Month 08
Custom commission contract: complete structure in 2026
In 30 seconds
A custom commission contract protects both parties and avoids 90% of conflicts. 10 critical clauses: identification of parties, precise project description, total price and payment schedule (typically 30% / 30% / 40%), detailed calendar, intellectual property, modification conditions, cancellation conditions, delivery, warranty, signatures. Without a written contract, 25-40% of commissions end in conflict.
Why a contract is non-negotiable
I saw an artist at loriginal accept a $4,500 commission 'on their word' in 2022. After 3 months and 50 hours of work, the client refused the first sketches, asked for major modifications, then questioned the price. Without a contract, it was impossible to defend her position. She ended up accepting $1,800 for 4 months of work.
A written contract protects BOTH the artist and the client. It clarifies expectations, frames modifications, and secures payments. Serious clients even insist on having a contract.
1. Identification of the parties
Full names, addresses, contact details (email, phone) of the artist and the client. If the client is a company: corporate name, Quebec Enterprise Number (NEQ).
2. Precise description of the project
- Exact dimensions (height by width in inches AND cm)
- Medium and support (acrylic on canvas, oil on panel, etc.)
- Expected style (visual references attached to the contract)
- Main color palette and level of detail
- Any special specifications (framing, surface treatment)
The more precise it is, the fewer conflicts are possible.
3. Total price and payment schedule
Standard recommended schedule: 30% upon signing (non-refundable deposit), 30% halfway (after detailed sketch validation), 40% upon delivery.
Price including or excluding: GST/QST (5% + 9.975% in Quebec), transport, installation, framing. Specify explicitly.
4. Detailed calendar
Key dates: contract signing, sketch validation, halfway validation, delivery. Plan a 10-15% margin for unforeseen events (health, weather, missing supplies).
5. Intellectual property
Critical clause: the artist retains the copyright of the artwork. The client buys the physical object, not the reproduction rights. Unless explicitly agreed otherwise. Reference: Copyright Act of Canada.
6. Modification conditions
Specify what is included in the price: for example, 2 major modifications and 3 minor modifications during the process. Beyond that, an additional hourly rate ($45-$80/hour depending on your rate).
7. Cancellation conditions
If the client cancels after the deposit: non-refundable deposit. If the client cancels halfway: 50% of the total price is due (covers the work already done). If the artist cancels: full refund and 10% indemnity.
8. Delivery and installation
Delivery location, who is responsible (artist or carrier), insurance during transport, who installs (recommended: artist or professional installer for artworks above $1,500).
9. Warranty and conservation
Artist's warranty on manufacturing defects (typically 12 months). Conservation advice provided in writing. Warranty limits (damages due to misuse, direct sunlight exposure, etc.).
10. Signatures and witnesses
Signatures of both parties, date, location. For contracts above $10,000: witness recommended. Two original copies, one per party.
The standard contract in Quebec
The RAAV (Regroupement des artistes en arts visuels) offers contract templates adapted to Quebec. A good starting base to customize according to your case.
The 3 mistakes that cost dearly
- Mistake 1, accepting on their word. Even with a trusted client, a written contract is mandatory. Good memories turn bad when $3,000 is at stake.
- Mistake 2, price without explicit GST/QST. The client understands $4,000 all inclusive. You thought $4,000 + taxes. Guaranteed conflict at billing.
- Mistake 3, vague calendar. 'Delivery around late April' generates complaints on May 1st. Precise date.
FAQ
Do you need a lawyer to draft the contract?
For contracts above $25,000, recommended. Below that, an adapted template is sufficient.
Should the contract be in French or bilingual?
In Quebec, French is sufficient. Bilingual is mandatory if the English-speaking client requires it.
Can the contract be modified after signing?
Yes, by an amendment signed by both parties. Not verbally.