Terms and conditions for a portrait and commission artist

A commissioned portrait is judged by a customer with a strong personal view of the subject, from a photograph they took themselves. The terms have to make the brief and the reference images the basis of the work, get a sketch approved before the finished work begins, take a deposit that covers materials, explain why a commission cannot be cancelled once started, and keep the copyright with the artist. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Portrait painters, pet portrait artists, illustrators and commission artists in England and Wales taking commissions from individuals, families and businesses, working in any medium, and selling prints of their work alongside.

What matters in commission terms

The brief, the references and the customer's rights in them

The commission is defined by the written brief (subject, size, medium, style, background) and the reference images the customer supplies, and the terms should say that the artist works from those references, that their quality limits the result, and that the customer warrants they have the right to use the photographs and that anyone pictured has agreed. A photograph taken by a professional belongs to the photographer under the Copyright, Designs and Patents Act 1988, painting from it without permission can infringe that copyright, and the terms should make that the customer's responsibility.

Sketch approval and changes

The terms should provide for a sketch or composition approved in writing before the finished work begins, say that changes after approval are charged or not possible depending on the stage, and that the customer will be shown the finished work with a stated number of minor adjustments included. A customer who approved the sketch has approved the composition; likeness at the finished stage is the next paragraph.

Likeness, style and what is promised

The artist paints in their own style, and the terms should say that the customer has seen examples of it, that the artist will use reasonable skill and care to achieve a likeness from the references supplied, and that a portrait is an interpretation rather than a photograph. Under section 49 of the Consumer Rights Act 2015 the service must be performed with reasonable care and skill, and a work that reflects the references in the artist's known style meets that standard even if the customer sees the subject differently.

Deposits, cancellation and delivery

A deposit at commission covers materials and secures the slot, with the balance due on approval of the finished work before delivery, and the terms should say that work starts on the deposit. A commission is made to the customer's specification and is excluded from the fourteen-day cancellation right by regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once work has started, which the customer must be told before commissioning; before work starts, the terms should say what is refunded. Delivery, framing and insurance in transit should be stated.

Copyright, reproduction and the artist's use

Under the Copyright, Designs and Patents Act 1988 the artist owns the copyright in the work; the customer owns the physical piece. The terms should say that the customer may not reproduce or sell copies of the work, that the artist may photograph it and use images in a portfolio, on social media and, unless the customer objects at commission, as prints, and that a licence for the customer to reproduce it is a separate agreement. Business commissions for branding or publication need the reproduction rights priced in.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

The customer says the portrait does not look like their dog. What are they entitled to?

If they approved the sketch, the work reflects the references in your known style, and it was done with reasonable care, the terms say the commission is complete and the balance is due. The included minor adjustments are the goodwill; a repaint is not a right.

Can we sell prints of a commissioned portrait?

If the terms reserve the artist's copyright and the right to sell prints unless the customer objects at commission, yes. Some customers welcome it; some family portraits are private, and the terms should let the customer say so up front.

A customer sent a professional photograph as the reference. Is that a problem?

The photographer owns the copyright in the photograph, and the terms should make the customer responsible for having the right to use the references. Ask the customer to confirm it, and do not paint from a studio portrait without that confirmation.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for an art prints business
• Terms and conditions for a business selling made-to-order or personalised goods

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.