Commission Information

This Terms of Service agreement is between the Client and Jade Chapman, an individual proprietor (Artist). Client and Artist referred to individually as “Party” and together as “Parties.”

 

1. General Terms

It is understood by the Parties that the Artist retains the right to reject an artistic commission for any reason. It is understood by the Parties that the Terms of Service may be updated, but it will not affect the Client’s order in any negative way. The Artist will create an art piece (“Commission”) as needed and defined by the Client. Each Commission will be defined when it is ordered.

 

2. Pricing

In consideration for providing the Commission(s), Artist shall be paid a total calculated based on the size of the project, cost of materials, and labor. The Client understands that the prices listed in the Commission Information Form are an estimated range. The Client also understands that prices may be subject to the complexity of the Commission, cost of materials, an expedited deadline, demand, and any shipping costs.

 

3. Payment

After completion of the Commission and arrangement of any shipping details, the Artist shall submit an itemized invoice to the Client upon completion of each Commission. The Client understands and agrees to pay the total cost stated in the invoice before the Client receives the Commission. Payment can be made by cash or check. In the event of unexpected life situations, the Client may request an alternate payment plan with the Artist.

 

4. Taxes

As an independent contractor, Artist shall be responsible for all federal, state, and local taxes for payment.

 

5. Process and Delivery

By ordering a Commission, the Client will provide details of the Commission (size, medium, etc.) and provide reference photo(s). The Artist will provide initial sketches and discuss composition with the Client before beginning painting. The Client understands that the amount of time required to finish a Commission varies due to factors such as the complexity and size of the Commission, demand, other life factors, and material availability. The Artist will inform the Client if there are any unexpected situations that delay the completion of the Commission. After the completion of the Commission and payment has been received, the Artist will ship the Commission to the address provided by the Client. Personal deliveries of the Commission to the Client can be arranged upon request for clients that live near Papillion, Nebraska. The Artist retains discretion when it comes to personal deliveries.

 

6. Cancellation and Refund Policy

The Client can cancel their Commission at any time, but understands that the Artist will retain any drafts or works in progress. The Artist reserves the right to cancel the Commission if the Client stops responding, behaves improperly, or does not send the payment.

 

7. Copyright and Artwork Usage

The Client will not reproduce, copy, edit, publish, sell, or upload the Commission in anyway without the Artist’s knowledge and consent. The Client may upload the Commission on any website or social media if proper credit is given. The Artist reserves the right to post the Commission online and in the Artist’s portfolio. If for any reason the Client does not want the Artist to post the Commission, the Client must inform the Artist ahead of time. The Artist does not take responsibility if the Client uses the commissioned work in any illegal or improper way. By providing the Artist with reference photos for the Commission, the Client declares that they have the full copyright or the owner’s permission for the usage of the reference photos or of the other elements depicted. Furthermore, the Client agrees that the Commission is for private use and has no intention of using the Commission further commercially.

 

8. Notices

Each Party will provide notice to the other Party by sending an email or text to the corresponding Notification Email Address or Phone Number. Notice will be treated as given on receipt. Each Party is responsible for keeping its Notification Email Address or Phone Number current throughout the term of the Commission.

 

9. Indemnification

The Client agrees to indemnify and hold harmless the Artist from and against any and all claims, losses, damages, liabilities, costs, and expenses (including without limitation attorney’s fees) that may be incurred by Artist arising out of or resulting from Artist’s performance of Commissions under this Agreement.

 

10. Governing Law

The Parties agree that all disputes arising out of this Agreement will be governed by the laws of the State of Nebraska and adjudicated in Nebraska courts, without regard to conflict of laws principles.

 

11. Forced Majeure

Neither Party will be responsible for delays or failure of performance under this Agreement resulting from acts of God, war, terrorism, strikes, epidemics, failure of suppliers to perform, earthquakes, power failures, or other causes beyond the control of that Party which render performance by that Party.

 

12. Final Agreement

It is understood by the Client that by ordering a Commission, the Client agrees to the terms listed above and agree that they have read the entire Terms of Service.