Exhibition Payment Guide | ©Mr Daniel M. Fisher | Making Some Description of a Proposal.

Researching the organisations you intend to approach is the most crucial step to creating a successful proposal, so before putting a proposal together… research, research, research! In context try to engage with an organisation’s remit to find the best fit for your project as distinct types of organisations have different approaches to programming and exhibition payment guides. Are they large, mid-scale or small? A festival, publicly funded or local authority venue? A commercial gallery or an artist-led space?

In making a speculative proposal or responding to an open call you should find out as much as possible about an organisation’s artistic direction and programme themes. Visit and attend events to learn how an organisation works and who its audience is. Use its website. Look at past exhibitions and events, social media, artistic policy, and the organisation’s vision to give you a sense of whether your proposed project will fit in.

Organisational Awareness does not just mean you're good at multitasking, there is also the possibility that you really know and care about what you are doing.

Consider the focus of the organisation you are making a proposal to, does it work with emerging, mid-career, or established artists with an international exhibiting record? Is it committed to commissioning new work, promoting regionally based artists or does it show a preference for group or solo projects? Artist-led spaces may collaborate with a close peer group that reflects its own ethos or may be incredibly open to proposals from a broad range of artists.

For a speculative proposal you need to research the best ways to contact the organisation, and understand how receptive it is to receiving proposals, because by understanding these differences you will save time in an exhibition payment guide. There is little point pitching to an organisation whose remit is not aligned with your career stage, work, or type of project, so consider the timescale when researching and giving a proposal. Some arts organisations outline a procedure for receiving proposals on their website – they may be open to receiving submissions all year round or may have specific deadlines. A few galleries run annual open submission programmes. Larger organisations may review applications infrequently or only once a year, which can effect on the scheduling of your proposed project. In the proposal the six key things to include are:

A description of the proposed work.

An estimate of the space needed to show.

A biography or CV of the artist/s involved.

Links to a portfolio, or images of relevant or recent work.

An itemised budget.

The proposed work.

Within the opening four sentences of your proposal, you should clearly and concisely state:

The kind of activity you are proposing (e.g. a solo or group show, or an evening of performances).

Who will be involved.

The duration of the project.

Why your project is important.

Adult Social Skills require us to think laterally on in life, here we all are naturally talented at our chosen approach.

Be as concise with your opening description as possible with the exhibition payment guide and go into more detail with the rest of your application. Don’t expect the reader to work through pages of information before discovering what you want to propose, because the length of your application should reflect the scale of your project; proposing a talk between an artist and critic can be a short and snappy proposal, whilst a large international group exhibition will require more justification in the rationale for staging and selecting artists. Consider the benefits of your proposed activity. Does it draw on the local context or build upon existing themes within its programme? Will it bring a new audience to the venue?

It is not essential to achieve all these things but showing an understanding of the organisation’s remit and how, and why, your project might benefit it could increase your chance of success. Your proposal should reflect the size and scale of exhibition space so consider the physical space available, and how much space you realistically need. If it is a proposal for an event, consider how it will work within the context of what else is programmed for the space, making sure you edit CVs to reflect the activity that you are proposing. Include work experience only if it is relevant to your project.

Ensure that your images are of the best quality possible. High definition is good, but having a well-lit, suitably cropped photo is much more important. Your images should be a suitable size to fit in an email or be small enough to download quickly, and if you are sending several attachments remember to label them all clearly.

Getting down to business as an artist can be immensely rewarding when all you do all day is create beauty for other people to enjoy.

• Commission agreements

As no two commissions are the same and because of the growing financial value and complexity of many commissions, a specially designed contract will be needed in most cases.

• Who are the parties to the agreement?

The parties to the agreement will usually be the artist and the commissioner but may also include other parties such as a public art agency or funder. The agreement should include the name, address, and contact telephone numbers of all parties. All parties should notify the other parties at once on a change of address or contact number.

• Which of the following individuals/groups will be involved in the production and installation of the commission?

Funders, site-owner/developer, site contractors, architect and/or design team, project manager, subcontractors and specialist suppliers, artist’s assistants.

The role and function of each party and others involved in the commission must be clarified and understood by all parties.

The site-owner or developer is often the commissioner of the artwork and will tend to own the site for which the work is to be commissioned.

Site contractors, usually a building or construction firm, will often oversee landscaping, foundations, or other preparatory works for the commission and/or installing the work with the aid of the artist.

An architect will be appointed by the site owner/developer to produce designs for the overall project and will supervise the completion of the works by the contractors and others working on the project including artists working on commissions. Increasingly, artists are being invited to collaborate with the design team at an early stage in the design process of the site or building.

In such cases it is advisable to outline in detail the roles and relationships of the artist and all working in the design team, so together with a schedule of services explain the scope of activity and advise on what is expected from each team member at each stage of the commissioning process.

• Will a public art agency, public art consultant, dealer, or gallery be involved in the commission?

Public art agencies and consultants are usually employed and paid by the commissioner to advise on the choice of artists and to oversee completion and installation of the work on the commissioner’s behalf.

However the extent of their responsibilities needs to be clarified at the earliest stage to name what, if any, matters must be approved by the commissioner, for example to accept the designs or the commission itself.

• Will the artist’s contract be direct with the commissioner or will the artist work as a nominated subcontractor?

Working as a contractor, being nominated by the developer as responsible for conducting the commission is not advisable since it requires complex contractual documentation, often involving performance bonds, indemnities, and insurance cover.

As a nominated subcontractor, the artist would have a contract with the main site contractor who would then supervise and paying the artist.

• Who will subcontract aspects of the production of the work?

More contracts/letters will be needed between the artist and any of his/her subcontractors appointed by the artist and used to manufacture various components or stages of the artwork.

Any guarantees that the artist gives the commissioner, such as defects periods, should be duplicated in the agreement between the artist and his/her subcontractors/fabricators. The artist should also make clear arrangements with his/her subcontractors on how stages of the manufacture of the work will be signed off.

• How can the work be best described?

The agreement must clearly show the work to be commissioned by providing as much detail about the proposed work as possible including the theme/subject matter, material or medium, approximate size, location, method of fabrication, lighting, structural/environmental requirements, and any other specific requirements.

These details are usually detailed in a schedule attached to the agreement. It is helpful to show which elements of the work may change as fabrication continues for example colour and/or dimensions and to specify any elements that the artist considers to be integral, for example plinth, access, etc.

• In what format will the preliminary designs be sent to the commissioner?

Depending upon the nature of the proposed work, the preliminary designs may take several forms (model, maquette, drawings, computer-generated image).

• What is the deadline for delivery of the preliminary designs or is this flexible?

• How many times can the commissioner request changes to the designs within the agreed fee?

The agreement may say the maximum number of changes to the design or further designs that the commissioner can request for the agreed fee before more payment is needed.

• How many stages will there be to the design process?

In the case of large-scale public and more complex commissions there can be more than one stage in the design process. Acceptance of the first designs can then be followed by a detailed design process during which the feasibility and costs of the first designs are explored more fully.

For large-scale commissions, this design process is equivalent to concept design, design development, and implementation.

For each stage in the design process, details of payment, number of changes to the design and issues of acceptance/rejection should be clearly outlined.

• Will the artist be expected to take part in any public consultation on the proposed designs?

Particularly in the case of large-scale commissions, artists can be expected to take part in public events to discuss the proposals or in exhibitions of the proposed designs. Any such activities and associated fees should be outlined in the schedule.

• Can the commissioner view the work at any time during its fabrication?

•What is the completion deadline of the work?

• Who will decide when the work is complete?

It is usually the artist who will decide when the work is complete, and the agreement should ensure that the commissioner cannot reject the final work if it is agreed in the designs. If the commissioner does not like the final work, they are at liberty to end the agreement but would then have to pay the artist for work done.

• How will formal acceptance of the work be proven?

• If the Work is not made on site, what is the date for delivery of the work?

• For works created off site, who will manage arranging the delivery of the work?

• For works created off site, who will pay for the costs of delivery and insurance during transit?

• What, if any, penalties will the artist incur for late delivery of the work?

• For works created off site, who will oversee inspecting the work on arrival to check for damage during transit?

• For temporary works, who will oversee arranging and paying for de-installation, insurance and return transport?

• Who will manage conducting any preparatory site works?

The commissioner is usually responsible for preparatory site works. The necessary site works should be documented in the schedule, together with the intended timing to ensure that the site is ready for the installation of the work and for example, that any foundations have had time to harden.

• Will a structural engineer be needed to check that the proposed site works are adequate for the proposed work?

• Will the site works be signed off?

• If the work is not made on site, what is the date for the installation of the work?

• Between what times will the artist have access to the site to make or install the work?

• Who will manage arranging all necessary planning consents and approvals?

The commissioner is usually responsible for ensuring that all necessary planning consents and approvals of any statutory authority and the site owner are obtained in suitable time for the siting and installation of the work. The commissioner will also usually oversee associated costs. The planning application process can take a long time, and applications should be sent well in advance of proposed installation dates.

• Who will ensure that all necessary health & safety procedures are being followed?

• Who will install the work?

It is usual to allow the artist or commissioner to supervise the installation. The schedule should include detailed information on how the work should be installed and any preparatory site works that may be needed.

• Who will pay for the costs of installing the work?

• Who will pay for the costs of making good the area around the installed work?

• Who will pay for storage of the work if, once complete, it cannot be installed as timetabled?

• What is the total value of the commission fee?

Commission fees are subject to income tax and should be included on the annual tax return as self-employed income. Artists should give an invoice for each instalment of the fee and any queries on tax deductions should be raised with the commissioner, agency, or project manager.

If preliminary designs are needed, a non-refundable Design Fee should be paid even if the work does not go ahead to a full commission.

• Is the commission fee inclusive or exclusive of VAT?

• Does the commission fee include cost of materials?

• Does the commission fee cover cost of delivery of the work to the site?

• Does the commission fee cover cost of installation of the work?

• Does the commission fee cover cost of any related ancillary work, for example lighting or landscaping?

• When will the commission fee be paid to the artist?

Commission fees are often broken down into several staged payments. The agreement should clearly outline the timetable and amounts of each payment. It is common for instalments to fall due on the signing of the agreement, on approval of designs, on approval of installed work, with a final amount held back by the commissioner for a limited period against hidden defects. The amount of each payment will not necessarily be equal.

• Will the artist be paid any added fees if the commissioning schedule must be extended due to unforeseen delays?

• Will the artist be paid any added fees if the commissioner changes the brief?

If the commissioner changes the brief or specification for the work unilaterally after the commission starts, the artist should reserve the right to increase fees commensurately.

• Will the artist be reimbursed for any other expenses relating to the commission?

It is usual for artists to be reimbursed for travel costs to attend meetings and other incidental expenses. Artists will normally be asked to send expenses claims together with original receipts.

• Who will own any maquettes or preliminary designs?

Public art agencies are sometimes keen to have ownership of the preliminary designs for exhibition and promotional purposes.

• When will ownership of the work transfer to the commissioner?

In most cases, ownership of the installed work will be transferred to the commissioner on payment of the final instalment of the fee. Transfer of ownership must be said within the agreement otherwise ownership of the work will remain with the artist.

Once an artist ceases to own the work the law says that: Unless the parties have agreed otherwise the creator will have no control or say over the siting, maintenance, or condition of the work, so these matters must be covered, specifically in the contract.

• Who will obtain adequate insurance cover for each stage in the commissioning process and to what level of indemnity.

Artists working off-site during the production of the work will need an all-risks insurance policy to cover physical loss or damage to the work until it is finished and delivered on site. For example, if there is a fire in the artist’s studio and the work is destroyed. If the work is made on site or once it is delivered on site, the commissioner will be expected to take out permanent all-risks cover.

Liability cover is needed against damage or injury to property or persons when the work is being produced either in the artist’s studio or on site, and when the work is being installed. The level of indemnity may vary during the commissioning process. For example, a higher level will be needed when the artist is working on site than when they are working in the studio.

The artist should arrange personal accident or injury insurance to cover themselves and anyone helping them because employer’s liability insurance will only cover the artist if anyone that they are employing to aid with the project is injured whilst working for the artist. So the commissioner may wish to include an indemnity clause protecting them from any loss or damage from the artist’s negligence or wilful acts of omission.

• Is there a guarantee that the work will be original?

For commissioned work, the agreement often says that the artist guarantees that the work will be original and will not infringe copyright or other rights belonging to any third party.

• Will the artist be liable to repair or reinstate the completed work, if a fault or defect appears within the defect period?

Most agreements include a defects period, often 6-12 months at once following installation, during which the artist agrees to do any necessary repairs at the artist’s cost. Unless the agreement defines the artist’s liability in this way, artists can be liable for an indefinite period if the workmanship or materials prove defective.

• Will the artist have the first possibility of repairing the work if it becomes damaged after the defects period?

• Will the artist be notified if the work is moved or sold?  

• Will the artist be notified in advance of any proposed alteration to the site?

Ideally the artist should be notified of any proposed alteration to the site that would affect the intended character and appearance of the work.

• If the work is ephemeral in nature or created by the artist to deteriorate over time who will have the authority to declare that the work should be removed from the site and who will manage the associated costs?

• Who will own the copyright in the commissioned work, maquettes, and preliminary drawings?

Copyright in all work produced should remain with the artist.

• Is the commissioned work or a part of it capable of industrial application, for example a design for seating or lighting?

For functional and aesthetic designs capable of industrial application, design right comes into existence automatically when the design is made. Unlike copyright, the commissioner, not the artist is the first owner of the design right, unless this is otherwise agreed and written into the agreement.

• How will the work be credited?

The commissioner is usually responsible for arranging signage of the work using wording agreed with the artist.

• Will the artist assert their right of paternity?

This requires the artist to be identified as the creator of the work whenever a reproduction of it is shown or issued to the public. This right must be asserted in writing unless the artist is named on the work itself, or on the frame mount or plinth, in which case assertion is automatic.

• The artist’s right of integrity is automatic

The right of integrity enables artists to have some control over their work and the way it is displayed after it is sold or out of the artist’s possession, regardless of whether the artist owns the copyright. The law cannot prevent destruction of a work nor re-siting of a site-specific work, but it will allow the artist to have their name removed from distorted or mutilated works if the honour or reputation of the artist is put at risk.

• How can the agreement be changed once signed?

All changes or modifications are made in writing and signed by both parties.

• Which country’s governing law will apply to the commission’s agreement?

If either of the parties is not a UK resident or an organisation based in the UK, the agreement will need to specify which country’s law will govern the agreement.

• What will happen if there is a dispute over the contract that none of the parties can agree on?

If there is a dispute about aesthetic or design-related matters, it is usual to allow these to be resolved by an independent expert.

• Under what conditions can the commission agreement be ended?

The agreement should define as far as possible the circumstances under which either party can end the contract. The contract can be ended by either party if the other party breaches any of the agreed terms of the contract. Often the commissioner can end the agreement if they do not accept the design or later decides not to go ahead with the work.

• If the commissioner ends the contract other than for breach of contract by the artist, how much will the artist be paid?

To ensure that the artist at least gets a fair reward for the work done up to the time of cancellation, the agreement should specify what fees are payable to the artist if the commissioner decides not to accept the designs or not to continue with the work. As other circumstances can arise beyond the control of the commissioner that prevent the continuation of the commission.

• If the artist voluntarily ends the contract how much will the artist be paid?

If the artist voluntarily stops the contract they will be in breach of contract and will usually not be paid any further fees and may have to return any fees that were paid in advance for work not yet completed.

• If the agreement is ended who will own the copyright and have the legal ownership in the unfinished work?

If for any the commission ends the artist should continue (unless the artist dies or cannot finish the work due to illness) to own the copyright and have the legal ownership in the unfinished work and have the sole right to complete, show, or sell the work.

• What will happen to the work of the artist dies or is incapacitated through illness?

The agreement will automatically end on the death or incapacity of the artist. The artist or his/her estate will then receive all payments due up to the date of death or incapacity and the commissioner may keep the work in progress and any preliminary designs only for the purpose of completing the work using an artist that is acceptable to his or her artist estate.

• Can the contract be stopped due to circumstances that are beyond the party’s control?

Neither artist nor commissioner are usually treated as being in default of the agreement if any delay in completing the work is due to any cause beyond their reasonable control. For example, extreme weather conditions, or outbreak of war.

• Who should sign the commission agreement?

The agreement should be dated and signed in duplicate by each party. The commissioner may grant its agent the authority to sign the agreement on the commissioner’s behalf.

-Created Using References and Quotes along with AI.

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