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By ordering or receiving any artwork
or designs
by Angi Laframboise
(Artist), the customer or recipient (Client) agrees to the following terms, conditions, and agreements.
Scheduling Commissions
Scheduling is generally done on a first come,
first served basis, however scheduling is at the Artist's discretion. Time frames for finishing a piece are rough
estimates. Actual time of order completion depends upon a number of factors
including, but not limited to, how quickly the Client responds to
Artist's requests for information needed to complete the order. Due to
circumstances beyond Artist's control, Artist cannot guarantee that
Client will receive an order by a specific date. Artist will not be
held responsible for circumstances beyond the Artist's control.
Payment and Fees and
Additional Terms
Client agrees to pay a 50% deposit in advance for any custom
order. Balance is due before shipping the work to the Client. Some items
require full payment before item is started. If,
for any reason, Client cancels the order after Artist begins
work on the custom
order, 50% of the total purchase price is
non-refundable (deposit is non-refundable once your order is actually
started). If Client is dissatisfied after Client receives the order,
Artist will do limited additional adjustments at the
Artist's discretion, provided
Client covers any further shipping costs. Artist is not responsible
for damage or loss during shipping. Client may request and pay an additional fee
for shipping insurance. If a personal check is accepted for payment,
Client
agrees to pay a minimum of $25 fee in case of Insufficient Funds/Returned
Checks. If the Artist chooses to cancel an order before it's
completed and before Client has seen any copies of the work in progress, Client will receive a full refund for the work Artist chose to
cancel. Artist is not responsible for typographical errors/mistakes
on the site.
Copyrights
It is agreed that the Artist alone owns and
retains all
rights to any and all work performed by the Artist (paintings, photos
taken by the Artist, scans, digital images, drawings,
designs, layouts, variations, ideas, text, phrases, writing, and/or digital
artwork, etc.), including all copyrights, publishing
rights, licensing rights, reproduction rights, and any other intellectual property
rights. Client (or other copyright owner of the reference materials), however, retains ownership and rights to their original,
unaltered photographs that were provided to the Artist for use. The Client agrees not to
photograph, scan, or make copies of the work, and also agrees not
to
publish, transmit, upload, license, transfer, alter, or sell digital or
tangible copies or versions of the work in any manner, or otherwise
take any action that may infringe on the Artist's rights to the work(s). Client also
agrees not to encourage or allow any third party to do anything
against these terms and conditions or anything that
may otherwise infringe on the Artist's rights to the work created by the
Artist. *Although the Artist retains ownership of all
rights and controls all rights to the artwork.... in the case of
commissioned portraits, if the
Artist would like to offer other products (that feature the
commissioned portrait) to the general public, the Artist will
consult with the Client first, and the Artist will respect the
wishes of the Client.
Reference Photos and
Indemnity Client personally
guarantees that the Client personally took (created) or otherwise owns
all rights to all reference photos and other reference materials
supplied to the Artist for the purpose of creating a painting, portrait,
design, or other work.
Client personally guarantees that none of the photographs, images,
other materials, or direction that the Client provides were taken
(or created) by a professional photographer, a third party, or otherwise infringes on another's
rights. If Artist accepts a professional photograph for reference, it
must be accompanied by a proper copyright release from the copyright
owner. Client agrees to
indemnify and hold harmless the Artist, her subcontractors, her
heirs, attorneys, agents, and assigns against any and all claims,
lawsuits, costs, losses, liabilities, damages and expenses,
including all attorney fees arising
in connection with or related to the Client's order(s), the photographs/images,
direction,
or other materials that the
Client provides, and/or any
work performed by the Artist on behalf of the Client.
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