Non-Profit Commission Terms & Conditions

These terms and conditions govern the creation of artwork by Michael Reynolds ("Artist") for nonprofit organizations ("Client") seeking artwork for fundraising or other charitable purposes. By commissioning artwork, the Client agrees to the following terms.

1. Copyright & Ownership

  • Copyright: The Artist retains all copyrights and intellectual property rights to the artwork, even if it is being created for a nonprofit organization. The Client does not own the copyright unless explicitly transferred in writing.

  • License to Use: Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the artwork for the specific purpose agreed upon (e.g., for promotional materials, events, auctions). Any other uses require a separate agreement.

2. Compensation

  • The Client agrees to pay the Artist a commission fee for the creation of the artwork, as outlined in the commission agreement. The fee may be adjusted depending on the scope, size, and complexity of the piece.

  • Payment Terms: A non-refundable deposit of at least 50% of the total commission fee is required before work begins. The remaining balance is due upon completion and before delivery of the artwork.

  • The Artist reserves the right to waive the commission fee at their sole discretion but is under no obligation to do so.

3. Auction & Fundraising Proceeds

  • If the commissioned artwork is to be auctioned, raffled, or otherwise sold for fundraising purposes, the Artist is entitled to 20% of the gross proceeds generated from the sale of the artwork, unless otherwise agreed in writing.

  • Payment of Proceeds: The Client agrees to remit the agreed-upon percentage of proceeds to the Artist no later than 30 days following the completion of the auction or fundraising event.

  • Auction Details: The Client will provide the Artist with documentation detailing the auction results and the final proceeds received from the sale of the artwork.

  • Minimum Bid: The Artist retains the right to establish a minimum bid for the artwork in any fundraising auction or raffle. If the minimum bid is not met, the artwork shall be considered “not sold”. In such cases, the Client may either:

    • Return the artwork to the Artist at no further cost, or

    • Remit payment to the Artist for the agreed commission fee/minimum bid, less the deposit, to retain the artwork.

4. Non-Profit Verification

  • The Client must be a verified and registered 501(c)(3) nonprofit organization to be eligible for any special pricing or fundraising terms.

  • The Client agrees to provide the Artist with documentation of nonprofit status upon request.

5. Usage of Artwork

  • The artwork created for the Client may be used for the Client’s fundraising purposes, including promotional materials, event invitations, marketing campaigns, and digital content. However, the artwork may not be reproduced for commercial purposes without the Artist’s written consent.

  • The Client agrees to credit the Artist in any public displays, publications, or promotional materials featuring the artwork, such as:

    • Artwork by Michael Reynolds

    • Or as otherwise specified by the Artist.

6. Indemnification & Liability

  • The Client agrees to indemnify, defend, and hold harmless the Artist from any claims, damages, or liabilities arising from the use of the artwork, including but not limited to claims of copyright infringement, violations of third-party rights, or any legal claims arising from the Client’s use of the artwork in the fundraising event or auction.

7. Promotion & Auction Management

  • The Artist is not responsible for the promotion, marketing, or management of the auction or fundraising event. This includes driving bids, handling event logistics, or attracting buyers.

  • The Client is fully responsible for the promotion and execution of the event and auction. The Artist’s role is limited to providing the artwork as agreed upon.

8. Delivery & Deadlines

  • The commission timeline will be agreed upon at the time of booking. The Artist typically completes commissions within 4–6 weeks from the start date, depending on the scope of the project.

  • The Client must provide timely feedback and approval for any revisions to avoid delays. If the artwork is intended for a specific event or auction, the Client must notify the Artist of the deadline well in advance.

9. Termination & Cancellation

  • If the Client terminates this Agreement before completion of the artwork, the non-refundable deposit will be forfeited. If the artwork is partially completed, the Client may be responsible for paying a prorated fee.

  • If the Client proceeds with the auction or fundraising sale without compensating the Artist as agreed, the Artist retains the right to seek legal action to recover owed compensation, including proceeds from the auction.

10. Governing Law

This Agreement is governed by the laws of the State of North Carolina. Any disputes related to this Agreement shall be resolved in the courts of Onslow County, North Carolina.

11. Miscellaneous

  • Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.

  • Entire Agreement: This Agreement constitutes the entire understanding between the Artist and Client regarding the commissioned artwork and supersedes any prior discussions or agreements.

By commissioning artwork, the Client acknowledges and agrees to these terms and conditions. The artwork will not be created until both parties have signed this Agreement and the deposit has been received.

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