All artwork commissioned through ArtMemory.net is subject to the Terms & Conditions stated on this page. Upon contacting this site and its Artist with interest in a commission, the Buyer must provide a digital scan or physical copy of the photograph from which the commission will be made. The Buyer will then be provided with a personalized quote and written contract including these Terms & Conditions. By signing and returning the contract, the Buyer agrees they have read and understand all terms and conditions and are bound to everything therein. The Artist reserves the right to refuse any commission for any reason.
Upon initiation of a commission, two contracts will be mailed to an address provided by the Buyer. The one signed copy must be returned to the Artist; the Buyer should keep the second copy for personal records. Contracts can also be sent by e-mail in PDF format. The Buyer can sign the contract digitally and e-mail it back, or they can print it out and mail the signed copy to the Artist. These details will be discussed on a case by case basis.
The Buyer agrees to send the Artist either a hard copy print of an original photograph, or a digital photograph that is of acceptable quality from which to work. The Artist, upon submission of the file, will determine the usability of the digital image. The Buyer understands that they must send only original photos from their personal collections and not licensed or copyrighted images, i.e., photographs from professional photo sessions, professional wedding photos, images from magazines, etc. The Buyer guarantees the images provided are not copyrighted images.
The Artist reserves the common-law copyright to all works commissioned by Buyer that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. The Buyer may not reproduce any work in any way without the prior written approval of Artist. This includes but is not limited to: making prints, making photocopies, and distribution of a digital scan.
Fees for service will be quoted per individual artwork for each individual commission. Fees are based upon dimensions of the final artwork, medium and complexity of the completed work; prices will be consistent with other comparable works by Artist at the time of sale. Parties will agree to price in writing prior to the commencement of each artwork. Drawing size will be mutually determined by the Artist and Buyer.
The Buyer will provide a valid shipping address for the completed artwork. All artwork up to 8" x 10" will be shipped in photo document, cardboard supported envelopes. Artwork larger than 8" x 10" will be shipped rolled in capped mailing tubes and may be subject to additional shipping charges. Artwork will be treated with fixative and lined with newsprint to limit wear during shipping. Optional advance framing can be quoted on an individual basis and will require additional shipping charges. The Buyer is responsible for all shipping costs that will be included in each individual contract as shipping costs vary depending on size and destination. All artwork will be shipped via USPS First Class unless otherwise negotiated. If the Buyer so chooses, optional insurance can be purchased for the shipment for an additional fee based on current insurance rates. The Artist is not responsible for any loss or damage to the artwork if the Buyer chooses not to purchase insurance.
The Artist and the Buyer will mutually determine the timeline for delivery of the artwork; this information will be included in the personalized contract. In general, artwork takes approximately 4-6 weeks to be completed and shipped. Orders can be expedited for an additional percentage of the full cost of the artwork based on the urgency of the order (see Commission for more information). If the Buyer requires the artwork by a specific date, this information must be included in the initial contact with the Artist. Additional shipping fees will apply for expedited delivery. Expedited orders are subject to the availability of the Artist.
A nonrefundable deposit of one-half of the selling price is required before work commences. This deposit must be included with the completed contract, or sent along after the submission of a digital contract. Upon reception of the deposit and completed contract, the order is considered confirmed and the Artist will begin work on the commission. Payment in full is due before the final work is shipped. This deposit is non-refundable because it covers the cost of supplies and time that will be used to create the initial sketch.
The Buyer can pay by personal check, money order or online with PayPal. Cash payments are not secure through the mail and cannot be accepted. Payment address will be provided to the Buyer in their personal contract. Personal checks must clear for 5 business days before work will begin or a final commission is sent. The Artist reserves the right to charge an additional $20 fee for a returned personal check.
It is the intent of this contract that the Artist will create artworks for the Buyer that the Buyer will purchase. After the Artist receives the non-refundable deposit, the Artist will create sketch of the artwork for approval by the Buyer. If, at this time, the Buyer does not wish to purchase the work, the Buyer reserves the right to refuse, on an individual basis, each created artwork. In that case, the Artist will retain the refused sketch and the nonrefundable deposit, free of any claims or interests of the Buyer and the Buyer will owe no additional fees to the Artist. A refusal will not affect the purchase price of other created artworks in the future.
Design by Steve Forde