TERMS AND CONDITIONS CONTRACT
In the following terms of the contract, if referred to as “The Artist” this shall mean Jorge Goytizolo Lazo. “The Client(s)” shall be those entered into such a contract and whose name appears on our booking sheet or order form. By booking a portrait session or placing an order with “The Artist” you are subject to the full terms & conditions herein.
The Artist values your privacy, and to this end he subscribes to the principals of the Data Protection Act. Your data will only be used by The Artist to advise you of products, services and special promotions only and will not be sold to third parties. He may contact you by post, telephone, sms text, email or other forms, which include social networking sites. Users may select not to use these services by indicating this to The Artist in writing.
Under the Copyright Designs & Patents Act 1988, all copyright attaining to images drawn by The Artist shall, unless specifically released in writing, remain the intellectual property of The Artist.
The Artist may release the rights under license to reproduce these images in print or digital form for a set period of time, however unless specifically referred to this, does not permit the resale of any images drawn by The Artist.
The Artist under the Copyright Designs & Patents Act 1988 will not permit the use of mobile phones, ipods, ipads or any personal image recording equipment within its studio premises where The Artist controls the drawing environment. If The Client(s) infringes or is seen to infringe the copyright of any of The Artist artwork, The Artist reserves the right to halt and cancel the session or viewing and request The Client(s) delete any recorded images immediately and leave its premises.
The parties for the individual artwork will decide selling price. Fee will be based upon size and complexity of completed work and will be consistent with other comparable works by Artist at the time of sale (sales and specialty deals do not apply.) Parties will agree to price in writing prior to the commencement of the artwork. The Artist and Client will mutually determine size.
3.1-Payment Terms: A non-refundable deposit of one-third (33%) of the selling price is required before work commences. However if The Client(s) shows discomfort in paying the start up fee The Artist may offer a very rough sketch before the first payment. If a rough sketch is approved, the 50% none refundable selling price will need to be paid before The Artist commences work on the commissioned piece.
When artwork is complete The Artist will send a low resolution image (small file/.jpg) of the finished product with watermark to The Client(s). After receiving the watermarked low resolution image (small file/.jpg), The Client(s) will send final payment and the Artist will arrange the delivery/collection of the finished artwork to The Client(s).
3.2 -Additional Payments: After the Artist sends the low resolution image (small file/.jpg) of the finished product with the watermark, or all of the terms and conditions of the artwork in the contract have been met upon the completion date, each additional revision to the work will cost an extra 30% of original price.
3.3 -Kill Fee: In the circumstance where the project/commission is cancelled, The Client(s) agrees to pay a kill fee of 30% of the overall commission price. This is to make sure that all of the work and time that the Artist has put into the commission is compensated for.
The original artwork will remain with the Artist until it has been properly photographed for the Artist’s portfolio. It can take up to a few weeks to get the original artwork.
The Artist may display any artwork included in this contract in his studio, website, portfolio, exhibitions, competitions, advertising, slide shows or social media.
6 -REFERENCE PHOTOS:
The Artist might take one or more photos of The Client(s) during the session to complete the final details of the artwork in his studio afterwards. The photos will NOT BE SHARED with any other parties whatsoever.
Sittings will be arranged at a reasonably mutually and convenient time for both The Client(s) and The Artist within 6 weeks of the booking date on either Friday, Saturday & Sunday between 9.00am and 5.30pm. The Client(s) should be aware that the sitting appointment will be the only opportunity that The Client(s) will have to discuss final details about the final piece of artwork.
The Artist aims to complete your portrait, as quickly as is practicable and will give The Client(s) a completion date at time of arranging, however, at busy periods and if a product needs to be outsourced, the delivery time can be longer. The Artist’s general guidelines are 2-4 weeks for work to be completed in house although this time scale may have to be extended if special materials need to be outsourced.
After all reasonable attempts have been made to contact The Client(s) The Artist reserves the right to dispose of any uncollected or undelivered orders after 12 months and shall not be responsible for refunding the cost of or replacing any such orders.
9- CANCELLATION & POSTPONEMENT
All cancellations must be made in person or over the phone. Emails and answering machine messages, sms texts and other forms of communication will not be classed as notification of cancellation. You, The Client(s) must give The Artist at least 48hrs notice of cancellation (Sundays not included in this time frame) of an appointment. If The Client(s) fails to give the correct designated cancellation time, fails to show up for an appointment or is more than 20 minutes late then The Client(s) shall lose their full booking fee.
A booking is considered firm as from the date of confirmation and accordingly the Artist will, at his discretion, charge a fee for cancellation or postponement.
The Artist provides a professional service and therefore reserves the right to deny or refuse sessions and viewings if The Artist feels that a client’s behaviour, presentation or hygiene may compromise the safety or experience of The Artist or other client(s).
These terms & conditions shall be governed by and construed in accordance with the laws of England & Wales and any disputes only by the English Courts.
If any of these terms & conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms & conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
If you breach these terms & conditions, The Artist reserves the right to exercise their rights and the remedies of these terms & conditions at a later date than the breach occurred by The Client(s) or in any other situation where The Client(s) breaches these terms & conditions.
A person who is not party to these terms & conditions shall have no right under the Contract (Rights of third parties) Act 1999 to enforce any term of these terms & conditions but this shall not affect any right or remedy of a third party which exists or is available apart from the act.
The Artist will not be liable for any breach of these terms & conditions beyond their reasonable control.
The Artist reserves the right to change or amend these terms & conditions without prior notice to The Client(s).