Creatives and Artists need to protect their creative/art business from unnecessary misunderstandings. Especially issues that might arise as a result of confusion between them and the clients who have just bought a piece of art. Or engaged your service.
It is possible that you don’t take contracts seriously in the process of sealing a deal. Nonetheless, it is not impossible that you will meet clients who do not take clarity and specificity for granted. This article covers the major sections of a contract you should scrutinize very very well.
As a creative looking to mature into becoming one of the A-lists, you want to make sure you avoid problems with your customers as much as possible. Hence, the need for a contract agreement between you and the client.
Confusions are not good for any business. They not only negatively impact your creativity and the business side of it. They can leave adverse ripples on your reputation and image. In the long run, they are capable of hindering your means of sustenance.
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You should consider having a contract as part of your operational process because a contract protects you from all of this and more.
Below are the basic components that should be in a contract.
The important details like the names, address, email, phone number, and organization, of both parties involved in the contract should be clearly stated. This is to ensure that it is easy to contact the other party and be sure who you are in business with for future reference.
You do not have to sign a contract on the spot. It is advisable that you ask to be given sufficient time to read through.
While you assessing the contents of the contract, do a thorough background check on the contact information given.
This move is smart when the other person/organization is new to you. Or when dealing with a client that has over time caused you to doubt their integrity.
Transactional information&terms of the agreement.
The vital details of the deal including the terms and conditions should be added to this part of the contract. The agreement made should be vividly explained and the obligation of each party should be mandatorily added as part of this section of the contract.
This part is expected to be specific and straightforward. If it is not, shine your eyes well well
Most especially, when it involves signing a contract to produce or supply an art piece to an organization or individual. Here is a part that you don’t want to skip.
This part should help you answer the following questions:
who has more authority in ensuring that the promise or responsibility is fulfilled,
what are the things required to carry out your responsibility,
in what manner and during what period will the contract be executed?
When dealing with an art gallery, more is even required of you. Therefore, study the contract in and out to discover answers to other questions such as:
how long will they hold onto your artwork,
who is saddled with the task of marketing,
what freedom or rights can you claim, etc.
Duration of contract.
Contracts usually contain the period of time each party has to fulfil its part of the deal.
Expectations and obligations should be clearly spelt. In the case that they are not, it will be difficult to hold the other party guilty.
Copyright and cancellation terms.
This section explains the rights of both parties upon the expiration/completion of the deal. The artist’s rights section states the copyright of the piece of art gotten. Additionally, the contract should state who will be held responsible if copyrights are breached. On what terms is the copyright breached? Cancellation terms include the processes of managing a situation where there is a cancellation of the order and who is to be held accountable when the contract is cancelled.
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Acceptance of Agreement.
The contract is said to be legally binding when it is signed by both parties to show agreement. The two parties sign their names, date, and signature on the document of the agreed contract. The moment you sign the document of contract, the contents become binding on you.
For the fact that the principles guiding the nature of a contract change with time, the most ideal thing to do before agreeing to a contract is consulting a professional practitioner. The charge might be expensive but it won’t beat the cost you have to pay if you overlook a part of the contract that is essential.
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