Portrait Contract
Portrait Comission Contract:
Thank you for considering a portrait comission.
Portrait Procedure
A portrait is more than just capturing a likeness of a person's physical features. A portrait is a unique blend of ones physical appearance and inward personality captured by the artist's response to the individual.
An initial meeting, generally at the client's location, is scheduled to:
* Meeting the client/subject
* Review of gathered examples of OTHER ARTISTS WORK FAVORED BY THE CLIENT.
(This can include internet site image links, art post cards, book images, ect...)
* Seeing where the portrait will hang
* Complete final contract
* First photo session
Initial contract payment
Meeting and getting to know the subject prior to the photo session allows the artist to become familiar with the gestures and mannerisms of the subject. This allows the artist to capture not only the outward features of the subject but to also capture their inner personality.
If possible it is best if the location that the portrait will hang can be seen and photographed. This can affect background, color, and key of the painting. This is not required in order to do the portrait but is always preferred.
The final contract defining the commission and price are completed prior to scheduling the first photo session, generally later the same day.
The photo session generally takes one to three hours. Many photos are taken reflecting different poses and lighting conditions. Photos are used by the artist as reference material during the painting of the portrait. No single photo is used to compose the final portrait. Photos remain the property of the artist unless otherwise specified and agreed upon by the artist and client.
Initial 1/3 payment is made at the completion of the photo session plus any travel expenses that exceed 60 miles.
After the artist has reviewed the photos, gathered art samples I will discuss with the client a final pose and general design of portrait. When they are agreed to, the preliminary sketch is then started. The preliminary sketch is completed and reviewed by the client. After the drawing has been approved and the second 1/3 payment is made the final painting is started. All sketches and preliminary drawings and paintings remain the property of the artist.
The final painting is usually completed within one to three months after it is started. Upon completion it is reviewed by the client and delivered to them upon approval. Final payment is made at this time including any extreme travel and or shipping expenses.
Portrait Fees
Please see the Custom Portrait List section of this website to become familiar with pricing. I work in a wide range of styles, sizes and accordingly- prices.
Fees are only for the original artwork and do not include copyrights or reproduction rights, which remain with the artist. Portraits are generally near life size thus pose and how much of the figure is shown will determine the size and price of the painting. Portraits are done in either oils, pastels, mixed media or ceramic sculpture depending on the preference of the client.
Portraits generally have a neutral background. Elaborate backgrounds, additional figures, and pets are available at additional cost.
I reserve the right to use images of the finished portrait in personal promotion.
Pastels
Pastels are pure, permanent pigment made into sticks, not colored chalk. These are the same high quality pigments used in professional artist oils. Pastels will not crack, yellow or darken with age. They can become damaged if exposed to high humidity or rough handling.
Original Pastels Created by Tonja Sell are NOT to have fixative or sealers applied for they will modify and distort the work in a manner that would prejudice the Artist reputation and is protected by copyright laws. Works should be framed in a manner to prevent the pastel from contacting the protective glass (i.e. using mats or spacers). If not framed in this manner the work will ultimately be mutilated or modified.
Sculpture
I work with a low-fire red sculpture body clay. 360 reference photos are needed to accurately portray the subject. Physical measurements are also required and may be taken by the client or by myself during the photo session. Sculpture that includes blown glass elements will be priced additionally per glass piece.
It Can Be Alarming
Very important:
Viewing a painted portrait for the first time — as I have witnessed in my career — can be "an alarming experience". What one is accustomed to seeing reflected in photography has now been interpreted by me, the painter, in brush strokes of varying angles, color, length, thickness, value, texture and placement — and other qualities too mysterious for words. This is the heart of impressionism.
Additionally there is the added fact that virtually everyone "knows their own face backwards." This is from almost exclusively seeing your own reflection in the mirror every day. It is how you know you, but not how others do. No one has a perfectly symmetrical face, This is why, for example, you may not like a photograph of you that others tell you is very flattering.
As an exercise; look at yourself in the mirror and in photographs- familiarize yourself with the "real you".
Therefore, what I deliver as "finished" is delivered under the following conditions:
* You agree to "live with it" for 2 weeks before requesting changes.
* Invite relatives and friends to see it.
* Ask for their impressions and comments — and do not influence them with your impressions.
* Listen to them and believe them as they tell you how remarkably accurate the portrait captures the true likeness of the subject.
I have never had a portrait returned for rework.
In Other Words: It takes two weeks to "get used to it".
Your satisfaction is what I demand for myself
If after two weeks you are not satisfied, any adjustments necessary will be readily apparent, and quickly changeable due to the clarity achieved in the display period.
Process:
Back in my studio, I begin developing the portrait through drawings and color studies.
I prepare a sketches and/or a small preliminary study of the proposed portrait. The client and the subject are invited to comment on this preliminary, as, whenever possible, I e-mail pictures of the preliminary work for discussion.
With the client's full approval, I begin the final painting on the finest portrait-grade canvas or primed panel. I use only professional brushes, paints, mediums and other materials available to assure your portrait will be archival, museum- or heirloom-quality.
I will work with your schedule
I can work from life — but I prefer a sitting to get to know the subject.
We schedule a photo session. Depending on time, I may do sketches, color studies and will definitely need to schedule time for reference photography which I shoot myself. If this is impossible, as in the case of posthumous portraits or a surprise gift, under limited circumstances I will work from photographs. Understand in advance, however, that common, direct-flash photography rarely makes for a good oil portrait. So I generally will not work from flash photography provided by the client. If I do it is with the understanding that it may limit the finished portrait accordingly.
Copyright Issues
Clarification of Artist rights as protected by the Federal Copyright Act of 1976 and the Federal Visual Rights Act of 1991.
Purchase of a copyrighted artwork does not transfer the copyrights. The copyright to reproduce the works in copies, to produce derivative work based on the copyrighted image, and distribute copies is retained by the Artist. Any transfer of this copyright must be in writing expressly identifying what rights are being sold and for what purpose.
Works of art cannot be modified without the permission of the artist. Works cannot be distributed, mutilated or modified in any way that would prejudice the reputation of the Artist.
Preliminary Portrait Commission Contract-
This is a preliminary contract between the "client" ________________ located at: Street: __________________________
City: _____________________State: _______________ Zip: ____________ Phone: _______________
And Tonja Sell the "Artist". The final contract, to be completed by the end of the photo session, will replace and supercede this contract.
Client wishes to commission the artist to create an artistic portrait of_____________________________ the "subject".
By entering this contract the client acknowledges that they have reviewed other portraits of the artist and is familiar with the artist style and wishes to have a fine art portrait of the subject completed by the artist in oils, pastels, mixed media or ceramic sculpture. Examples of the artist work can be seen on the Internet at www.tonjasell.webnode.com.
It is understood that specifications of the commission may change after detail discussion prior to the photo session. These changes will be reflected in the finial contract. Purpose of this preliminary contract is to define the scope of the work and responsibility of each party prior to execution of the finial contract.
Client: ___________________________________________________
Subject: __________________________________________________
Medium: Oil _____ Pastel _____ Sculpture _______ Other ______________
Brief Description: Head _____, Bust _____, Three Quarter _____, Full _____
_________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________
Back Ground: Minimal ____, Detail ____, if detail explain:
__________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________
Additional Subjects define: _________________________________________________________________________________________________________
Initial size estimate: ____________ Price estimate: $___________________ plus shipping if required. Price does NOT include framing. This is an initial estimate of the cost of the portrait based on the current description of the work. Final cost and description of work will be completed at the photo session along with the final contract.
Client has made a non-refundable deposit of $50 to secure a position on the waiting list and cover photo session fees. If cleint is providing photographs deposit is $30. Based on the current schedule a photo session may be scheduled before the (circle one) 1st, 2nd, 3rd, 4th quarter of (month) ____________.
Copyright Issues:
Clarification of Artist rights as protected by the Federal Copyright Act of 1976 and the Federal Visual Rights Act of 1991.
Purchase of a copyrighted artwork does not transfer the copyrights. The copyright to reproduce the works in copies, to produce derivative work based on the copyrighted image, and distribute copies is retained by the Artist. Any transfer of this copyright must be in writing expressly identifying what rights are being sold and for what purpose.
Works of art cannot be modified without the permission of the artist. Works cannot be distributed, mutilated or modified in any way that would prejudice the reputation of the Artist.
Client_________________________________
Signature: _____________________________
Date: ________________________________
Contract Date:_________________________
Contract Number: ______________________
Artist: Tonja Sell
Signature: ____________________________
Date: _______________________________
Final Portrait Commission Contract
This is the final contract between the "client" ____________________ located at:
Street: __________________________ City: _____________________
State: _______________ Zip: ____________ Phone: _______________
and Tonja Sell the "Artist". This final contract replaces and supersedes the preliminary contract number ________________ with a contract date of ____________________ between the client and the artist.
Client wishes to commission the artist to create an artistic portrait of
_____________________________ the "subject". Model release form has been signed by the subject. By entering this contract the client acknowledges that they have reviewed other portraits of the artist and is familiar with the artist style and wishes to have a fine art portrait of the subject completed by the artist in oils or pastels. Examples of the artist work can be seen on the Internet at peggyflanders.com.
Client: ___________________________________________________
Subject: __________________________________________________
Medium: Oil ____ Pastel ____
Brief Description: Head ___, Bust ____, Three Quarter ____, Full ____
______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
Back Ground: Minimal ____, Detail ____, if detail explain:
_______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
Additional Subjects define: ______________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
Price of commission portrait $___________________ plus excessive travel and shipping if required. Price does not include framing.
Client has made a non-refundable deposit of (circle) $50 or $30. Photo session for the portrait is to be conducted on ____________________. At the conclusion of the photo session an additional payment of $__________ plus travel expenses is due (exceeding 60 miles).
After the artist has reviewed the photos and after discussion with the client a final pose and general design of portrait are agreed to and the preliminary sketch is started. After the preliminary sketch is completed the client reviews it. After the drawing has been approved the second payment of $_________ is due and the final painting will be started. All sketches and preliminary drawings and paintings remain the property of the artist.
The final painting is usually completed one to three months after it is started. Upon completion it is reviewed by the client and delivered to them upon approval. Final payment of $ ____________ and any travel or shipping costs are due at this time.
Fees are only for the original artwork and do not include copyrights or reproduction rights, which remain with the artist.
Works of art cannot be modified without the permission of the artist. Works cannot be distributed, mutilated or modified in any way that would prejudice the reputation of the Artist.
Client_________________________________
Signature: _____________________________
Date: ________________________________
Contract Date:_________________________
Contract Number: ______________________
Artist: Tonja Sell
Signature: ____________________________
Date: _______________________________
Model Release Form
I, _____________________________________ (model), being of legal age, consent and authorize Tonja Sell, her successors and assigns, to use and reproduce my image in all forms and media, for any and all legal purposes, including publication and advertising and I waive any right to inspect or approve the finished art work. I have read this release before signing and acknowledge that I am familiar with its contents
Model Signature __________________________ Date: ____________
Model Release Form for Minor
I, _____________________________________ am the parent or guardian of ____________________________________ (model) and have the legal right to execute this release. I consent and authorize Peggy Flanders, her successors and assigns, to use and reproduce my image in all forms and media, for any and all legal purposes, including publication and advertising and I waive any right to inspect or approve the finished art work. I have read this release before signing and acknowledge that I am familiar with its contents
Parent or Guardian Signature _______________________________
Date: __________________