TERMS AND CONDITIONS FOR CUSTOM COMMISSIONED ARTWORK
A non-refundable deposit of 50% of the total price of the commission is required before the Artist begins the commission. The balance of payment, plus shipping fees (if applicable), are due within 30 days of notice of completion of the commission, prior to shipping, pick up, or delivery.
The Artist will consult with the Client on design, color palette, and subject/content before production begins. During production, the Artist may need to make changes as deemed necessary in the commission’s construction or design. The Artist will make all final decisions regarding the aesthetics of the commission.
It is the intent of the Artist to begin production of the final commission within 30 days of the first payment received, and to complete the commission within three months of the first payment received. However, this time schedule may be altered or amended in the sole discretion of the Artist.
SHIPPING AND INSTALLATION
The client can arrange to pick up the artwork from the artist’s studio at no additional charge.
If the Client desires the Artist to ship the the finished commission via a third party carrier, the cost of shipping and insurance will be billed with the final payment. If the Client refuses insurance, the Client shall bear the cost and risk of loss or damage.
If any special installation is required, the costs of such installation shall be the responsibility of the Client.
The Artist retains the copyright to the commission, preliminary designs, and any incidental works made in the creation of the commission, including all reproduction rights and the right to claim statutory copyright.
RIGHT OF REFUSAL
Prior to the client taking possession of the commission, in the event that the Client does not wish to purchase the commission, the Client may refuse. In that case, the Artist will retain the refused commission and the non-refundable deposit of 50% of the total purchase price.
The commission may not be returned, and no refunds will be given, once the Client takes possession of the artwork.
The Client agrees to indemnify the Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of enforcement of these terms.
RELEASE OF LIABILITY
Client agrees that it shall not hold the Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the commission in a timely manner, or for any injury or death resulting from the commission, regardless of whether such failure or injury was caused by negligent acts or omissions of the Artist or of any third party.
These terms shall be construed in accordance with, and governed by, the laws of the State of Virginia.