The most important clause in a commission agreement doesn’t have anything to do with the practical elements of materials, size, time frame, and price. It is the specification that the work will be similar to another named piece. By simply informing the client that the piece will be along the lines of a certain other work, she-he feels confident in what the results will be. With this clause, we both know what we’re getting into.
I love commission work, and that is precisely why I insist on signing a written agreement. A contract is more about making sure that my client is on the same page as I am than it is about avoiding lawsuits. Misunderstandings are much more common than legal actions, and, while misunderstandings may not be quite as unpleasant as lawsuits, they are not much fun either!
As with my model release, I wrote this commission agreement myself. Please take this into account if you decide to use the agreement.
