Definitions
ARTIST: the individual producing the commission. Jaymie Winstead is the Artist as it pertains to these terms of service.
CLIENT: The individual purchasing the commission.
COMMISSION: The form of service provided to the Client by the Artist.
COMMISSION AGREEMENT: The discussion, documented via email or messenger, in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work and, if applicable, the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Artists portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.
CLIENT: The individual purchasing the commission.
COMMISSION: The form of service provided to the Client by the Artist.
COMMISSION AGREEMENT: The discussion, documented via email or messenger, in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work and, if applicable, the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Artists portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.
i General
By commissioning the Artist, the Client agrees to all the terms of service presented on this page.
- Client must provide neat and clear references. A guide to references can be found HERE.
- The Artist has the right to decline a commission for any reason.
- Client must be respectful. Any rude behavior will not be tolerated and your commission will be canceled if it occurs.
ii Deposit & Payment
Artist will discuss prices with the Client prior to beginning the commission. Changes to the quoted price will be discussed with the Client should they occur. Changes to the quoted price generally will be due to requests for additional work by the Client.
- Quotes may be more or less than listed price. Artist has the right to decide the price for each individual commission.
- Deposit and Final payment are to be made via PayPal. An invoice will be sent to your email to be paid by a PayPal account, or credit or debit if Client does not have PayPal.
- Remaining payment is due once the work is completed and prior to pickup/mailing and will be requested in the same way as the Deposit.
iii Process, Delays & Deadlines
- Client may request progress shots at any time.
- All work in progress and final previews will be watermarked. Watermarks are not to be removed for any reason at any time prior to purchase of the commission.
- Time estimates are approximate and may be extended. Artist will always try to make an effort to keep the Client updated with progress or delays.
- If commission is time sensitive, Client is responsible for informing the Artist prior to start of commission. Artist has the right to decline the commission if she feels the deadline is unrealistic or unachievable for any reason.
- A rush fee may be applied to commissions which have a strict deadline.
- If the commission is defined as private in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client until such time as the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a commission without defining the timespan to eventually allow the Artist to publicly display the image. (Eg. Christmas. Birthday, anniversary gift which is requested to delay posting until after the gift is received).
iiii Copyright & Usage
- The Client is purchasing the Artists labor only. Artist holds the copyright to the work and as such, has permission to use the image any way they see fit. This includes, but is not limited to, advertisement and merchandise sales.
- Client MAY use the work for personal use only unless otherwise stated by the Artist.
- Client may NOT use the work for commercial usage, personal gain or profit. This includes, but is not limited to, resale and usage on products for sale or auction. Doing so constitutes copyright infringement.
- Client may NOT reproduce, remove signature, modify or take credit for the commission. Doing so constitutes copyright infringement.
- Client agrees to give Artist proper credit when posting the commission on a public platform with visible Artist name or website/Facebook link.
- Rights to work CAN be purchased at an additional price. With commercial rights, you may reproduce the work, put the image on merchandise for sale or use for advertising (such as logo usage) purposes. However, Client still may not take credit for the work itself.
- Client must notify Artist if commercial use is requested prior to start of commission. Artist has the right to refuse the request for commercial use for any reason.
- Artist is not responsible for quality of prints, reprints or print quality on merchandise purchased by a third party.
- Under no circumstances may the Client submit the commission in any sort of contest.
- Artist has the right to pursue damages under the United States Copyright Law, should there exist a violation in addition to a breach of terms.
V Cancelations & Refunds
Artist has the right to cancel at any time for any reason. Cancelation on Artists terms constitutes a full refund UNLESS:
Otherwise:
By commissioning the Artist for work, Client agrees to the terms stated and forfeits their rights to dispute charges as agreed upon in these terms.
- The commission was canceled due to a breach of terms by the Client.
Otherwise:
- If Client cancels prior to the start of the commissioned work, Clients deposit will be refunded.
- If Client cancels after work has begun, Client understands that the deposit will be forfeited.
- Payment disputes after purchase of a nonrefundable deposit or final payment will not be tolerated. Artist will rebut any dispute without hesitation.
By commissioning the Artist for work, Client agrees to the terms stated and forfeits their rights to dispute charges as agreed upon in these terms.
Vi Shipping, Handling & Arrival
Packaging and shipment depends on the type of commission. Artist will carefully package all commissions appropriately with appropriate labels. Artist will provide shipping information as it is available.
- Client is responsible for shipping costs unless otherwise stated.
- If Client requests changes to packaging or shipping method, additional expenses are the responsibility of the Client.
- Artist is not responsible for mishandling by mail carriers.
- Artist is not responsible for lost packages.
- Artist is not responsible for damage.
These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before entering into a Commission Agreement with the Artist. Once the Client enters into a Commission Agreement with the Artist, it is assumed the client has agreed to all Terms and Conditions.