TERMS AND CONDITIONS OF COMMISSIONING A WOODCARVING
By making a down payment(deposit) on a commissioned woodcarving created by Dylan R. Goodson, you agree to the following terms and conditions which will serve as a written contract between you (the Client) and the Artist (Dylan R. Goodson) and will have the same legally binding power of a signed, written contract.
1. IDENTIFICATION OF ARTWORK/S TO BE COMMISSIONED
The Artist agrees to produce a woodcarving or artwork as mutually agreed to via verbal or written communication. (Including all forms of electronic communication). A summery detailing the agreed upon artwork will be provided by the Artist before the Client is required to make the deposit/down payment, if the details of the artwork are not already included in recorded, written communications.
A preliminary sketch or a clay model will be produced and sighted by the Client for feedback. The Client is encouraged to provide reference photos/drawings or their own photos/drawings to assist the creation of the artwork.
The Artist requires a non-refundable deposit of 25% (50% for commissions to be shipped internationally) or other amount mutually agreed upon within 30 days or other mutually agreed upon time frame, from when the Client acknowledges acceptance of the Artist’s price for creating the artwork.
Full payment of the remaining monies owed is required at handover of the artwork or for delivery. The commissioned artwork will not be released until payment has been made in full.
The Client will be provided with photos of the finished artwork before being required to pay the remaining monies owed.
The Artist will accept payments by installment throughout the period of creating the artwork as agreed to by both parties before commencement of work.
Check or Money order
Payments made by check (made payable to Dylan Goodson), or money order can be mailed to:
PO Box 189
Mohawk, MI 49950
Paypal or Credit Card
Paypal payments can be made to: firstname.lastname@example.org.
Arrangements for paying by credit card can be made.
Cash payments can be made in person.
*Artwork will only be delivered once FULL payment has been received and cleared by the Artist’s bank.
3. DELIVERY OF WORK
The Client acknowledges the delivery surcharge has not been included in the price of the artwork and will be quoted at a later stage.
The Client agrees to pay for the cost of delivery of the work (including but not limited to insurance and packaging).
The Artist will acquire the best price for the safest delivery service. The parcel will be delivered as registered post or tracking mail and insured for its value.
The Artist is not responsible for any delays in delivery time once the Delivery Service has the Artwork.
Risk of Damage or Loss while the artwork is in transit is not the responsibility of the Artist.
If the artwork is to be returned due to damage, then the matter is to be taken up first with the Delivery Service provider to claim through insurance.
The Artist agrees to complete the artwork within the time frame agreed upon with the Client.
If extenuating circumstances arise and the Artist is unable to complete the artwork by the contract date, the Artist will notify the Client and arrange a new date. If the Client is unhappy with the new date, the Client may choose to cancel the commission, and be refunded any monies paid prior as installments; however the non-refundable deposit of 25% of the final price will still remain non-refundable as stated in Paragraph 2 of this agreement and agreed to by the Client.
5. TERMINATION OF AGREEMENT
If the artwork does not meet the expectations of the Client at the time of completion, there is no obligation for the Client to complete the transaction. With feedback, the Artist will try to rectify the artwork to meet the Client’s needs.
If the Client remains unsatisfied, the Client will be entitled to a refund of any monies paid prior as installments; however, the non-refundable deposit of 25% of the final price will still remain non-refundable as originally agreed.
The canceled commissioned Artwork will remain the property of the Artist.
The Artist shall have the right to terminate this Agreement in the event that the Client is more than thirty days late in making any payment due pursuant to Paragraph 2. However, nothing herein shall prevent the Artist bringing suit based on the Client’s breach of contract.
6. CARE OF WORK
The Client is responsible for caring for, maintaining and preserving the artwork once it has been delivered to the Client. Once the artwork has arrived in its original condition and in the Client’s possession, the Artist is not held responsible for any damage thereafter that is a result of poor preservation of the work.
The Artist is not responsible for the weather and the damage weather conditions and environment can do to artwork. It is the Client who is responsible to obtain and apply suitable protection methods.
The Client is to be aware that mediums and materials may deteriorate over time (though due care by the Artist has been taken to use good quality materials). Be advised that Art is ephemeral and due to pollutants in the air, climate conditions and poor care of work, the work could degrade in quality over time, for example, vibrancy of color if artwork is exposed to direct sunlight for substantial periods of time.
The Client agrees that the work is created by Dylan R. Goodson and that the Artist retains ALL copyright. No reproduction or manipulation in any form is allowed without the permission of the Artist.
The Artist agrees that the work commissioned is solely his own and an original artwork unless stated or informed otherwise.
This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties.
9. GOVERNING LAW
This agreement shall be governed by the laws of the State of Michigan.