Commission Agreement
A commissioned painting is one of the most special paintings I can make. I want you to come away with the beautiful finished piece you hoped for. My goal in accepting this commission is for the process to be both gratifying for me as an artist, and enjoyable for you in choosing to integrate my art into your living or working environment. To make that happen we need to make sure we cover all the important stuff before I start painting. Please read this agreement prior to commissioning your painting so there are no misunderstandings later on.
Commission Agreement
Copyright
The Artist retains the copyright to all Works commissioned by the Client that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. No work may be reproduced or altered without the prior written approval of the Artist. The Client has the right to take non-professional photographs of the Work to share socially, but may not benefit monetarily from this action, nor may the copyright of the Work be transferred from the Artist.
The Artist reserves the right to use reproductions of the Work to promote her artwork. This includes the right to display reproductions of the Work on the internet. Furthermore, the Artist retains the copyright to all sketches, studies, photographs, and the like produced in conjunction with the Work. The Client has the first opportunity to purchase such materials at a rate determined by the Artist, consistent with the comparable works by the Artist at the time of sale. Upon delivery of the Project, the Client waives this first opportunity.
Any use additional to that expressly granted above requires an amendment to this agreement and arrangement for payment of a separate fee.
Privacy
The Client gives the Artist permission to use the Client's first name, picture, portrait, and photograph in all forms and media and in all manners, including but not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Client's right to privacy or any other personal or proprietary rights the Client my possess in connection with reproduction and sale of the Work or any incidental works made in conjunction with the creation of the Work.
The Artist will not sell, distribute, or lease the Client’s personal information to third parties.
Payment
Payment must be made in full prior to the creation on the Work. Upon completion of the Work, the Artist will email the Client a photograph of the completed Work for the Client’s approval. At this time, the Client may refuse the artwork.
Lead Time
After the purchase of a portrait the Client will be added to a waiting list and lead time will depend on the number of other portraits booked. The Artist will provide an estimated completion date.
Shipping
The Client agrees to pay all shipping and delivery costs. The Artist is not responsible for the Work being delayed in transit following the Artist’s shipment of the Work. The Artist will ship the Work securely with a tracking number to the address provided by the Client.
Payment of import duty, Value Added Tax, or any international fees will be the sole responsibility of the Client.
Damage in Transit
The Artist will be responsible for packaging the Work securely. If damage occurs during transit the Client must notify the Artist immediately. The Client will cover shipping costs and return the Work to the Artist. A new Work will be completed by the Artist at no cost. The new Work will be added to the client waiting list.
Non-Disparagement
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Cancellations
Clients have a 7-day money back guarantee from the date of purchasing the Work to cancel the order. Cancellations must be made by email. Upon cancellation clients will lose their place on the Artist’s waiting list.
If clients cancel their order after 7 days have passed, the payment amount will be retained by the Artist to cover the artist’s time, administration, emails, mock-ups, payment fees.
If the client cancels the Work after painting has commenced, all payments will be retained by the Artist to cover the artist time, administration, and materials used.
Changes and Rejection of a Finished Portrait
After the work has been completed, and the Client does not wish to purchase the Work, the Client may refuse the Work. In that case, the Artist will retain the refused Work and the payment.
Upon receiving an approved Work, the Client has 7 days to contact the Artist about any required changes. If the Work needs to be altered in any way by the Artist, the Client must cover the necessary shipping charges both ways.
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I seek to meet and exceed my client’s expectations with every commission. This agreement is being put into place to support that goal and to provide us with a mutual understanding of the process that will result in a smooth experience for both parties. If you are unsure of any aspect of the agreement, please get in touch with me so I can answer your questions.
I am excited to work with you on this piece and create something beautiful that becomes a part of your life.
Creatively yours,
