Before signing this Commission Agreement between you and me, please review the entire text below and contact me with any questions or concerns you may have.
Commission Agreement
This Agreement is made on December 11, 2025, between Renay Butts (Commissioner) and Yelena Shabrova (Artist).
The Commissioner shall have the Artist create the artwork with the following guidelines:
Artwork description: two horse, full bodies, standing in a field.
Medium: pastel pencil.
Dimensions: 10″ x 8″.
Support: paper.
Framing/matting options: mat only, for drawing protection.
Retainer: $135.00
Remaining amount: $135.00
Total price of the commissioned artwork: $270.00
Artwork delivery: The commissioned artwork shall be delivered to the Commissioner in person.
Schedule
| Date | Details |
|---|---|
| 12/15/25 | Agreement signed. 50% retainer ($135.00) is due before the work on the commission starts |
| 1/20/26 | Preliminary design shared with the Commissioner |
| 2/4/26 | Preliminary design approved by the Commissioner |
| 3/4/26 | Completed artwork shared with the Commissioner for approval |
| 3/19/26 | Final 50% of the cost ($135.00) plus any additional fees (if applicable) are due |
| 3/26/26 | Finished artwork delivered to the Commissioner in person |
Terms
- Payments. The Commissioner agrees to pay the Artist $135.00 (50% of the total price) as the non-refundable retainer upon signing this Agreement. The Commissioner further agrees to pay $135.00 (50% of the total price) as the remaining amount plus any other agreed upon fees before the delivery of the artwork as follows:
- All Invoices are payable within 15 days upon receipt.
- Delinquent Invoices shall be assessed a $25.00 charge if payment is not received within 30 days of the due date.
- If an amount remains delinquent 30 days after its due date, an additional 1.5% penalty shall be added for each month of delinquency.
- At 120 days past due, the delinquent invoice(s) shall be turned over to the collection agency and this Agreement shall be terminated.
- Upon receipt of the final payment, the Artist shall deliver the artwork to the shipping carrier of the Commissioner’s choice within 3 business days or arrange for the delivery in person.
- All Invoices are payable within 15 days upon receipt.
- Artwork reviews. The Commissioner shall have the right to view the image of the artwork in progress at any time upon reasonable notice to the Artist.
- Reference materials. The Commissioner shall provide the Artist with photographic materials to complete the artwork or shall provide necessary access for the Artist to create her own photographic materials.
- Schedule. The Artist shall complete the artwork as specified under the “Schedule” section of this Agreement after the final design approval. Extensions of this deadline shall only be made in situations beyond the Artist’s control due to loss, theft, damage, destruction due to flood or fire, act of God or shortage of materials. In such instances the Commissioner shall be notified and the artwork shall be completed as close to the agreed upon deadline as is considered reasonable by both parties.
- Preliminary work. The Artist shall create preliminary work described as follows: pencil sketch with basic shading outlining the exact composition of the artwork.
Payment for the preliminary work is due at the time of signing this Agreement. The Artist shall deliver the preliminary design to the Commissioner as specified under the “Schedule” section of this Agreement. The Commissioner may, within two weeks of receipt of the preliminary work, request reasonable changes, and the Artist shall make such changes at no additional cost to the Commissioner. - Revisions. Free revisions shall be made by the Artist only at the preliminary stage. Additional fee at $65.00 per hour shall be charged for any revisions made after the preliminary design is approved by the Commissioner.
- Completion. The Artist shall use her aesthetic judgment to create the artwork and to determine when the artwork is completed. The Artist shall notify the Commissioner once the artwork is completed, and the The Commissioner shall have the right to review the artwork and request small adjustments to be made before the artwork is delivered.
- Warranties. The Artist warrants that the artwork shall be original and shall not infringe on the copyright or other rights belonging to any third party.
- Copyright. The Artist reserves the statutory copyright to the artwork and to any preliminary drawings created by the Artist, including all reproduction rights and the right to claim the statutory copyright. The Artist retains the right to include a copy of the artwork in her portfolio and other marketing materials. No work may be reproduced by the Commissioner without the prior written approval of the Artist.
- Title. Upon payment and delivery of the artwork, the Commissioner shall have the Title ownership of the artwork. All preliminary products necessary to the completion of the artwork including photographic or digital materials created by the Artist, preliminary sketches or mockups shall remain with the Artist.
The Artist retains the Title ownership of the work in the following events:
- Full payment, in accordance with this Agreement, is not received.
- The Commissioner chooses not to complete the purchase of the artwork.
- Full payment, in accordance with this Agreement, is not received.
- Usage rights. The Artist retains the right to use the Commissioner’s first name, and first name only, in display, exhibition, trade, editorial or publication of the work without violating the rights of privacy of the Commissioner including proprietary and personal rights in connection with the finished artwork or any preliminary work.
- Shipping. The Commissioner shall incur all shipping costs. They shall be defined by the current rates of the United States Postal Service or the rates of another carrier if specified by the Commissioner. The artwork shall be delivered to the address specified by the Commissioner in this Agreement, unless another destination is requested.
- Risk of Loss or Damage. Risk of loss or damage to the artwork during creation, delivery, and up until the legal Title and ownership pass to the Commissioner, shall be that of the Artist. In the event that the artwork is damaged or destroyed, the Artist shall replace the artwork or, if this cannot be achieved within the timeline for the completion of the project, refund to the Commissioner the payments made to the Artist.
The Commissioner shall be responsible for any risk of loss or damage to the artwork or loss or damage to persons or property at any time after delivery to the Commissioner has been completed. - Alterations and damages. The Commissioner may not intentionally alter, damage, destroy, modify or change the artwork in any way. If the Commissioner or any other party does alter, damage, destroy, modify or change the artwork, the artwork can no longer be represented as that created by the Artist. The Commissioner shall make all effort to preserve the artwork in good condition.
- Repairs and restoration. Any repairs or restorations to the artwork must be approved by the Artist in writing. The Artist must be allowed to make these repairs and restorations herself unless she waives this stipulation in writing.
- Right of Refusal. It is the intent of this Agreement that the Artist creates the artwork for the Commissioner to purchase. However, if the Commissioner does not wish to purchase the artworks, the Commissioner may refuse the artwork on the following conditions:
- If the Commissioner does not approve the preliminary design, the Artist shall keep the non-refundable retainer and this Agreement shall be terminated.
- The Commissioner may terminate this Agreement at any time after the preliminary design approval. The Artist shall give the Commissioner a good faith estimate of the degree of completion of the artwork and reimburse the unused portion of all payments made by the Commissioner prior to that.
- If the artwork is completed and the Commissioner is not willing to buy it, no refund shall be made to the Commissioner. Payment is due in full despite cancellation or postponement of the work if the artwork has been completed. Upon cancellation, all rights to the artwork stay with the Artist.
- If the Commissioner does not approve the preliminary design, the Artist shall keep the non-refundable retainer and this Agreement shall be terminated.
- Limitations. This Agreement is valid for the artwork and the artwork only. No installation options shall be provided by the Artist as a part of this Agreement.
- Governing law. This Agreement shall be governed by the laws of the State of Oregon.
- Miscellaneous. This Agreement shall be binding between the Artist and the Commissioner, their heirs, successors, assigns, and personal representatives; and all references shall include their heirs, successors, assigns, and personal representatives.
This Agreement constitutes the entire understanding between the Artist and the Commissioner. Any changes to this Agreement must be agreed to by both parties in writing.
Artist’s contact name and details: Yelena Shabrova
yelena@shabrova.com
(408) 569-0292
Commissioner’s contact name and details: Renay Butts
renaybutts@yahoo.com
503-314-2436
