Terms and Conditions for Commissioned Artwork

These Terms and Conditions form a legally binding agreement between you (the "Client") and Life On The Wall, a sole trader artist (the "Artist"). By placing a commission order, you agree to be bound by these terms.

1. The Commission

1.1. Scope of Work: The Artist will create a custom piece of artwork based on the Client's supplied photographs and specifications (the "Artwork"). The final Artwork is a unique artistic interpretation by the Artist and not a literal, exact reproduction of the photographs. The Artist will use their best aesthetic judgment to complete the work.

1.2. Client-Supplied Photos: The Client is responsible for providing high-quality, clear photographs for the Artist to work from. The Client warrants that they have the legal right to use and provide these photographs for this purpose and will indemnify the Artist against any claims of copyright infringement.

1.3. Artistic Discretion: The Artist retains the right to make creative decisions during the painting process. While the Artist will work to the Client's specifications, the final outcome is subject to the Artist’s unique style and interpretation.

1.4. Artwork Size and Dimensions: The dimensions of the Artwork agreed upon at the time of the quote refer to the size of the canvas, board, or paper on which the painting is created. This size does not include any matting, mounting, or framing that may be added later.

2. Pricing and Payment

2.1. Price: The price for the Artwork will be quoted to the Client prior to the commencement of work. The price is based on the size, medium, complexity, and number of subjects in the Artwork. Any significant changes to the commission after the quote has been agreed may result in a new price being quoted.

2.2. Deposit: A non-refundable deposit of 30% of the total price is required to secure the commission and begin work. The Artist will not start any work until this deposit has been paid.

2.3. Final Payment: The remaining 70% of the total price, plus any additional costs such as shipping and framing (if applicable), is due upon the Artwork's completion and before it is shipped or collected. The Artist will provide a final photograph of the finished Artwork for the Client's approval.

2.4. Payment Methods: Payments are to be made to The Artist by way of bank transfer.

2.5. Late Payment: If the final payment is not received within [e.g., 7 days] of the Artwork's completion and approval, the Artist reserves the right to charge a late fee and/or retain the Artwork and the non-refundable deposit.

3. Revisions and Approval

3.1. Work-in-Progress: The Artist will provide the Client with three work-in-progress updates. The Client must review these updates promptly and provide feedback within 24 hours.

3.2. Revisions: The Client is entitled to a maximum of three minor revisions during the work-in-progress stage. Any additional revisions or major changes requested after this will be subject to an additional fee, charged at the Artist's discretion.

3.3. Final Approval: Once the Artwork is complete, the Artist will send a final photograph to the Client for approval. Once approved, no further changes can be made. The Artwork will then be signed and prepared for final payment and delivery.

4. Delivery and Shipping

4.1. Timescale: An estimated timescale for the completion of the Artwork will be provided at the time of the quote. This is an estimate and may be subject to change due to unforeseen circumstances.

4.2. Shipping: Shipping costs are the responsibility of the Client and will be included in the final invoice. The Artwork will be packaged securely. The Artwork will be dispatched only after the final payment has been received in full. The Artist is not liable for any damage or loss that occurs during shipping. The Artist will provide a tracking number when the Artwork is dispatched.

4.3. Curing of Oil Paintings: Please be aware that while the surface of an oil painting may feel dry to the touch within a few weeks, the layers underneath can take up to six months or longer to fully cure and harden. The Artist will notify the Client when the Artwork is surface-dry and ready to be safely shipped or collected.

By approving the Artwork for delivery or collection at this stage, the Client acknowledges this curing process and accepts full responsibility for any potential damage, including but not limited to scuffs, dents, or impressions, that may occur to the Artwork's surface before it is fully cured. The Artist is not responsible for any damage to the Artwork after it has been delivered or collected. The Artist will provide a care guide with the painting to advise on handling and protection during this time.

4.4. Varnishing of Oil Paintings: Varnishing is a crucial final step that protects an oil painting from dirt, dust, and UV damage. This process can only be safely carried out after the painting has fully cured, which can take up to six months or longer.

Varnishes are available in different finishes, and the Client must specify their preference if the Artist is to apply the varnish:

Gloss Varnish: Provides a reflective, high-sheen finish that intensifies colors and can increase the contrast of the artwork.

Matte Varnish: Creates a non-reflective, flat finish. It reduces glare and can give the painting a more subdued, natural look.

Silk/Satin Varnish: Offers a soft, semi-gloss finish that falls between matte and gloss. It provides some reflection without the high shine of a gloss varnish

Self-Varnishing: The Artist can deliver the unvarnished painting to the Client (once it is surface-dry). The Artist will provide instructions on how to varnish the painting correctly at a later date, but the responsibility and risk of the varnishing process will be the Client's.

Artist-Applied Varnish: The Artist will retain the painting for the full curing period (approximately six months from completion) to apply a final protective varnish. The final payment will be made at the point of initial approval, but delivery will be delayed until the varnishing process is complete. The Artist will be responsible for the painting during this time.

4.5. Collection: Clients may choose to collect the Artwork in person by prior arrangement. Collection will only be permitted after the final payment has been received in full.

5. Cancellation and Refunds

5.1. Cancellation by Client: If the Client cancels the commission after work has begun, the initial 30% non-refundable deposit will be retained by the Artist to cover time and materials.

5.2. Cancellation by Artist: The Artist reserves the right to cancel a commission at any time. If this occurs, the Client will be given a full refund of any money paid, including the deposit.

5.3. Refunds: Due to the custom nature of the Artwork, no refunds are available once the final Artwork has been approved and shipped.

6. Copyright and Usage Rights

6.1. Copyright Ownership: The Artist retains full copyright of the Artwork at all stages of its creation. The Client is purchasing the physical Artwork, not the intellectual property rights.

6.2. Artist's Right to Use: The Artist reserves the right to use images of the completed Artwork and any work-in-progress photos for promotional purposes, including but not limited to, displaying on their website, social media, portfolio, and for the creation of prints. If the Client requires the commission to be kept private until a certain time (e.g., until an artwork is gifted), they must inform the Artist in writing at the time of booking.

6.3. Client's Right to Use: The Client is permitted to display the physical Artwork. The Client may also share images of the Artwork on their personal social media, with credit given to the Artist. The Client may not reproduce the Artwork for commercial purposes (e.g., printing and selling copies) without a separate, written agreement and payment for a commercial license.

6.4. Testimonial Usage: The Client agrees that any written or verbal feedback, testimonials, or reviews provided by them may be used by the Artist for promotional purposes. This includes, but is not limited to, displaying them on the Life On The Wall website, social media channels, and in other marketing materials. The Artist will use the Client's first name and general location (e.g., "Jane from London") unless otherwise agreed upon in writing. If the Client wishes for their testimonial to be kept anonymous, they must inform the Artist in writing at the time of providing the feedback.

7. Certificate of Authenticity

7.1. Certificate: All completed commissioned artworks are sold with an official Certificate of Authenticity (COA) signed by the Artist. This certificate verifies the Artwork's authenticity, its creation by the Artist, and includes details of the Artwork such as its title, dimensions, medium, and date of completion.

7.2. Documentation: The Artist maintains a private record of all commissioned works and their corresponding certificates. The Certificate of Authenticity should be kept safe by the Client as proof of ownership and authenticity.

8. General

8.1. Governing Law: This agreement shall be governed by UK law.

8.2. Data Protection: The Artist will handle all Client personal information in accordance with their privacy policy.

8.3. Amendments: These terms and conditions may be updated by the Artist at any time. The terms in effect at the time the deposit is paid will govern the commission.