How to Draft a Simple Sales Contract That Protects Artists

Imagine you’ve spent countless hours creating a sculpture specific to a buyer’s wants and needs. You’ve purchased materials, created drafts and locked yourself in the studio for weeks to finish the piece. When you’re done, you call the buyer to inform them the work is complete.  What you hear coming from the other end of the phone puts you in complete shock because the buyer says he can’t pay the full price you quoted.  Huh? You deserve to be fully compensated for your work, time and effort, but without a signed contract, you are not guaranteed anything. You can avoid this nightmare by having an airtight sales contract.

A sales contract is one of the most important tools an artist has to assure their profits and protect themselves from customer negligence. Drafting a sales contract may seem daunting, but, even without a lawyer, you can write a simple, short and effective contract.  Sales contract really boil down to a handful of basic points that are described as follows:

Parties. Identify the parties involved in the agreement by name and title. Include their phone number, street address, and email address.

Description of Work. Identify the artwork that is the subject of the sale. Include the title of work, medium, size, price, and year of creation. If multiple works are being sold, list each item in detail.

Terms of Sale. Draft a section that details when the full payment that must be received or how a payment plan will be handled. Make sure to note down payment requirements, installment payments, and due dates.

Copyright and Reproduction.  Include a section that reserves the artist’s reproduction rights and the right to claim statutory copyright.  It is a good idea to request artist’s approval for any reproductions of the work. Also, request to be informed if the work is sold to a new owner, and to receive the new owner’s contact information (if possible).

Shipping.  Draft a section describing how the work will be shipped to the buyer, the delivery address and who is responsible for paying the shipping cost.

Insurance.  This section identifies who will be responsible for covering loss or damage of the work. Note: The buyer is usually responsible for insurance coverage during shipment. If the work is lost or damage before shipment, the artist is usually responsible.

Governing Law.  Identify the state whose laws will govern the contact.

Signatures. Create a signature section. Identify the parties entitled to sign the contact, include their names and titles clearly.  These days you can utilize electronic signatures if all parties aren’t present. Adobe Acrobat, DocuSign, and HelloSign.

When entering into a sales agreement, make sure your sales contract is clearly understood by all participating parties. A short sales contract can work in most cases, but certain situations call for a more detailed agreement. In such cases, you may want to seek professional assistance from an art lawyer or artist advisor/representative.