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ARTIST

Name: Douglas E. Drenkow

Street Address: 10306 E. Live Oak Ave.

City, State Zip: Arcadia, CA 91007

Phone: (626) 447-1638

E-Mail: Doug@DouglasDrenkow.com

California Seller's Permit Number: SR AP 99348155

CLIENT (Individual or Organization)

Name:

Representative (for organization):

Street Address:

City, State Zip:

Phone, Day: (         )

Phone, Evening: (         )

E-Mail:

Is this painting a surprise gift?

FOR EACH SUBJECT

Name:

Color of Eyes, Hair, etc. (if unclear):

Height (and/or Age for Child):

Relationship of Subject to Client:

Name and Location/Phone Number of Person to Contact for Model Release:

FOR PROFESSIONAL REFERENCE PHOTO

Date and Place Photo Was Taken:

Photographer's Name: 

Photographer's Address:

Photographer's Phone Number:

COMPOSITION

Description (pose, size, etc.):

FEES

Fees for any additional services — such as framing or shipping — will be agreed to elsewhere.

The Deposit is ordinarily non-refundable. However, if any unusual situation arises — as concerning a model release, a copyright license, or scheduling — I will contact you and offer either to revise this commission or to refund your Deposit and terminate this commission.

The Completion Fee is payable only if you approve of the completed painting (Please see below) and may be paid in installments (as agreed to elsewhere).

PROPOSED COMPLETION DATE:

Upon completing your painting, I will contact you to arrange a time and place for your inspection of my work, at which time you will 1) pay the Completion Fee (or the first installment) and take delivery of the painting; 2) refuse delivery and owe no further fees; or 3) suggest reasonable changes, upon whose timely completion I will notify you to inspect the painting and to either pay the Completion Fee and take delivery or refuse delivery and owe no further fees.

Thank you for your patronage!

ADDITIONAL TERMS AND CONDITIONS

The Artist, Client, Subject(s), and certain other terms and conditions are as specified above.

The Original Work consists of a single photograph or a collection of photographs. If it has been supplied by the Client to the Artist, every precaution will be taken by the Artist to return this photograph safely to the Client. However, the Artist makes no warranty, either express or implied; nor is he subject to any liability other than paying $10 in total compensation to the Client for any damage to or loss of the Original Work through negligence or any other fault while in his custody or in the hands of his agents.

The Derivative Work shall be an oil painting on unframed canvas to be created from the Original Work by the Artist, who reserves the right to exercise reasonable artistic license. For the purposes of this commission, the Artist is an independent contractor; and he shall be responsible for all costs in the creation of the Derivative Work except as specified below.

If the Original Work is a photograph that was distributed with a copyright notice or if the Original Work is any photograph that was taken by a professional photographer since March 1, 1989 (whether or not it was distributed with a copyright notice), or if required by any other provision of copyright law, a copyright license signed by the owner of copyright in the photograph (typically the photographer) must be obtained by the Artist before he can begin creation of the Derivative Work. Although the Artist may help with arrangements, any fees required for such license will be the responsibility of the Client: If such fees are not paid, the Artist will promptly refund any Deposit to the Client and terminate this commission.

It is understood that although the Client shall own the finished Derivative Work itself and shall have the right to display it in public or private viewing areas, the Artist shall retain the copyright to the Derivative Work, including the right to reproduce photographs of the Derivative Work, which he may take during its creation, and to license reproduction of such photographs to others.

If the Client is the Subject, or a parent/legal guardian of (a) minor Subject(s), or a legal heir/successor of (a) deceased Subject(s), the Client hereby grants the Artist and his assigns, licensees, successors, and legal representatives the irrevocable right to use the name(s) of the Subject(s), less the surname(s) of any minor Subject(s), and image(s) of the Subject(s) in all forms and media and in all manner for any lawful, non-defamatory purpose; and the Client hereby waives any claim to compensation therefor.

If the Client is not so related to the Subject(s), the Client must provide the Artist with a signed model release and/or the name and location/phone number for each Subject or, as appropriate, for one of his/her parents/legal guardians or legal heirs/successors. Any fees required for any such model release will be the responsibility of the Client: If such fees are not paid, the Artist will promptly refund any Deposit to the Client and terminate this commission.

If the Client is an "organization" (such as a corporation, college, government entity, or professional association), it hereby grants the Artist and his agents permission to use the name, including any fictional name, of the Client in connection with the lawful, non-defamatory activities of the Artist with regard to this portrait commission and waives any claim to compensation therefor.

The Deposit is non-refundable except under circumstances as outlined elsewhere in this document, in which case this commission will be terminated and no further fees will be owed by the Client to the Artist. The Completion Fee is payable according to the terms of completion outlined elsewhere in this document, unless payments in installments are agreed upon, elsewhere.

The Artist shall complete the Derivative Work by the Proposed Completion Date, unless 1) he and the Client shall mutually agree upon another Completion Date or 2) he and the Client cannot mutually agree upon any Completion Date, in which case the Artist will promptly refund any Deposit to the Client and terminate this commission.

The Artist shall promptly notify the Client upon the completion of the Derivative Work, and they shall mutually agree upon a time and place for the inspection of the Derivative Work by the Client in accordance with the terms outlined elsewhere in this document. Except in the case of payment in installments, as agreed to elsewhere, if the Completion Fee has not been paid 60 days after the notification of the completion of the Derivative Work or, if agreed upon, of the completion of any revisions, the Derivative Work shall become solely the property of the Artist.

The Artist and Client each hereby warrants that each of the statements that he/she has made herein is true and correct and shall indemnify and save the other party harmless from any loss or liability, including reasonable attorney fees, due to any breach of his/her warranty.

This commission shall not be modified or terminated except in writing by the parties hereto or in accordance with the provisions herein. This agreement shall in all respects be subject to the laws of the State of California applicable to agreements executed and wholly performed within such State. Any provision or part of any provision of this commission that is void or unenforceable shall be deemed omitted, and this commission with such provision or part thereof omitted shall remain in full force or effect.