Sample Terms & Conditions for Custom Pet Portraits
1. The Artwork: Collector is commissioning Artist Lotti Brown to create a custom pet portrait as agreed.
2. The Concept: The Artist will create the artwork described above.
3. Indemnity: The Collector certifies that they have the right to supply the source photos to the Artist and grants the Artist an indefinite and irrevocable licence to use, copy and display the photos. The Collector agrees to indemnify the Artist against all costs incurred against the Artist by any person claiming to hold the copyrights of photos supplied to the Artist or for any uses for which no release was requested in writing or for uses that exceed authority granted by a release.
The Collector expressly agrees that it will hold The Artist harmless for all liability caused by The Collector’s use of the artwork to the extent such use infringes on the rights of others.
4. Payment Schedule: A non-refundable deposit of 50% is required before artwork commences. The remaining 50% payment is due in full before delivery of artwork. You will get a chance to see and approve a digital image of the final piece before you pay the final instalment. Please be aware that printed colours on the final art print may differ from colours seen on a computer monitor.
Payments will be made through PayPal only.
5. Payment Amount: The Artist and Collector agree upon the price discussed. Collector will pay any taxes or custom duties due.
6. Copyright and Ownership of Artwork: Artist retains the copyright to all works commissioned by Collector that was created by the Artist, including all reproduction rights and the right to claim statutory copyright. No artwork may be reproduced or altered without the written consent of the Artist.
Upon receipt of the final payment, the Artist grants an exclusive license to the Collector to use the artwork. The Artist reserves the right to display the work in a portfolio, website and to use the work for promotional purposes.
7. Warrant of Originality: The Artist warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through The Collector from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that The Artist has full authority to make this agreement; and that the work prepared by or used by The Artist does not contain any scandalous, libelous, or unlawful matter.
8. Project Time Frame: The anticipated project time frame is XX weeks. Payment of the non-refundable deposit is required prior to project start. The anticipated time frame is an estimate only based on the expectation of receiving next day responses from the Collector when feedback, approval, or payment is requested. Any delay in response may extend the project time frame by more than the original delay.
The Artist cannot guarantee delivery of the artwork by a specific date and no arrangements should be made by the Collector based on the expectation of receiving the artwork by a specific date.
9. Changes: Any requested additions, alternations, additional information provided, changes to concept or direction once the project has been started may alter the time frame and payment amount.
10. File Modifications: The Artist will not work with any client-modified versions of the artwork or any examples of the Artist’s work.
11. Right of Refusal: In the event that the Collector does not wish to pay the final payment for the commissioned artwork, the Collector may refuse. In that case, the Artist will retain the refused artwork and the non-refundable deposit. This is free of any claims or interests of the Collector and the Collector will not owe any additional fees to the Artist. Ownership of the artwork, including all copyrights, concepts, and original work shall be retained by the Artist and the Artist is free to sell or make reproduction prints of the refused artwork.
In the case of lack of response from the Collector to the Artist’s request for approval or final payment, the Artist will assume that the Collector has refused the Artwork 30 days after the request was made.
12. Returns: As a custom-created piece, the Artist cannot accept cancellations or returns unless the print, mount or frame itself is in some way defective. Any returns on faulty products are restricted to the cost of the print/mount/frame only.
The Artist will be considered in default if they fail to complete the project by providing the artwork as defined in the proposal.
The Collector will be in default if they fail to provide requested feedback within 5 business days, unless arrangements have been made otherwise, or fail to pay according to the Payment Schedule.
Either party may terminate this agreement if the other party is in default and has failed to correct the default within 30 days after written notice of the default and intent to terminate by the non-defaulting party.
14. Non-Defaulting Termination
In the event of termination of this assignment by The Collector for reasons unrelated to default on the part of either party, ownership of the artwork, including all copyrights, concepts, and original work shall be retained by The Artist.
15. Limitation of Liability: The Collector agrees that it shall not hold The Artist liable for any incidental or consequential damages that arise from The Artist’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of The Artist or The Collector or any third party.
16. Acceptance of Terms: By the payment and receipt of the initial payment, The Collector and The Artist signify that they agree to the terms contained within this document and intend to be bound hereby.