AGREEMENT TERMS & CONDITIONS

PAYMENT ARRANGEMENT: The Client will pay the Artist the total fee specified in the Contract they receive from Artist.  The total fee will include the total amount of all services requested including shipping and handling fees (using U.S. Postal Service).

The total fee presented on Artist’s Contract to the Client is payable as soon as Client agrees to Contract terms. No work on the artwork will begin until payment is received.  Please note any delays on the Client’s part to payment may delay the delivery of the artwork by the Requested date.

A payment due by date will be on the Contract.  As long as payment is received by this date, delivery will be completed in timely fashion.

PROOFS: A review the proofs will be acceptable.  Any requested amendments may delay work. However, minor changes should not affect the overall deadline.  Client will receive images online through their email.  When signing the Contract the Client will specify the choice of proofs if necessary.  Signing confirms acceptance of image and cannot be altered after Contract is returned to Artist.

CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Artist is foregoing other artistic jobs.  In the event of a cancellation or postponement of the portrait agreement by the Client, the deposits paid are non-refundable.

PRINTS & COPYRIGHT: All images and copyrights are the property of Toolmarks, Inc. by Lisa Fort (“Artist”).  In exchange for services provided, the Artist retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to:   advertising, marketing, sales, print competitions, educational seminars, and monetary gain.  The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums.  The Artist retains these rights even once the artwork is turned over to the Client.

All images and artwork created by Artist are copyright protected. It is a violation of federal copyright law to copy, scan, or allow images created by Artist to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without the Artist’s express written permission. The Client may print (on their own) their personal works with the written consent of Artist only once in possession of the original image.

When written permission is given, the Artist agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.

The license allows the client to do the following with the images:

  1. i) Print the images;
  2. ii) Upload, email, or electronically transfer the images or files; and,

iii) Publish the images on personal websites or social media websites

THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:

APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY ARTIST

MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES

These exclusive rights make it illegal to copy, scan, edit or share art prints and digital medial without the Artist’s permission.  Violators of this Federal law will be subject to civil and criminal penalties.

CLIENT’S USAGE: Client is obtaining art for personal use only, and shall not sell said art or authorize any reproductions by parties other than Artist. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from the Artist. A credit line which reads “Lisa Fort” in type no smaller than that of the related text must appear adjacent to or within all permitted published prints of the art.

MODEL RELEASE: Client grants to Artist and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish commission pieces of Client, no matter the subject matter of the piece for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Artist and her legal representatives and assigns from all claims and liability relating to said artwork.

EXHIBITION: Client grants Artist permission to display selected images resulting from this assignment as an example of Artist’s work and for entrance into artistic competitions and releases all claims to profits that may arise from use of images.

LIMIT OF LIABILITY: We take the utmost care with respect to handling, care, and returning of all original photographs mailed from the Client to the Artist. However, in the unlikely event that any or all the originals are lost, stolen, damaged or destroyed within or beyond Artist’s control, the Artist cannot be held liable. In the unlikely event that Artist is injured or becomes too ill to complete the portrait, the Artist will make every effort to reschedule to the earliest possible date. The Artist will make every effort to meet the deadlines of the Contract. If the situation should occur and the Artist cannot meet the deadline agreed to by the Contract, responsibility and liability is limited to the return of all payments received.

In the unlikely event of a total artistic failure or cancellation of the Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract.  Neither party shall be liable for indirect or consequential loss.

PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Artist from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.  Client is aware that original artwork can become warped or otherwise damaged if not maintained under ideal conditions, and the Client releases Artist from any liability for claims whatsoever based upon the warping or deterioration due to the placement of the artwork. (Interior walls out of direct sunlight are always recommended for original artwork)

CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Artist’s service on the portrait date, provided Artist is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the artwork or prior to said changes, whichever is applicable. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Artist’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Artist shall still receive the total fees outlined in the Contract.

PRINT FEES: Prints are available either individually or in print packages. All prints include standard retouching and shipping through the U.S. Postal Service. Prints are generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print. Print and Print Package pricing is set out and can be requested.

INDEPENDENT CONTRACTOR:   The Contract is not to be construed as an employment agreement in any way. The Artist functions as an independent contractor.

ENTIRE AGREEMENT: This agreement contains the entire understanding between Artist and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait with Toolmarks, Inc. by Lisa Fort.

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