Terms and Conditions

Commission Requests

The Artist has the right to refuse any Commission without disclosing a reason.

The Artist has the right to reject any commission requests if the supplied reference images are not suitable as references. This will be discussed between the Artist and Client during their preliminary discussions.

Acceptance

It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions and pays the deposit for an artwork the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Scope of Work

The Artist and Client will agree to a brief which will entail the scope of work to be completed. Once payment is made for the deposit the brief will be considered accepted.

If changes are to be made after the brief is considered acceptable the Client may be subject to additional charges.

 Process and Timeline

After receiving references that the artists deems to be acceptable. The Artist will prepare a brief outlining the scope of work to be completed.

A 50% deposit is to be paid by the Client in acceptance of the brief.

Within 2 weeks of deposit payment the Artist will prepare a sketch of the proposed work, this will be digitally sent to the Client for approval.

If the Client is happy with the sketch the remaining balance of the agreed amount is to be paid to the Artist. Once payment is made in full, the sketch will be considered accepted and the Artist will proceed with the final artwork

Note: The Artist is prepared to make 1 round of changes to the sketch prior to acceptance. This does not include a change of reference image. No further changes to the sketch will be made once it has been deemed to be accepted by the Client.

Unless otherwise communicated by the Artist prior to payment, the final artwork will be completed within 2 weeks of the remaining balance being received.

The art work will then be posted to the Client or be available for collection from the Artist.

Commissions may be completed sooner than the specified timeframes depending on current workloads but cannot be guaranteed.

If the Client requires a faster turnaround, this is to be negotiated with the Artist prior to commencement and a rush fee may be applied.

Any unforeseen delays on behalf of the Artist will be communicated at the earliest possible time.

Rights to Work

 The Artist shall retain all copyright to the work completed. However upon the final payment and completion of work the Artist shall transfer ownership of the artwork to the Client.

The Client is not permitted to sell, redistribute or copy the work for any commercial purposes. The Client is allowed to share on social media.

The Client is not allowed to mislead or claim that anyone other than the artist is the creator of the work.

Payment

All payments will be accepted in AUD.

A 50% deposit will be taken as a deposit for the commission.

The remaining 50% will be invoiced once the sketch has been approved and signed-off by the client.

No work will be started until the relevant funds have been received; any delays in the outlined turnaround listed above due to delayed payments will not be attributed to the Artist.

Portfolio & Social Media Purposes

The Artist has the right to retain a digital copy of the work produced for the purposes of collating a portfolio and to share on social media for marketing purposes.

If the work is to be a gift or for any reason the Client does not want the work to be shared publicly this must be discussed and agreed to prior to commission acceptance.

Termination of Contract

If the Client wishes to terminate the commission agreement before completion the Client is subject to the following terms dependent on the progress of the commission.

If termination is requested before the sketch has been approved -  the deposit will be forfeited. However the Artist has the discretion to refund the deposit in part or full contingent on the amount of work completed. 

If termination is requested after the sketch has been approved and the remaining payments have been paid -  the Artist may issue a partial refund (50%) if no progress has been made on the painting. If work has been started the Artist will retain up to 85% of the total paid as compensation for loss of materials and time, the remaining funds will be refunded.

The artist has the right to terminate any commission agreement due to poor communication or rude/inappropriate behaviour with all initial deposits being non-refundable.

If at any point the client fails to respond to communication requests from the Artist for over a month (30 days), the contract will be considered void and all works will be paused. If the client wishes to re-engage the commission agreement, they will be subject to a restart fee of $20.00 

The timeline for completion will also restart from when the payment is received. Extended processing times may be applicable due to shifts in commission workload.

Return policy

Due to the nature of commissions no returns or change of mind will be accepted once the commission is completed. If you wish to terminate the commission early please see terms above.

Damages in Transit

The artist is not liable for damages incurred from third part couriers however If the painting should arrive damaged due to transit the Artist may request photo evidence before offering the following solutions:

-   Recreation of the painting at no additional cost, however, will be subject to processing times.

-   Or a full refund.