You should always have a written contract for every commission of a work of art. The commissioning processes for public art may take years, and the parties may forget what was originally agreed. With a contract, all the details are easy to check.
A contract negotiation involves both parties to the contract. The contract defines the responsibilities of each party: who is responsible for what and at what stage, the fees that are payable and the agreed schedule. If the art project is coordinated by a public art expert, the contract should also define the division of work between the artist and the expert.
The client may have their own contract template used for drawing up the actual contract. There is also a template on this website that can be downloaded. This template was devised specifically for use in connection with the production of artwork as part of a construction project or a commission for a public work of art. The template can be amended and added to as required. This template is intended as a guideline, and the actual contract should always be drawn up taking into account the special characteristics of the particular work of art and project.
You should always question any unclear or vaguely formulated items in the contract and ask for them to be clarified. If, for any reason, the client does not offer any clarifications, you should consult a body such as an artists’ association’s legal department.
The artist must also ensure that the art project has relevant and comprehensive insurance cover. It may also be agreed that the client is responsible for all matters relating to the insurance cover.
For more information on insurance, making an offer and pricing the work of art, and wages, please refer to the Handbook of the Percent for Art Principle.