top of page

Commissions Terms and Conditions

AGREEMENT FOR COMMISSIONED ARTWORK

​

 

  1. CONTRACT. The sales contract is conducted between Artist, Lia Mara (legal name Charis Ringland) and the Purchaser (§ 13, BGB).

  2. PAYMENT TERMS. This Agreement goes into effect upon the Artist receiving 50% of the agreed price of artwork. The remaining 50% of the sales price shall be paid to the Artist upon completion of the work. Final payment is due upon approval of the Work by the Purchaser.

  3. DECLINE OF OFFERS: The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain reasoning for decline out of courtesy).

  4. COSTS. Purchase price includes all costs, both direct and indirect, in creating the Work and delivering the Work to the Purchaser, including purchase of raw materials, paints, studio expenses, labour, packaging, shipping, and taxes.

  5. PROGRESS REPORTS: Artist agrees to furnish the Purchaser with progress reports during the creation of the Work, which can include pictures of the Work in progress. The pictures may be digital images and sent by email. A progress report will be sent upon request by the Purchaser, but no more frequently than once a week.

  6. TIME FRAME FOR COMPLETION. Guidelines for the length of time until completion of the work will be discussed by the Artist and the Purchaser prior to the initial purchase and depend on the size of the Work, the materials used for the creation of the Work and the current workload of the Artist. The Artist will make every effort needed to complete the Work in a timely manner. Approximate time frames are 1-2 weeks for small paintings and 3-4 weeks for larger paintings plus an additional 2 weeks drying time so that the Work can be safely packaged for shipping.

  7. FRAMING. The Work will be delivered unframed. Artist agrees to frame painting for additional costs of frame materials (no labour charge).

  8. REVISIONS. The project price quoted does not include an unlimited number of revisions. Artist will include two rounds of adjustments. Beyond that, the cost of further adjustments can be negotiated. This will insure that your project (the Work) is finished in a timely manner and within your budget.

  9. PRODUCTION SCHEDULE. The Purchaser will assume any additional shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the Purchaser. The Artist shall not incur any liability or penalty for delays in the completion of the project due to actions (e.g. delays in feedback at any stage or negligence for stage approval by Purchaser, unusual transportation delays, unforeseen illness, or external forces) beyond the control of the Artist. If such event(s) occur, it shall entitle the Artist to extend the completion/delivery date, by the time equivalent to the period of such delay.

  10. CANCELLATION. In the event of cancellation of the project, ownership of all copyrights and the original artwork shall be retained by the Artist, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Purchaser. If the Purchaser chooses to terminate the services after entering into the commission arrangement but before the commissioned project is complete, the Artist reserves the right to retain any non-refundable deposits paid. The scale of the charge will be dependent on the discretion of the Artist and the stage of the project at the time of cancellation. Charges for services rendered will 100 percent if cancelled after the final Work is completed. If communication breaks down on the part of the Purchaser for a period of 30 days (that is, the Purchaser fails to reply to a communication from the Artist) the Artist will issue a warning email. If this warning email is not replied to (and communication does not resume) with a following period of 30 days, the Artist reserves the right to to terminate the commission. In this event, all deposits paid will be retained by the Artist, the commission will be cancelled and the Artist reserves the right to charge for services rendered as outlined above. If the Purchaser wishes to continue the commission at a later date they will be required to request a new project quotation, begin a new Commission Agreement and pay a further non-refundable deposit.

  11. ARTIST CANCELLATION OF COMMISSION. The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behaviour, an inability to effectively communicate, or a breach of these Terms of Service. In this event, all deposits paid will be retained by the Artist, the commission will be cancelled and the Artist reserves the right to charge for services rendered as outlined above.

  12. OWNERSHIP. Upon final payment for the Work, the Purchaser becomes the legal owner of the Work with all rights and privileges, with the exceptions noted below.

  13. REPRODUCTION RIGHTS. Artist retains all copyright rights and rights to reproduce the Work in all forms. This includes, but is not limited to, using the image of the Work on the Artist’s website, in portfolios, in future paintings, etc. No work and no image may be reproduced in any way (by photography or other process) or copied and distributed without the written permission of the artist.

  14. REFERENCE MATERIAL. The Purchaser who commissions the artwork is responsible for ensuring that no existing copyright or personal rights are violated when supplying the reference material (e.g. photographs) for the artwork. Should there be injuries by the motif specified by the customer the customer takes full responsibility for all legal and financial consequences and the artist is free from all liability.

  15. NON-DESTRUCTION. Purchaser will not permit any intentional destruction, damage or modification of the Work.

  16. NOTICE. The Artist has the right to put her name on the Work in a permanent fashion. Placement and size to be determined by Artist.

  17. INSTALLATION OF THE WORK. The Work will not be installed for the Purchaser.

  18. RETURNS. The artist is under no obligation to accept a return for a commissioned artwork, except in the event that the artwork reaches the customer damaged.

  19. EXPIRATION. This agreement binds the parties, their heirs and all their successors in interest, and all Purchaser's obligations are attached to the Work and go with ownership of the Work, all for the life of the Artist.

  20. ATTORNEY'S FEES. In any proceeding to enforce any part of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any available remedy.

  21. WARRANTY. The Artist is obligated to create the Work in a professional and craftsman-like manner.

  22. FUTURE RESPONSIBILITY. The Artist is not responsible for changes in the Work due to climate, humidity, moisture, moulds, infestation, stains, warping, shrinkage, expansion, corrosion or any other events that occur to the Work over time

bottom of page