deliverables for the project being completed. This usually includes all details regarding project timeframes, the type of work being completed, the number of revisions expected, and the delivery dates.
Contracts like an artist agreement help avoid miscommunications and confusion over the rights and responsibilities of both parties involved. Artist agreements typically include availability expectations, performance markers, and licensing or ownership rights of the works created during the partnership.
All agreements are contracts, regardless of if they were made in writing, implied in an email or text, or even just spoken. It is easiest to uphold agreements made in writing, so it is advised that you consult an attorney any time you wish to draft a contract.
A contract is mandatory for any commission. Write down every detail in the contract, such as the size and media of the artwork, your compensation, due dates for payments, who is responsible for framing, installation, delivery of the artwork, etc. If your client balks at signing a contract, WALK AWAY.
How to write a contract agreement in 7 steps. Determine the type of contract required. Confirm the necessary parties. Choose someone to draft the contract. Write the contract with the proper formatting. Review the written contract with a lawyer. Send the contract agreement for review or revisions.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.
There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.