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Old 09-18-2006, 01:41 PM   #9
Richard Bingham Richard Bingham is offline
Juried Member
 
Joined: Jan 2006
Location: Blackfoot Id
Posts: 431
This is so "kewl" to have these forum discussions. Carol, I don't know my contract model is the best, nor that it covers all the bases. It seems to have worked well for me so far, but I just learned a new wrinkle from Alexandra - I don't have a clause that covers my inability to perform due to illness or death, and that should be in there!

As for refunds, no dice! Sounds "cruel", but unlike a department store item, a personal portrait has value only to the party who commissioned it. I have never had a problem with a client wanting a refund. I make it clear that if they are not serious enough to commit the funds, once I have their money, that's it! I'll bend over backward to please them, but they should never expect me to expend any time or material gratis, for their whim.

I don't mind providing a copy of my contract, but it's a little personal, and proably too much baggage for posts here. Send me a PM or e-mail, and I'd be glad to oblige. (Noting there's room for improvement!)

A parting shot; a common misconception is that "iron compulsion" attends signing a written contract. "Gentlemanly agreement" remains as necessary for doing business amicably as with a "handshake". What writing things down accomplishes is to eliminate conflicts that may arise from misconceptions and faulty memories. Common sense and the good faith of both parties can always over-ride written codicils to allow the give and take necessary in special circumstances.
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