Terms and Conditions

The Commissioning Agent’s approval

The Commissioning Agent will pay the Artist a non-refundable 25% deposit of the balance upon signing this agreement to secure the creation of their custom portrait/s.  Commissioning Agent has 3 days to request any changes to the Work via E-mail after receiving a photo of the completed portrait.  In the event that The Artist falls ill, or has a disability preventing the progress of the completion of The Work, the project can be extended for a maximum of 2 weeks and/ or to be discussed with the client.

Payments

The initial payment will be made to the Artist upon beginning the Work. Final payment is due upon completion of Work.  When the Work is complete the Artist will send the Commissioning Client a written notice of completion with a photo of the portrait/s and the amount due.

Delivery of Work, Insurance and Shipping

Date of dispatch of Work and estimated delivery date will be given to the Client upon completion.  The Artist is responsible for insurance of the work via post/shipping. At the completion of the Work, the Custom Portrait/s will be shipped via Australia/International Post.

Termination of the Work

If the Commissioning Agent does not approve of the completed work, the artist shall keep all payments made and the agreement shall terminate. In the event that the Client no longer wants their completed work for whatever reason, the remaining amount is not required to be payed and the Artist shall own the Work in whatever degree of completion and shall have the right to complete, exhibit, and sell the Work. The Artist may terminate this agreement in the event the Commissioning Agent is more than 20 days late in payment unless a payment plan has been arranged.  The completed artwork will not be shipped until full payment is received. The Commissioning Agent may terminate this agreement if the Artist fails without cause to complete the Work within the completion date stated herein. The Commissioning Agent may terminate this agreement in the event the illness of the Artist causes a delay of more than one month, or if events beyond the Artist’s control cause a delay of more than 2 weeks of the completion date provided. The Artist shall retain all payments made pursuant to the above. Termination of any agreement will be made in writing.

Ownership, Copyright and Privacy

Title of the Work remains with the Artist until the Artist is paid in full.  If the Artist terminates this contract, the rights to the Work remain with the Artist, and the Work can be sold or exhibited. Upon a Commissioner Client’s termination of the contract the Artist reserves all rights of reproduction and all copyrights to the Work, the preliminary design, and any incidental work made in the creation of the Work. The Artist shall receive authorship credit in the event of any reproductions of the Work. The Commissioning Agent gives to the Artist permission to use the Commissioning Agent’s horse photo and portrait photograph for display, advertising, trade and editorial purposes, without violation of the Commissioning Agent’s right of privacy.

Alteration or Destruction

The Commissioning Agent agrees not to intentionally destroy, alter, modify, or change the Work in any way. If any alteration occurs after receipt by the Commissioning Client, the Work shall no longer be represented as the work of the Artist without the Artist’s written consent.  Shipment is insured and the Artist is not liable for any damages made to the Work after delivery and receival by Commissioning Agent such as during framing and handling.

Heirs and Non-assign-ability

This agreement is binding to all heirs, successors, assigns, and personal representatives, and the agreement covers these heirs, successors, assigns, and personal representatives.  Neither party has the right to assign this agreement without prior written consent of the other party.

Alterations, Waivers, Notices, and Change of Address

Any alterations to this agreement shall be made in writing.  The Commissioning Agent shall notify the Artist of any changes of address or change in the location of the Work delivery destination. The Artist shall also notify the Commissioning Agent of any changes of address.

By submitting my portrait order I acknowledge that I have read and agree with the terms in this agreement.