Terms and Conditions

Revision Date: 2011 February 3

This agreement is between Char Reed Illustration (herein noted as “Artist”) and the Client. The Client agrees to the Terms and Conditions as written at the time the contract is initiated between the Artist and the Client. The Artist agrees to hold to the Terms and Conditions during the course of the project, any revisions to the Terms and Conditions will not effect any Client under a previous revision of the Terms and Conditions.

Reservation of Rights All rights not expressly granted are retained by the Artist, including any electronic rights or usage, and including all rights in preliminary materials. Any use additional to that expressly granted, including full copyright of the image, requires arrangement for payment of a separate fee.

Payment Payment is on the Order page handled securely through PayPal at the time of your order. Payment on the Shop page is handled securely through Fotomoto. The availability of the final painting or associated product (canvas, print, t-shirt, ect) is conditional on receipt of full payment.

Revisions After payment has been completed and work begun on the sketch or painting, the client is entitled to make revisions before a fee will be charged. Notification of any additional revisions will be made and agreed upon with the Client before a fee will be charged. The Client is entitled to three revisions at the sketch phase of the project. A charge of $15, payable before another revision will be issued, will be made to every subsequent sketch revision after the first three alternations. After the sketch has been approved, two minor revisions are allowed to the painting. A charge of $15 will be made to every subsequent revision, as determined by the Artist, payable before another revision will be issued. A major revision requiring a large rework of the piece, as determined by the Artist, will constitute a $50 fee.

Cancellation and Kill Fees In the event of cancellation or breach by the Client, the Artist shall retain ownership of all rights and copyright to the artwork, including sketches and other preliminary materials. The client shall pay the Artist according to the following schedule: 50% of original fee if cancelled after preliminary sketches are completed, whereby 50% of the cost paid at the beginning of the project will be refunded to the Client, 100% if cancelled after completion of finished art.

Delivery The Artist shall use all reasonable endeavours to deliver the artwork to the Client by the agreed upon date and shall notify the Client of any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) cancel the commission and the Artist will issue a refund, in the event of the Artist failing to meet the agreed date. If a refund is issued, the Artist shall retain ownership of all rights and copyright to the artwork.

Refunds The Artist will make every attempt to ensure the client is satisfied with the completed artwork within the boundaries of the Terms and Conditions. However, the Client is compensating for the Artist’s time and labour, thusly, unless the Artist breaks the Delivery clause described herein, no refund will be issued to the Client on the basis of being dissatisfied with the completed artwork.

Discounts Discounts at certain times of the year may be issued as determined by the Artist. The discount will already be applied on the Order page, with note of the discount that is being applied to the final price. Discounts may be applied to the Shop page for prints, which will be applied with a code provided to the customer via the website, newsletter or email.

Merchandise The artwork produced by the Artist can be printed on physical media by a third-party which can include, but not be limited to, items such as canvas, prints, t-shirts and apparel. The Client agrees to accept the associated fees for production, shipping and handling of the desired merchandise. The Artist accepts the responsibility to purchase the merchandise with the fees from the Client and send the merchandise to the Client’s desired location as indicated during purchase of artwork.

Liabilities The Artist is not to be held liable for the outcome of printed materials featuring artwork created by the Artist. Any disputes with a physical item should be made with the Company that has manufactured the item in question.

Alterations Alteration to completed artwork shall not be made without consulting the Artist, and the Artist shall be allowed the first option to make alterations when possible. After acceptance of artwork, if alterations are required, a payment shall be charged over the original amount.

Warranty of Originality The Artist warrants and represents that the work produced is original. This warranty does not extend to any uses that the Client or others may make of the Artist’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Artist harmless for all liability caused by the Client’s use of the Artist’s product to the extent such use infringes on the rights of others.

Ownership of Artwork Completed art remains the copyright to the Artist. The Artist has the right to display artwork on online galleries, physical media and products. The Client may not sell the artwork produced by the Artist under any circumstances, including, but not limited to print reproduction or other merchandise unless full copyright is bought for the illustration. Full copyright to an image can be purchased at an additional cost to the Client if desired, at the sole discretion of the Artist.

Disputes Any dispute arising under this contract may be referred for determination by an arbitrator. An arbitrator will be agreed upon by the Artist and the Client. Payment for arbitration will be determined by the arbitrator.

Entire Understanding This contract constitutes the sole agreement between the Artist and the Client regarding the creation of a pet illustration. Both parties warrant that they have read and understand the terms set forth in this agreement. Both parties ascertain that they will make a good faith effort to abide by the terms set forth herein.