The Fine Print
Claire Marie Artist understands that commissioning an artwork can be a major financial and emotional commitment. Please take a moment to read through the terms and conditions below, presented not so much as a legal contract but more as a safety net for Claire Marie Artist and you, the Client. If you choose to commission an artwork, keep in mind that Claire Marie Artist and you - the Client - are just two human beings going on an artistic journey together that is ultimately much more than just a mere business transaction. I, Claire Marie Artist, give you my solemn promise that I will always act in good faith and true to my integrity as an artist, and as such expect no less from my clients.
The following terms and conditions apply to the commissions service provided by Claire Marie Artist to you, the Client. Please read these terms and conditions carefully. Any commission or use of services implies that you have read, understood and accepted these terms and conditions. Claire Marie Artist reserves the right to update or modify these terms and conditions as required.
Acceptance
It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions an artwork from Claire Marie Artist then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Price Quotations
Charges for services to be provided by Claire Marie Artist are defined in the price quotation that the Client will receive, upon request, via email. Quotations are valid for a period of 30 days. Claire Marie Artist reserves the right to alter or refuse to honour a quotation after expiry of the 30 days.
Additional Expenses
The Client agrees to reimburse Claire Marie Artist for any additional expenses incurred for the completion of the work. Examples of these instances would be postage and shipping charges, additional concept sketches, extra charges for significant alterations etc.
Photo Provision
Once your deposit is paid (see below), Claire Marie Artist will email you with an estimated start date and a request for source images. The Client will be required to provide suitable source images in digital format for the commission work to be produced. The Client must have permission to use such photographs and it is their responsibility to not breach any copyright laws. Claire Marie Artist reserves the right to refuse to utilise any images which may be in breach of copyright, or that violate her personal code of ethics. Claire Marie Artist may also use additional images of her choosing to enhance the composition of the final art work.
Artwork progress
Before work commences on a Client's artwork, Claire Marie Artist will email a digital image of a concept sketch for the Client's approval. The Client may request one revision of the concept sketch at no extra charge. After this initial revision, each additional concept sketch will cost $100, payable before the sketch is started.
Once the concept sketch is accepted, and work begins, Claire Marie Artist will provide photos of the progress of the artwork and an estimated completion date.
During this stage the Client may request up to three (3) minor alterations to the artwork. Any additional or major alterations will be quoted individually, starting at $500 per change.
Claire Marie Artist reserves the right to share “painting in progress” photos to social media unless the Client expresses this not to be done. If the Client wishes the artwork to not be revealed this must be negotiated BEFORE work commences. Once the artwork is complete Claire Marie Artist will email the Client a watermarked digital photo of the finished artwork. At this stage only very minor adjustments can be made at the discretion of the artist.
Copyright
Any artwork created remain the intellectual property of Claire Marie Artist, and Claire Marie Artist retains copyright to the artwork. Claire Marie Artist will publish images of the artwork on her website and social media pages, unless the Client negotiates an exclusivity agreement at the time of commission. Any such agreement will incur an additional cost starting at $500 and depending on the nature of the agreement.
The Client retains ownership of the artwork and Claire Marie Artist gives permission for them to share the artwork on their personal social media. At no stage is the client permitted to make any reproductions of the Artwork in any format, physical or digital and other than specified above, without the explicit written authority of Claire Marie Artist.
Deposit
Claire Marie Artist requires a 20% deposit from the Client to confirm a commission slot. This deposit is non refundable. However, for clients that act in good faith this deposit will be held as credit for future purchases from Claire Marie Artist. Claire Marie Artist reserves the right to determine if the client has acted in a manner that satisfies these conditions.
Payments
Invoices will be issued by Claire Marie Artist upon completion of the Artwork & before collection/delivery. Invoices are primarily sent via email. Payment in full is required within 7 days of the acceptance of the concept sketch. The artwork will not, under any circumstances, be started until full payment is made. If payment is not made in the timeframe specified, Claire Marie Artist reserves the right to move the date of commencement.
Claire Marie Artist will accept payment via instalments, and this can be arranged in consultation with Claire Marie Artist. The final installment must be received before painting begins.
Claire Marie Artist prefers payment via her website (Shopify) or PayPal, as these provide a level of protection and security for all parties. Bank transfer and cash payments will only be accepted under special, and individually negotiated, circumstances. Complete payment details will be organised via email once your initial depost is paid.
Termination of commission and refunds
The Client may request a termination of commission within 14 days of the final payment OR up to 14 days from the estimated start date of their artwork. Any requests outside of this timeframe will not be considered. As there is no consumer law protection for simply changing your mind, Claire Marie Artist reserves the right to only consider such requests under individual circumstances.
If a refund is granted, it will only be the amount that has been paid excluding the non-refundable deposit and any concept sketches provided at a cost of $100 each.
Claire Marie Artist reserves the right to retain any non-refundable deposits paid. However, for clients that act in good faith this deposit will be held as credit for future purchases from Claire Marie Artist. Claire Marie Artist reserves the right to determine if the client has acted in a manner that satisfies these conditions.
Claire Marie Artist reserves the right to terminate a commission without liability at any time. This may be due to illness or injury, forces outside of her control or an inability to agree with the Client on suitable source material or composition. If a commission is terminated by Claire Marie Artist, and the Client has acted in good faith, they will be entitled to a refund inclusive of all amounts paid.
However, if the commission is terminated by Claire Marie Artist due to the Client acting in a manner that is outside the bounds of what would be considered good faith, then the refund granted will only be the amount that has been paid excluding the non-refundable deposit and any concept sketches provided at a cost of $100 each. This would only happen in extreme circumstances, and after attempts to reconcile the situation.
Damage during shipping
All artworks that are shipped to the Client by Claire Marie Artist are insured. If your artwork arrives in a damaged state, the Client is required to take detailed photographs of the artwork, the packing materials and the damaged area and provide these to Claire Marie Artist within 7 days of receiving your artwork. This will allow an insurance claim to be filed and a resolution satisfactory to all parties to be negotiated.
Import Duties and Taxes
Artworks that are shipped to the Client by Claire Marie Artist may be subject to import duties and taxes in the Client's country. It is the responsibility of the Client to investigate if such additional fees are applicable and to pay such fees in full. At no time will Claire Marie Artist engage in any activities to attempt to circumvent such fees and charges. Any request to do so will result in an immediate cancellation of any order or arrangement without refund.
For more details on customs fees read the link below: