Sometimes you have a specific space to fill or subject or vision for a piece of artwork and may be interested in commissioning an original painting created specifically for your needs. We take a small amount of commission paintings each year. Here are the answers to some commonly-asked questions about commissions:
Are you currently taking commissions?
Yes, we are currently taking a limited number of commissions.
What kind of subjects do you paint?
We paint primarily desert themes and botanical subjects—most commonly cactus and sometimes floral. We also occasionally landscapes. We do not paint portraits or animal themes.
What mediums do you use?
We most commonly paint with watercolor and occasionally acrylic. When the desired size is over 9x12 we defer to acrylic. With both mediums we use the same loose, gestural style that can be seen in our work on this website.
What is the price of a commissioned painting?
Pricing for commissioned paintings is based on medium, size, and the complexity of the subject. Smaller watercolor painting commissions start at $200 and medium-sized acrylic paintings start at $300, plus supplies and shipping.
How long does it take to create a painting commission?
Commission times vary based on current commission schedule and the complexity of the painting, however, most commissions are completed within 4-6 weeks.
Who actually owns the final painting?
While you will own the physical painting, the intellectual property rights of all artwork remain the sole property of Melissa Balkon and are held under copyright, even after purchase. This includes the rights to the image of sold and commissioned original paintings. The images, artwork, and contents of the paintings may not be copied, collected, or used for personal or professional gain without the written permission from Melissa Balkon. All images of artwork, sold or otherwise, are retained by Melissa Balkon. I retain the right to make reproductions or any and all artwork I create and to display it in my portfolio or online, unless the collector has purchased full or partial rights to the artwork in addition to purchasing the original painting itself. The Collector or buyer may not reproduce the artwork in any way without written permission. When you purchase or commission an original painting you, the collector, have the right to display the artwork in your home or business, but the artwork may not be resold or reproduced without my written permission. For full details see our sample commission contract at the end of this page.
What is the process for the commissioned painting?
Prior to beginning the paintings, I will collect any reference images that may aid in the development of the composition. Items that will be helpful include: Photos of where the paintings will hang and specification of any colors used in the interior design of the conference rooms.
Upon receipt of these materials, I will develop some rough sketches prior to painting that I will present for review and approval. Upon approval of the sketches, I will begin the paintings.
Upon completion of the paintings, they will be sealed and I will hand-deliver the paintings to your desired location.
How do I start the process of commissioning a painting?
To get started, email Melissa at email@example.com to express your interest in a commission, and provide your thoughts on the following items:
- Ideas for subject of the painting
- Desired finished size of the painting
- Reference photos for color scheme and/or location the painting will reside in.
SAMPLE COMMISSION CONTRACT
This Agreement (“Agreement”), entered the date outlined at the top of this contract, between Melissa Balkon (“Artist”) and the Client (“Client”) defined at the top of this proposal, shall govern the respective rights of Artist and Client with respect to the artwork described herein.
1. Scope of Work Commissioned
Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications, as outlined in the "Pricing" section above, using the process defined in the "Process" section above. Artist agrees that the Work shall be of first-class quality, artistically produced, with aesthetic content similar to current work style that is reflected on Instagram and online at phoenixsupply.co.
Intellectual property rights of all artwork remain the sole property of Melissa Balkon and are held under copyright, even after purchase. This includes the rights to the image of sold and commissioned original paintings. The images, artwork, and contents of the paintings may not be copied, collected, or used for personal or professional gain without the written permission from Melissa Balkon. All images of artwork, sold or otherwise, are retained by Melissa Balkon. I retain the right to make reproductions or any and all artwork I create and to display it in my portfolio or online, unless the collector has purchased full or partial rights to the artwork in addition to purchasing the original painting itself. The Collector or buyer may not reproduce the artwork in any way without written permission. When you purchase or commission an original painting you, the collector, have the right to display the artwork in your home or business, but the artwork may not be resold or reproduced without my written permission. If the artwork ends up being reproduced in a magazine or other media featuring your home or business, please be sure to provide a credit for the Artist.
The Client shall pay Artist fees as outlined above in the "Pricing" section. All fees are due up-front prior to the development of the commissioned artwork. Failure to pay this amount will delay the start time of the project. Payments are non-refundable and non-transferrable.
4. Changes to the Scope of Work
Revisions or alterations made by the Client to the scope of work may incur additional fees and costs to the Client. The Designer will notify the Client of additional fees and costs prior to their incurrence.
5. Rejection or Cancellation of Project
Rejection of the completed project or cancellation during its execution will result in forfeiture of all payments received to date. Any work that exceeds compensation by said payments received to date will be promptly billed and payment is expected within 15 days of the invoice date. All elements of the commission must be returned to the Artist, and any usage by the Client of those elements will result in appropriate legal action. The Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this Contract or in which the Artist may become a party by reason of this Contract. The commission will be re-estimated if the Client wishes to restart the project at a later date.
Client and Artist agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties, and that no additional terms exist that are not included herein. To the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.
7. Unauthorized Use by Client
Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.
8. Warranty of Originality
The Artist represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Work by Client which may infringe upon the rights of any other person. Client agrees that it shall hold Artist harmless for any claim or liability caused by Client’s use of Artist’s product to the extent such use infringes upon the rights of any other person.
9. Entire Agreement
This Contract constitutes the entire agreement between the parties with respect to this subject matter and supersedes all prior written and verbal understandings and agreements relating to it.
10. Acceptance of Agreement
The above terms and conditions and the attached Estimate of cost are hereby accepted. The Artist is authorized to execute the project as outlined in this Contract. Payment will be made as proposed above.