Taking commissions can be one of the most rewarding ways to build your creative career. You get paid to make work that’s personal, meaningful, and tailored to a real person or business.
But commissions can also get messy fast - unclear expectations, scope creep, late payments, last-minute changes, and awkward conversations about who owns what (and what you’re allowed to post online).
That’s why a good commission agreement matters. This updated guide reflects current expectations in how artists are commissioned today (including online bookings, digital delivery, and modern IP and privacy considerations in New Zealand), and it’s designed to help you protect your time, your work, and your income from day one.
What Is A Commission Agreement (And Why Do You Need One)?
A commission agreement is a written contract between you (the artist) and your client. It sets out what you’ll create, how long it’ll take, how you’ll be paid, and what happens if something changes.
Even if you’re working with a friend, a repeat customer, or a “simple” request, having the agreement in writing is crucial. It doesn’t need to be complicated - it just needs to be clear.
In practice, a commission agreement helps you:
- Set expectations early (what the client gets, what you don’t provide, and how revisions work)
- Get paid properly (deposit, milestones, late payment rules, and what happens if the client disappears)
- Protect your intellectual property (so you don’t accidentally give away rights you meant to keep)
- Reduce disputes (and make uncomfortable conversations much easier)
If you’re regularly taking bookings, it’s also common to wrap parts of your process into standard Service Agreement terms, especially if you provide add-ons (like printing, framing, delivery, installation, or ongoing design support).
What Should Be Included In An Artist Commission Agreement?
Every commission is different - a tattoo design isn’t the same as a corporate mural, and a character illustration isn’t the same as a family portrait.
Still, most strong artist commission agreements cover the same core building blocks.
1. The Artwork Description (Scope Of Work)
This is where you spell out exactly what you’re creating, in plain language. The clearer you are here, the fewer “but I thought it included…” issues you’ll have later.
Consider including:
- The type of work (e.g. digital illustration, oil painting, mural, sculpture, graphic design)
- Size/dimensions and format (physical size, resolution, file types)
- Style references (optional, but helpful)
- Deliverables (final piece, sketches, layered files, print-ready version, etc.)
- What’s explicitly not included (e.g. printing, framing, shipping, commercial licensing)
For larger projects, this part often works best as a “Scope” or “Brief” schedule attached to the agreement so you can keep the main contract consistent and update the details per client.
2. Timeline, Milestones, And Client Approval Points
Commission work often gets delayed because either (1) the client is slow to respond, or (2) the approval process isn’t defined.
Your agreement should set out:
- Estimated start date and delivery date (or a delivery window)
- Key milestones (concept sketch, refined draft, final)
- How long the client has to approve (e.g. 5 business days)
- What happens if approvals are delayed (for example, the timeline shifts)
Tip: it can help to define what a business day is (especially if you work weekends and the client doesn’t), so everyone’s on the same page about deadlines and response times.
3. Fees, Deposits, And Payment Terms
This is the part that protects your cash flow. If you’ve ever been ghosted after sending a draft, you already know why it matters.
Common approaches include:
- Deposit upfront (often non-refundable once work starts)
- Milestone payments for larger jobs
- Final payment required before delivery of high-res files or physical handover
Make sure your contract answers these questions:
- How much is the total fee, and what does it include?
- When is the deposit due?
- How can the client pay (bank transfer, card, platform payments)?
- What happens if the client pays late (late fees/interest, pause of work, no delivery until paid)?
If you’re quoting rather than charging a fixed fee, it’s worth understanding whether your quote is binding. (It depends on how it’s written and accepted.) If this comes up for you a lot, it’s worth getting clarity on quotes and what turns them into an enforceable agreement.
4. Revisions, Changes, And Scope Creep
This is where many commission relationships fall apart - not because anyone is being difficult, but because no one defined what “a few tweaks” means.
Consider including:
- How many revision rounds are included in the fee (e.g. 2 rounds at sketch stage)
- What counts as a revision versus a change of direction
- Your hourly rate (or fixed fee) for extra revisions
- How change requests impact the timeline
Being clear here doesn’t make you “hard to work with”. It shows you run a professional creative business.
5. Delivery, Risk, And Practicalities For Physical Work
If you deliver physical art (original paintings, sculptures, prints), the agreement should also cover:
- Who pays for packaging and shipping
- Insurance for delivery (if relevant)
- When risk passes (e.g. on collection, or on delivery confirmation)
- What happens if the client damages the work after handover
If installation is involved (like a mural or on-site artwork), you may also want clauses around site access, working hours, safety requirements, and delays outside your control.
Who Owns The Artwork And What Rights Does The Client Get?
This is the legal heart of most artist commission agreements: intellectual property.
In New Zealand, copyright generally belongs to the person who creates the work (the artist), unless there’s a legal exception or you agree otherwise in writing. A commission fee does not automatically mean the client owns copyright.
So, you’ll usually choose between:
Option 1: You Keep Copyright And License The Client To Use The Work
This is a very common (and often artist-friendly) approach. The client gets permission to use the artwork for specific purposes, but you remain the copyright owner.
Your licence terms might specify:
- Permitted use (personal display, website use, marketing, packaging, etc.)
- Commercial vs personal use (these should be priced differently)
- Territory (NZ only, worldwide)
- Duration (one-off, 12 months, ongoing)
- Exclusivity (exclusive use typically costs more)
- Whether modifications are allowed (e.g. cropping, adding text, changing colours)
If you’re doing brand work (like an illustration that becomes part of a product line), licensing needs to be drafted carefully so the client can operate their business, but you aren’t giving away more than you intended.
Option 2: You Assign Copyright To The Client
An assignment is a transfer of ownership. This means the client becomes the copyright owner (or co-owner, if you agree to that).
Assignments are often appropriate when:
- The client needs full control for commercial reasons
- The work is intended to be used as a core brand asset
- The client is paying a premium specifically for ownership
If you’re assigning copyright, the agreement should be very clear about:
- Exactly what is being assigned (final artwork only, or drafts too?)
- Whether you keep any rights (e.g. portfolio display)
- When the assignment takes effect (often after full payment)
Don’t Forget Moral Rights (Attribution And Integrity)
Even when copyright is licensed or assigned, artists can also have “moral rights” - like the right to be identified as the creator and to object to derogatory treatment of the work.
Your agreement can deal with practical issues like:
- How you’ll be credited (name, handle, website)
- Where credit appears (social media caption, packaging, on-site plaque)
- Whether the client can edit or alter the work (and how approvals work)
If you’re also building a brand for your own creative practice, it can be worth thinking beyond commissions and protecting your name/logo as well. For some artists, registering a trade mark is a natural next step once you’re established, and register your trade mark support can be part of your long-term business setup.
Common Commission Agreement Clauses Artists Often Miss
You can have the scope and pricing perfect, but still run into trouble if you don’t cover a few “what if” situations.
These clauses are the ones artists often skip - and the ones that can save you when things go sideways.
Cancellation And Kill Fees
Sometimes the client changes their mind, their budget falls through, or their project gets cancelled internally. You need a fair process for that.
Your contract might include:
- Whether the deposit is refundable (often it isn’t once work starts)
- A kill fee based on work completed (e.g. 50% if cancelled after draft approval)
- What the client receives if they cancel (often only completed stages)
Refunds And Consumer Law (If You Deal With Consumers)
If you’re selling to consumers (rather than only businesses), New Zealand consumer laws may apply - including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
These laws can impact how you describe your services, what you promise, and what happens if something isn’t delivered with reasonable care and skill or isn’t fit for purpose.
This doesn’t mean clients can demand refunds for “change of mind” in every situation, but it does mean you should be careful about:
- What you advertise and promise (avoid overpromising timelines)
- Clear communication of what’s included
- Documenting approvals and changes
Portfolio Use And Social Media Posting
Most artists want to post finished commissions in their portfolio or on Instagram - and most clients are fine with that. But some clients (especially businesses, or private individuals) may want confidentiality.
Your agreement should cover:
- Whether you can display the work in your portfolio and on social media
- Whether you can show work-in-progress
- Embargo periods (e.g. “you can post after the product launch”)
- Whether the client can use your images for their own marketing (and whether credit is required)
If you collect or publish personal information as part of the commission (like the client’s name, a photo reference, or a story behind the piece), you also need to think about privacy obligations and consent.
Privacy And Reference Materials
Commission work often involves the client providing reference photos, personal details, or sensitive information (especially for memorial pieces, family portraits, or health-related content).
If you store client info, take payments online, or keep reference images, you should handle that data carefully under the Privacy Act 2020. Many artists formalise this with a Privacy Policy (particularly if they take commissions through a website, Etsy store, or online form).
What Happens If There’s A Dispute?
No one starts a commission expecting conflict. Still, it’s smart to set a simple process for resolving issues, like:
- Good-faith negotiation first
- A requirement that complaints are raised within a certain timeframe
- Which country’s laws apply (especially if you work with overseas clients)
This isn’t about being “legalistic” - it’s about giving both sides a clear path to resolve problems without blowing up the relationship.
How Do You Use A Commission Agreement In Real Life (Without Scaring Clients Off)?
A lot of artists worry that a contract will feel too formal, or that it’ll kill the vibe.
In reality, most clients feel more comfortable when you have a clear and professional process. It signals you’re reliable, you’ve done this before, and you take the project seriously.
Here are a few practical ways to make your commission agreement easy to use:
Send It Early (Before You Start Work)
The best time to introduce your agreement is right after the client says “yes” - and before you start sketching. If you wait until later, it can feel like you’re changing the rules halfway through.
Use Plain-English Terms
Your agreement should match how you actually work. Avoid dense clauses that don’t apply to your process, and focus on what matters: scope, timeline, payments, revisions, and rights.
If you do ongoing creative work for businesses, you might eventually move toward broader business terms (for example, for repeat illustration/design clients). Many creatives use a consistent set of Business Terms and attach project-specific details each time.
Keep Key Terms In The Email Too
Even with a contract, it’s helpful to restate the essentials in your email or invoice:
- Total price and deposit amount
- What the client is approving (and by when)
- Expected delivery date
This reduces misunderstandings and creates a clean record if there’s a dispute later.
Don’t DIY The Legal Bits If The Job Is High-Stakes
For small, low-risk commissions, a well-prepared standard agreement may be enough.
But if you’re doing a high-value project, a commercial licensing deal, or anything tied to a brand launch, it’s worth getting the agreement properly drafted or reviewed. Generic templates often miss the exact details that protect artists - especially around IP rights, licensing scope, and what happens if the client uses the work beyond what was agreed.
Key Takeaways
- A commission agreement is a practical way to set expectations, reduce disputes, and protect your income and creative work from day one.
- Your agreement should clearly cover scope, deliverables, timeline, milestones, payment terms, and how revisions and changes are handled.
- Copyright usually stays with the artist unless you agree otherwise, so your contract should spell out whether the client is getting a licence to use the work or a full assignment of ownership.
- Clauses around cancellation, kill fees, portfolio use, confidentiality, and dispute handling are often the difference between a smooth project and a stressful one.
- If you collect reference photos or personal details from clients, you should handle that information carefully and consider having a Privacy Policy in place, especially if you take commissions online.
- For higher-value or commercial projects, getting a lawyer to draft or review your commission agreement can help you avoid accidentally giving away rights or leaving money on the table.
If you’d like help putting a commission agreement in place (or getting your existing terms reviewed), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
