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COMMISSIONED ART AGREEMENT
BY N, INC
The following agreement outlines the terms and conditions between the “Dealer”: Inc. and the “Artist”: George F. Fishman to provide the following described commissioned art to the “Client”:
FCB in Fort Walton Beach, Florida. The project will be directed and reviewed by the “Designer” : Erman F with P Design Group,.
SCOPE OF WORK
The commission includes one commissioned mosaic wall mural. The overall size is to be approximately 17 feet wide x 4 foot 6 inches high and is located inside the bank, behind the teller line, above a built-in credenza. The image of the mural will depict the Florida coast, in a “traditional style”, to include but not limited to, icons of the area, such as beach, buildings, flora, fauna, historical sites, etc. The materials will be determined during the design process and could include one or a combination of smalti glass, vitreous, venetian golds and split-faced stones. The final designed mural will be thin-set mounted on several separate panels, which will be butt jointed and fastened to the wall with all hardware concealed. The finished surface shall be free from any loose materials or sharp edges. Any required wall structure or finished wood trim shall be the responsibility of the architect and/or contractor.
DESIGN DEVELOPMENT PHASE
The Dealer and Artist will research and find images of icon scenes of the Ft. Walton beach area to utilize as inspiration for the final design. The Dealer will discuss and review the images with the Designer to determine a design direction and the amount of complexity for the mural.
The Dealer will work with the Artist to develop several preliminary sketches of composition to review with the Designer. The Dealer will meet with the Designer (MEETING #1) to review the preliminary sketches. Once a design direction is approved by the Designer, the artist will provide a small-
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scaled color drawing of the proposed mural design. The drawing shall be no smaller than 1” equals 1’ in scale and of presentation quality. In addition, the Artist shall provide a small fabricated mock up sample of the proposed materials. The mock up shall be no smaller than 12” x 12”.
The Dealer will meet with the Designer (MEETING #2) on the final proposed design color drawing and mock up sample. The Designer will present the final design to the Client for review. If the Designer or the Client makes minor revisions, the Artist will submit a revised color scaled sketch for final approval. If the Designer or Client makes major revisions, which require the Artist to completely re-design the mural, then the Client will be billed for additional services. The amount of additional services will be determined between the Artist and Dealer and presented to the Client for approval before proceeding with the additional work.
FABRICATION PHASE
Once the Client approves the final design, the Artist will proceed with the work. The Artist has creative license, within reason, to make minor design revisions during the fabrication phase. The Artist is to review all revisions to the original design, with the Dealer, prior to proceeding with the revision. If the Artist fails to complete the commission or produces the commissioned art which is totally different than the approved design and which is unacceptable to the Client, then the Artist agrees to either produce another commission or refund to the Dealer within 10 days, all the money paid to the Artist to date, including all shipping costs. At that time this agreement is terminated. the Artist then agrees to either (1) bring work into compliance within one month or (2) agrees to deliver all satisfactorily completed panels and to return funds received that exceed this portion. Dealer then reserves right to secure services of another artist to complete the project.
c.ient needs all or nothing. In case of incapability to complete work, determination will be made on feasibility.
The Dealer is responsible for the coordination with the Artist and Designer regarding any required information about the
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wall structure, trim details, lighting requirements or any other required details for the successful installation of the final mural. However this agreement does not include actually providing any of these items, which could include but not limited to: lighting, structure, wood trim, etc.
3. The Artist shall periodically send photo images of the work in progress for the Dealer review.
INSTALLATION PHASE
The coordination of crating and shipping of the art shall be the responsibility of the Artist. An agreed upon amount for the cost with no mark up, for crating, shipping and insurance, shall be paid to the Artist by the Dealer. The art shall be packed properly to avoid any damage during delivery. The art shall be insured for the full artist cost plus the costs of crating and shipping. The Artist is to contact the Dealer prior to delivery and communicate to the Dealer the arrival date.
The Artist is responsible for providing the required installation hardware for the mural panels.
The Artist is responsible for on-site supervision of the installation process of the mural panels.
The Artist shall have access to uninterrupted water, electrical power and waste receptacle on the job site during installation.
The Artist shall provide the Client with a description of the mural, design statement, materials utilized and maintenance procedures.
PAYMENT TERMS
The total amount due to the Artist for design, fabrication and associated costs is _________. plus an agreed upon Full crating and shipping charges will be determined once several
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typical panels have been fabricated and total crating and shipping charges are to be paid to Artist prior to shipping. Once the Artist and Dealer sign the agreement, the Dealer will pay the Artist a deposit in the amount of $2,500 to begin the commission. At the time of final approval of the design sketch by the Client, the Dealer will pay the Artist 50% of the remaining balance (minus the $2,500 deposit) in the amount of __________. Another 25% payment in the amount of __________will be made to the Artist midway through the fabrication phase. The final payment for the remaining 25% balance in the amount of ___________ will be paid to the Artist within 10 days after final installation of the art.
The artist is responsible for all costs relating to the chosen materials required to produce the art and any other expenses such as long distance phone calls, photography, postage, etc. Estimated the cost of travel (expenses for airfare, car rental, hotel and meals, etc) and costs to install the art (scaffolding rental, installation materials, etc.) are to be submitted to the dealer for review and approval by the Client, prior to the scheduled installation date.. All final travel related expenses (cost with no mark up) are to be submitted to the dealer, after installation, for payment by the client. Note: Artist time required to install the art is included in the base price and not considered an expense. Once final payment is made to the artist, title of artwork is transferred to the Client.
The final art is due to install _________________. It shall be shipped to: ___________________________________________________________________________________________________________________________________________________________ The Artist agrees to communicate immediately to the Dealer any concerns regarding the schedule.
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PROJECT SCHEDULE:
DESIGN DEVELOPMENT PHASE ____________________________________________
FINAL DESIGN APPROVED BY CLIENT____________________________________________
FABRICATION PHASE____________________________________________________________
INSTALLATION OF ART___________________________________________________
PROJECT COMPLETE____________________________________________________________
GENERAL NOTES:
The Dealer has the right to photograph the installed art and utilize the photographs for promotional purposes only. All copyright privileges shall be in accordance with both the National Laws and the State of Georgia and Florida.
The Artist agrees not to contact the Client directly. All communication concerning the commission or the project shall be directed to the Dealer.
If any of the terms and conditions of this agreement are failed by the Artist, the Dealer will communicate to the Artist in writing that this agreement is terminated and the Artist agrees to return the all the money paid to the Artist to that date to the Dealer. he is in default. Artist must then remedy any deficiencies within a one month period or be subject to termination of the agreement. Any arbitration requested by the Artist shall come under the laws of Georgia and shall take place in Atlanta, GA.
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If Dealer fails to provide timely payment, the delivery schedule may be adjusted accordingly without prejudice against the Artist.
If Owner terminates project prior to completion for no cause, artist will retain all payments received for completed work. Excess funds received will be returned to dealer. If work has exceeded payment received to date, those funds remain payable to the Artist. Artist will still crate and ship artwork
4. The terms and conditions of this agreement are understood and approved by the Artist and the Dealer and shall be binding through the period of this agreement, with the following signatures:
APPROVED BY (DEALER) DATE APPROVED:
____________________________________ ______________________
Pamela M
Vice President, N, Inc.
APPROVED BY: (ARTIST) DATE APPROVED:
_____________________________________ ___________________________
George F. Fishman
103 NE 99 Street
Miami Shores, FL 33138