All artwork will be created to client specifications. The client will provide suitable (as determined by Michael Lodge Art) photo references to Michael Lodge art and/or accommodate a photo shoot to provide suitable photo references. The cost of the photo shoot will be incurred by the client. If the client requires Michael Lodge Art to carry out the photo shoot, a separate fee will be charged for the service in addition to the fee for the artwork itself. This fee will cover the costs of travel, equipment and time.
Michael Lodge art uses high-quality art material at all times. Pastels, oil paints, watercolour, canvas, paper and sculpture materials used by Michael Lodge Art are all high end artists’ quality.
Project Price and Payment Terms
The project price is based upon the criteria specified by the client in the website’s Order Form. Any change to the specifications may result in a price adjustment. Additionally if you choose PayPal as your form of payment, there is a service charge that will be computed based on the total payment. This will be itemized and added to the final invoice.
Final Payment Terms
An itemized invoice will be provided to the client within three (3) days of project completion, before the final art is given to client. A deposit of 50% is required to commence work. Final payment is required when the work is complete. In addition to PayPal, I also accept cheques, cash and email money transfers. Cheques will need to cleared before the final art is sent. Due to the custom nature of the artwork done by Michael Lodge Art, there are no refunds given under any circumstances (except for *Unforeseen).
The project price quoted does not include an unlimited number of revisions. One set of revisions may be made so long as the changes are minor. A reworking of the artwork is not included in the quote. Any major reworking will involve a price readjustment to accommodate the extra time involved for Michael Lodge Art.
Ownership of Artwork/Files
Until full payment has been made, Michael Lodge Art retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork. Michael Lodge Art retains the full copyright of artwork which includes the right to use the completed project and any preliminary art for the purpose of competitions, future publications on art, educational purposes, marketing materials and portfolio.
Michael Lodge Art retains copyright on all art at all times. Once the client has paid in full, they obtain ownership of the art. They do not have copyright permissions for the art. The art may NOT be reproduced and/or distributed by the client in any way. If the client wishes to reproduce the purchased art, a separate negotiation and agreement must be made with Michael Lodge art in which a separate copyright fee will be paid by the client to Michael Lodge art for the rights to reproduce.
Production Schedule/Delivery of Project
The client will assume any shipping or insurance costs related to the project. They may choose to collect the art in person in which case, there will be no shipping or delivery charge. In some cases, there may be the option to have the art delivered in person by the artist to the client. In this case, the client will pay for transport costs incurred by the artists including, but not limited to, time, public transport, petrol and food. The artist will provide copies of receipts as proof of expenses incurred. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. 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 or delivery of the art, the artist will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party. Shipping will be paid for by the client before the item is shipped out.
Due to the custom nature of all artwork done by Michael Lodge Art, there are no returns accepted on any items.
In the event of cancellation of the project, ownership of all copyrights and the original artwork shall be retained by Michael Lodge Art (Michael Lodge), and a fee for work completed, based on the contract price, hours worked to date and expenses already incurred, shall be paid by the client. The 50% deposit is nonrefundable. There is also a kill fee of 25% of the outstanding balance owed on the agreed price in addition to the items highlighted above. Michael Lodge Art reserves the right to cancel a project if the client does not provide him with what he needs in order to complete the project in the agreed upon time. Failure to respond to communications and/or requests, failure to pay on time, bounced cheques, failure to adhere to agreed upon commitments such as meetings, photo shoots etc.. constitute a lack of cooperation on the part of the client. Should the client need to reschedule a prearranged commitment with Michael Lodge Art, they must give him 24 hours notice.
In the event of an unforeseen delay caused by an act of god such as illness, injury, fire, flood or anything beyond the control of Michael Lodge Art, the client agrees to extend the completion/delivery date by the time equivalent to the period of such delay. Should Michael Lodge Art be unable to complete the job within the extended time frame for any reason beyond his control, the client will be given a full refund.
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.
Acceptance of Agreement
The terms and conditions stated apply to and are excepted by the client whether or not they have read them.
General website terms
Unless otherwise stated, Michael Lodge Art and/or it’s licensors own the intellectual property rights for all material on Michael Lodge Art. All intellectual property rights are reserved. You may view pages from http://www.irishartistmichaellodge.com for your own personal use subject to restrictions set in these terms and conditions. You must not:
• Republish material from http://www.irishartistmichaellodge.com
• Sell, rent or sub-license material from http://www.irishartistmichaellodge.com
• Reproduce, duplicate or copy material from http://www.irishartistmichaellodge.com
Redistribute content from Michael Lodge Art (unless content is specifically made for redistribution).
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.