Quoting for Fused Glass Commissions

When quoting on a fused glass commission, what are all the factors to consider?

Commission for Glasgow University

Quote the same way as for leaded or copper foil.  But if you don’t work in those forms, that statement will not be much help.

The elements to consider are:

·        Design time and value (making sure you retain the copyright of the design).

·        Amount of time to assemble. You need to think clearly about how long it really takes.  You need to be charging a reasonable amount for your time. Think about skilled trades people’s charges and that you have additional artistic skills.

·        Amount of glass to be purchased (rather than used) to make the piece, even if much is from stock – you must replace it after all.

·        Number and cost of kiln firings.  Be clear about how many firings might be required, if something does not work out first time.  Be clear about how much each firing costs including depreciation on the kiln.

·        Incidental supplies.  All the little things that are necessary to supply your practice, such as art materials, kiln supplies, etc.

·        Overheads. This is the cost to run your practice.  If the studio is part of the home premises, add a proportion of the running expenses of the house to the cost.  The cost of business - advertising, promotion, printing, etc., all need to be included.

·        Profit. You do need to make a profit to stay in business. Decide what that is and add that percentage to the cost.

·        Allowance for contingencies (20% of the price already determined is usual).

·        Delivery/installation costs (normally in addition to the cost of design and making).

It is advisable to find out what the client’s budget for the commission is before starting any designing.  If it is too small for their specification, decline the commission.  Otherwise, you can design to the budget.  A large budget allows expansive or highly detailed works.  A small budget restricts the size or detail possible.

Some people charge more for a commission. Some, like me charge less, as I am getting most of the money up front, rather than maybe sometime in the future.  Cash is important.

Some artists take 1/3 to make the design, 1/3 on approval of design, and final 1/3 on completion. This is widely used in the interior design field. You may want to consider requiring a non-refundable deposit of one third to make a start and the remaining two thirds on completion as an alternative. 

A contract of some sort is essential.  It needs to cover the expectations of both parties.  Cost, of course.  When is it to be completed? Requests for colours, shapes, location, style, etc.  If the client wants approval at various stages, you need to either state what these stages are, or more sensibly, decline the commission. 

The contract does not have to be legalistic.  It can be a letter stating the terms of the commission that is sent by you to the client and acknowledged by them.

Determining the price for a commission requires consideration of the costs of time and materials, and the values of what you do.  A contract of some sort is required. It can be a simple letter with a statement of the agreed conditions.

Approaching a Gallery

Images of WorkMake sure that you have good quality images taken of your work (35mm transparencies, digital images for CDs or email), after all, you will be competing with practitioners that have been in business for years and are firmly established as leading national and international designers. Sending poor images/presentations reflects very badly on your approach and your work.

Invest in a professional portfolio filled to the brim with beautifully laid out colour photography on a black background. Don’t walk into the gallery with a handful of snapshots.

Sending Biography and VisualsSend general descriptive information about yourself and your work to the gallery first. Then follow this up with a telephone call. Find out the contact name you need for the relevant department within the gallery. If you send something with no contact name your presentation can sit in a pending tray for months! Contact as many galleries as you can handle, rather than waiting for a reply from the first one on your list.

Research and Make Appointments
Don’t just turn up at a gallery with your work. Galleries plan their exhibition schedule at least two years in advance. They are busy most days with artists and dealing with clients so it is always best to make an appointment first.

Pop in regularly to your local galleries, or research on the internet, to get an idea of the kind of designers they display, and the style and quality of work on show.

Keep in TouchContemporary galleries are always looking for new original designers for their exhibition programme, so update the gallery regularly by sending emails, transparencies and CD (with images).

It is especially important that the gallery can see how serious you are about your work, how it develops in style and that you are still exhibiting and producing work 2-5 years later. Make sure your work is unique and difficult to duplicate. Keep your own designs and patterns dated and own the copyright to them.

Don’t give up. There's someone out there who will like your work. When you find gallery owners who are crazy about your work, stick with them.

When you have an offer of a show
Watch the papers for announcements of other openings at the gallery to see how well each opening is advertised. Ask around the arts community to see how well known the gallery and its owner are.

Check on the gallery/artist percentage agreement when calling each gallery. Your price to the public must be calculated based on this. Charge what the work is worth!

Check around with other artists represented by the gallery, asking them about promptness of payment by the gallery.

Be businesslike in all dealings.Prepare a contract, if the gallery does not have one, to cover mutual expectations. It should include who does what, e.g., mounting of the work, invitations to the opening, opening night, payment terms, artist’s residual and resale rights, etc.

Don’t be a pain to the gallery owner. Don’t pester. If you have to be anxious about the show, do it privately.

Enjoy the opening night!

The Exhibition Agreement

In the world of visual arts, it may sometimes be thought that formal agreements are unnecessary because they might restrain the creative processes or indicate a lack of trust.

But conversations in which important things are decided are open to interpretation or misunderstanding unless they are formally recorded. Although in theory a verbal agreement may be legally enforceable, in practice it cannot be relied on because of problems of evidence. The advantages of having a signed written contract will usually easily outweigh the risks of not having one. A contract can be drawn up by either an artist or an exhibition organiser.

The following checklist takes the form of a number of headings that both artist and exhibition organiser need to consider and negotiate around whilst they plan the exhibition. In this way, the checklist can act as a comparison to any document provided by the gallery itself, and to identify the areas where specific negotiation needs to take place.

The checklist
1. Who are the parties to the exhibition agreement?
2. What is the purpose of this agreement - to hold an exhibition showing of particular works, so list them in an appendix.
3. What is the nature, scope and intention of the exhibition?
4. Where will the exhibition be shown?
5. When will the exhibition be open to the public?
6. When will the preview take place?
7. Will the exhibition tour?
8. Who will deliver the works to the venue and return them afterwards to the artist?
9. Who is installing and de-installing the exhibition?
10. Who is taking care of loss, damage and insurance?
11. How will works for exhibition be selected?
12. Publicity and promotion
13. What fees and expenses are due to be paid?
14. Will work be for sale?
15. Copyright and reproduction rights
16. Moral rights
17. Who owns the work?
18. Who is sponsoring the exhibition?
19. Governing law - what jurisdiction
20. Force Majeure
21. Can you change the agreement?
22. Whole agreement?
23. Appendices - The List of works and Tour schedule form an integral part of the agreement.
24. How can the agreement be terminated?
25. When should it be signed?

The full version of this checklist is at Artists' Newsletter

Consultation and Design Fees

Consultation and design fees can be difficult to calculate and ask for, but you are trying to make a living. When you call your accountant or lawyer for advice the clock starts ticking as soon as they start listening. You should not be a whole lot different.

Establish at the beginning that the project includes a specified number of hours of planning/survey/meetings, of agency management, and of creative work. Other things may be added as the project requires. Also establish that exceeding those hours by 10% (or 5% if it’s really big) will incur additional charges.

Once into the project give weekly updates on how much time has been used and the progress achieved. That way, if the client starts adding things or changing their minds, they understand the consequences. If they think it’s worth paying for, great. If not, take it off the table. You can always be generous and waive the extra fees, but giving clients that kind of choice saves a lot of resentment (and time) on both sides.

Consignment Agreements

Consignment (Sale or Return) agreements are to protect both Artist and Gallery, and ensure each understands the other’s expectations. The agreement should relate to each item and include at least the following information:

• Artist’s name and address
• Gallery’s name and address
• Name and signature of the owner/manager of the gallery
• Title, medium, dimensions of the work(s), edition number
• Retail price
• Artist’s price
• The commission taken from the retail price

Additional information that is advisable to include:

• Each work is to be offered at the stated retail price. Any discounts shall be from the retail price, not the artist price.
• Each work sold should have a bill of sale copied to the Artist.
• The Gallery shall send to the Artist the stated retail price of each work less the stated commission, within a reasonable time after sale, and not less than 1 month after the sale. In the case of exhibitions the payment should be made not less than 1 month after the close of the exhibition.
• If a work is lost, damaged or destroyed during the period of the agreement, the Gallery must notify the Artist immediately and pay him/her the stated retail price, less the stated commission.
• Insurance of the work –a statement of when the Gallery’s insurance takes effect. The Gallery normally provides insurance upon receipt of the work(s) and signs a document to indicate safe receipt of the item.
• The Artist shall retain all rights in and title to the works until sale, at which point the title shall pass directly to the purchaser whose name and address the Gallery shall give to the Artist on written request.

Other posts on consignment:

Consignment

Consignment Agreements

Consignment Rates

Consignment Venues

Commission Agreement

A commission agreement protects the interest of the artist and the commissioner. The agreement is between the artist (with name and all contact details) and the commissioning person or agent (with name and all contact details). It forms a contract and should contain all relevant details. Among these should be:

• The name of the work.
• The work’s description, and a sketch of the intended work.
• A description of the materials, and an indication of the methods to be used.
• The total price of the commissioned work, divided into portions for:
  - The design, not returnable under any circumstances. Additional changes after the first completed design will incur additional costs (at a stated rate per day).
  - n agreed sum before the artist starts to execute the work.
  - A further sum when the artist gives the commissioner written notice that the work is two-thirds complete.
  - The final sum when the artist gives the commissioner written notice that the work is completed.
• Access to premises where work is to be carried out.
• The artist shall retain the copyright in the design and the work.
• Provision for the commissioner to terminate the agreement by giving written notice to the artist. The artist is then be entitled to retain and receive payment for work done up to the date of receipt of notice, and to retain all rights and title to the work.
  

The Bill or Contract of Sale

Although it is usually a good idea, the bill or contract of sale is under-used in transactions between artists and purchasers. It indicates the terms of the sale, whether conditional or unconditional, and protects the artist’s interests, especially where artists’ resale rights are in force.

The bill of sale must include:

• The date of sale
• The place of sale
• The title of the work
• The description of the work: medium, dimensions, size of edition, and other relevant information
• The name and address of the purchaser
• The artist’s name and address
• The purchase price
• The term of payment

The above sets out the date, the place, the purchase price and the terms of payment of this contract of sale of the mentioned art works. However, in order to protect the future existence and use of the work, the parties may further mutually agree:

• Originality: The artist vows that the work is his/her original and that s/he shall not produce a replica of it.
• Edition: If the work is one of an edition, the artist vouches that the size of edition shall not be increased after the date of the contract.
• Reproduction: The copyright in the work is retained by the artist, but the buyer may be entitled to permit the reproduction of the work in books, art magazines and exhibition catalogues.
• Care of the work: The buyer vows not intentionally to alter, damage or destroy the work during the time of ownership.
• Restoration: If the work is damaged, the buyer shall notify the artist and give the artist a reasonable opportunity to conduct, or supervise, the restoration of the work.
• Artist's exhibition: The buyer and artist may agree to the owner lending the work (e.g., once in every twelve months for a maximum period of six weeks) for the purpose of inclusion in a public exhibition of the artist's works. The artist must give the owner reasonable written notice of his intention. The artist must provide documentary evidence of insurance coverage and prepaid carriage to and from the exhibition. The artist must ensure that the exhibiting institution identifies the work as belonging to the buyer.
• Placement of work: If the buyer places the work with any person or institution for exhibition, re-sale, or any other purpose, the buyer shall immediately write to the artist stating where the work is placed. This is especially important in jurisdictions where artists’ resale rights exist.
• Addresses: Artist and buyer shall notify each other in writing immediately of any change of address.