Easy Come, Easy Go

[Richard Bingham]

I write a contract which provides for payment by thirds. One third upon acceptance of the terms, (which outlines the intended scope of the work, and provides for change-orders) one third at the "half-way" point (I get to decide that) and the final third upon the client's acceptance of the finished piece. As far as expressions of interest that back down, one way to clear the room is ask for their money! On the other hand, I think my acceptance rate is phenomenal - I've been extremely lucky! So far, I "close" with one in ten. Truly, while many may enthuse over the idea on impulse, most "cool down" after they think it over, and you don't want those folks anyway.

[Carol Norton]

Originally Posted by Richard Bingham

I write a contract which provides for payment by thirds. One third upon acceptance of the terms, (which outlines the intended scope of the work, and provides for change-orders) one third at the "half-way" point (I get to decide that) and the final third upon the client's acceptance of the finished piece.

Richard, this sounds like a logical & protective plan for both parties - artist and client. Would you be willing to post a copy of your contract? It sure would help with some of the funky things that I have been hearing recently. Sometimes clients' perceptions change with the wind (and it only takes a few of these to consume a lot of time). I know that quirks like this are a part of EVERY profession, but I naively thought I'd see less of it when I left the education field due to smaller numbers of prople. Artists can spend hours and days committing an image into a concrete form to which the client has agreed and then....poof! Spelling things out may not prevent glitches but it sure may catch the ones that are unnecessary. I would greatly appreciate seeing just how you and others have spell out their "rules." I believe it's up to the communicator to make himself (or herself) understood and if that's not happening, then a better and better way needs to be found.

Does your contract discuss refund? I'd really be interested to know when that is appropriate without alienating the client. (Is that like a prenup agreement?) Every person out there who has done his own marketing without a must have good solutions to these problems. This may be a great topic for discussion and since there's no point in reinventing the wheel, it would be wonderful to read ideas on this topic. Thanks be to anyone willing to contrubute to this huge question.

[Alexandra Tyng]

I ask for 1/3 non-refundable deposit up front, and 2/3 when the portrait is completed and approved by the client. But I make an exception to the "non-refundable" part if and only if "the artist is unable to complete the portrait due to illness or death." It sounds dramatic but it does give the client the feeling that I'm not about to abscond with their money.

[Richard Bingham]

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.

[Carol Norton]

Alex and Richard, thank you both for your enlightening replies. The issue over refunds is one that I will include in my contract. I have not been asked for a refund, but after 3 photoshoots and a lot of details in doing a painting of someone no longer here, a lot of waffeling on details, etc. I am wishing I had covered that base originally with one client.