ARTIST TERMS
Terms of Service
Artist: natARTlie (legal name, Natalie Granados)
Client: Your name here
Address:
E-mail:
Phone:
Images: These Terms of Service apply to the final artwork and sketches created by the Artist and delivered to the Client
Final Artwork
The final artwork will be shipped to the Client unless drop-off has been agreed to via email. The Client is responsible for shipping costs.
The project price is based upon a negotiated package price which includes initial sketches, one round of revisions for sketches (if applicable) and the final artwork.
The price quoted does not include a combined sales tax of 4.5%. Sales tax will not be applied to non-Louisiana residents. Sales tax will be applied to any invoice sent.
Artist has no obligation to retain or archive any Images delivered to Client.
Deposit & Invoice
A deposit of 50% + sales tax, if applicable is required to commence work. An invoice will be sent to the client along with these Terms of Service. Payment of the initial invoice (deposit) constitutes agreement to these Terms of Service.
An itemized invoice will be provided to the client within three (3) days of project completion, before the final work is delivered. Final payment is required when the work is complete and before the work is delivered to the Client. Payment is accepted via PayPal, credit card payment via Square, venmo and corporate or business checks. Checks will need to clear before the final artwork is delivered.
All fees and expenses payable under these Terms of Service are required no later than fifteen (15) business days from the date on the invoice and irrespective of whether Client makes actual use of the Images.
Revisions
The project price quoted includes one round of sketches and one round of revisions for the selected sketch/layout. Beyond that, the cost of further adjustments will be at $40 per hour.
Copyright & Ownership
Ownership of a physical painting or drawing does not constitute any reproduction rights.
natARTlie (legal name, Natalie Granados) legally owns and reserves all rights to her intellectual property, which is registered with the US Copyright Office.
Any reproductions of the Image (for example: fine art prints, stationery, mugs, business cards, among others...) shall be carried by the Artist (owner of the Image’s copyright).
Unauthorized reproduction or copy of natARtlie’s (Natalie Granados’) images, writings, or trademarks is a violation of US and international Copyright law.
Transfer of rights to reproduce Artist’s work can only be carried out in writing as part of a separate agreement and may include the payment of additional fees.
natARTlie retains the right to use preliminary designs for educational purposes, marketing purposes, portfolio and social media feeds.
natARTlie retains ownership of unused and unapproved sketches.
Where applicable, the client will be given any necessary credit for usage of the project elements.
Any trade-sensitive information, such as product pricing or customer data, shall be redacted by the artist prior to use.
Credits
The following copyright notice: “© natARTlie 2018” will be displayed on the final artwork. This identification shall also be displayed on the final product.
Indemnification
The Client hereby agrees to indemnify and hold the Artist harmless against all liability, cost, loss, expense (including reasonable attorneys’ fees), or damage paid, incurred, or occasioned by any claim, demand, suit, settlement or recovery against the Artist, without limitation, arising out of the breach or claim of breach of these Terms of Service; the unauthorized use of the Images by it or any third party; the manufacture, distribution, and sale of the Images; and for any alleged defects in the Images.
Shipping
The client will assume any shipping or insurance costs related to the project. The artist shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the artist. If such event(s) occur, it shall entitle the artist to extend the completion/delivery date, by the time equivalent to the period of such delay.
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work or binding, the artist will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party. Shipping costs will be covered by the client.
No Exclusivity
This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Artist, and Artist shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by Artist.
Cancellation
In the event of cancellation of the project, the original artwork shall be retained by natARTlie (Natalie Granados), and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.
Cancellation charges for services rendered are as follows:
50 percent if the work is terminated after the first round of sketches is delivered
100 percent if work is terminated at any point once the final artwork is commenced
Confidentiality
All correspondence and documents provided will be treated as confidential between the client and the artist, unless consent has been granted by both parties involved.
No Guarantee
The parties hereto acknowledge and agree that Artist cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, Artist shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. Artist will use its best efforts and does not promise results.
Acceptance of Agreement
The above specifications and conditions are hereby accepted when the Client pays the deposit request (initial invoice). The artist is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above.