How to Handle Art Commissions: Contracts, Deposits, and Records

The first conversation

A good commission starts with a clear scoping conversation, not a price quote. Before quoting, you want to understand:

• What the buyer wants. Subject, mood, size, palette, references they love and references they do not.
• Where the work will live. Lighting in the room, the wall it will hang on, the rest of their collection, the size of the door it has to fit through.
• Their timeline. Be cautious about deadlines tied to specific events. A piece for a wedding next month is a different commitment from a piece for their new house some time this year.
• Their budget. Ask directly. A vague answer here is the most reliable predictor of problems later.

You also want to be honest with yourself about whether you want to take it. Commission work outside your normal range (a subject you find dull, a medium you do not love, a deadline you cannot meet) tends to produce work you are not proud of. Saying no is part of being a professional.

Pricing a commission

A commission is more than the painting. The buyer is paying for the conversations, the planning, the tighter brief, the changes, and the reduced freedom compared with self-directed work. A approach is to price for the full scope, including conversations, planning, materials, revisions, and the reduced freedom compared with self-directed work. There is no universal commission premium.

Inside that price, account for:

• Materials at retail cost, not wholesale.
• Studio hours at your normal rate.
• Time for two or three rounds of feedback.
• Framing or shipping if either is included.
• Sales tax or VAT where it applies.

Quote a single, clean number. Avoid the urge to negotiate against yourself. If the buyer pushes back, the answer is usually a smaller piece at the same rate, not a discount on the original scope.

The deposit structure

Choose a payment structure that is clear, workable, and lawful where you trade. A possible structure is:

1. A deposit on commissioning. State the amount, what it covers, and the cancellation terms clearly. Whether any part is refundable can depend on the contract and applicable law.
2. An agreed milestone payment. This can be useful for a larger commission. Define the milestone and approval process in writing.
3. Final balance before delivery. State the delivery or collection terms and when the balance is due.

For a smaller commission, fewer milestones may be easier. Make sure the written agreement explains payment timing, cancellation, and what happens if the scope changes.

What goes in the contract

A short, plain-language commission agreement is enough for most private commissions. It does not need to be a legal monster, but it does need to be in writing. Cover:

• The names and contact details of both parties.
• A clear description of the work (subject, medium, dimensions, framing if any).
• The price, the deposit structure, and accepted payment methods.
• The expected timeline, with target completion not a hard guarantee.
• The number of revision rounds included before extra fees apply.
• Who pays for shipping, insurance, and framing.
• What happens if the buyer cancels, and what is non-refundable.
• A copyright clause: you keep the copyright and the right to reproduce images of the work, the buyer owns the physical piece.
• A clause for buyer-supplied references: confirmation that they own or have rights to use any photographs they have given you.

Give both parties a dated copy and keep the agreed version with your records. Rules for electronic signatures and consumer terms vary by jurisdiction, so obtain local legal advice if you are unsure.

Managing the work in progress

Most commission disputes come from a mismatch in expectations rather than from the painting itself. A simple process to avoid that:

• Send a single, well-lit progress image at agreed milestones. One per stage is enough; daily updates create anxiety.
• Be clear about what feedback you can act on. The buyer can ask for a different palette in the early stages; they cannot ask you to start over once the painting is mostly resolved.
• Keep the conversation in writing. A short email after each milestone confirming what was agreed protects everyone.
• Resist the urge to over-deliver. A piece you keep tweaking past the buyer's approval is often a piece you eventually damage.

Records to keep for every commission

A commission generates more documentation than a normal studio piece. Keep all of it together. At minimum:

• The signed contract.
• The reference images supplied by the buyer.
• Progress photographs at each milestone.
• Final images of the front and back, plus the signature close-up.
• A copy of the certificate of authenticity, if you issued one.
• Invoices and payment receipts.
• Shipping and delivery confirmation.

This folder can help you answer future questions about provenance, reproduction rights, or condition. Keep it securely and follow any privacy obligations that apply to buyer information.

When to walk away

A few signals that a commission will go badly:

• The buyer cannot describe what they want without showing you another artist's work and asking for it.
• They negotiate the deposit structure aggressively.
• They want unlimited revisions or rights to reject the finished work.
• They cannot agree to a written contract, even a short one.
• The fee, after materials, is below your studio rate.

A polite decline is always available. It can be the best option when the scope, terms, or expectations cannot be agreed clearly.

Sources and further reading

• UK Intellectual Property Office: Ownership of copyright works
• GOV.UK: Copyright, licences, and written transfers
• U.S. Copyright Office: Visual art and copyright