Terms and Conditions
Note: As a professional artist I have based my terms and conditions on, and I follow CARFAC (Canadian Artists Representation Le Front Des Artistes Canadiens) Best Practices for Canadian Visual Arts Guidelines (Alberta . See their website and references at https://www.carfac.ca/tools/best-practices/
General Purchase information
1. Artwork will be properly packed and include a certificate of authenticity. Artwork can be picked up at the studio in Redwater, or arrangements for delivery can be made with the artist. Within 75km of Redwater artwork can be hand delivered at no extra charge. Shipping can be arranged for distances further than 75 km and charges will be discussed at time of order as the price of shipping/insurance will be included in the total pricing of the artwork.
2. The artwork is copyrighted by the artist; however the artist encourages photos with artist credit of the work (for example on social media) and when possible include artist’s link and website. Please tag the artist.
Sale of existing artwork, either original or limited edition
1. Full Payment will be required upon ordering.
Commissioned Art
1. Artwork will be designed through consultation with client – at which time size and material will be decided. A final price will be quoted in writing. Unless waived, a small maquette or drawings will be provided for proofing sculptures. Upon client’s approval, a 25% commission will be required. If a portrait is requested the artist will require photos (multiple angles that the artist will give directions for). The photos will be returned to client with finished artwork.
2. Final payment (remaining 75%) must be paid before artwork is released to the client.
3. Check In’s and Revisions: Updates will be given regularly as the piece progresses. Near completion the client will be invited to view the piece. In person viewing is always preferred as photos do not do justice to original artwork. As an artist I am committed to creating artwork that meets the expectation of my clients and am I happy to work with them to create valuable and meaningful fine art. Minor changes and adjustments are part of the process and up to 2 rounds of revisions are welcomed. However, the project price quoted does not include an unlimited number of revisions or a complete do over. Beyond that, the cost of further adjustments can be negotiated. This way of doing business works to your advantage as well as mine in that your project is finished in a timely manner and within your budget.
Ownership of artwork
Photos of commissioned artwork in process may be used by the artist for advertising on artist’s website and social media. Once completed the artist will not use images of commissioned art unless the client agrees . No reproductions will be made of commissioned art – they are one of a kind. Copyright remains with the artist/creator (see CARFAC Best Practices notes at bottom) and no reproductions are allowed. Anytime the piece is photographed or on social media the artist shall be credited. Any trade-sensitive information, such as product pricing or customer data is private.
Production schedule/delivery of project
The client will be given an estimated time for completion of artwork usually in a range of dates. If revisions are requested timeline may change and client will be updated. The artist will communicate regularly on progress and notify client immediately if there are any expected changes to completion date. Any pieces done in bronze will need to allow for second party foundry scheduling. The artists cannot control delays in the completion of a project due to actions or negligence of client, foundry delays, unusual transportation delays, unforeseen illness, or external forces beyond the control of the artist. If such event(s) occur, the artist may extend the completion/delivery date by the time equivalent to the period of such delay. If the client would prefer to cancel the 20% deposit will not be refunded.
Claims period
Claims for defects of the art must be made by the client in writing (email is acceptable) within a period of ten (10) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute acceptance of the artwork.
**If artwork is damaged after the 10 days – please contact the artist. Repair or replacement is decided on a case by case basis, but again it is my goal to work with my clients to provide a lasting piece of fine art.
Declining Artwork
If upon completion of a commissioned piece the client is unhappy with the result, they have the right to decline the piece. The 25% down payment will be treated as the administrative/materials fee and will not be refunded however the 75% owing will be cancelled (unless the order is for multiple copies - then additional material fees will be charged). The artist then holds all rights to do as they please with the artwork.
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.
Disputes
The artist will do their upmost to negotiate any disputes with the client. If this is unsuccessful mediation will be the 2nd course of action.
CARFAC Best Practices Recognizes:
COPYRIGHT, ARTISTIC The right to authorize reproduction of an artwork and/or to benefit from such authorization. In Canada, copyright belongs to the creator of the work except under certain circumstances specified in the Copyright Act of Canada. In Canada, copyright includes moral rights and the exhibition right (see also Exhibition Royalty; Moral Right).
COPYRIGHT ROYALTIES These cover Exhibition Royalties (fees) for the presentation or exhibition of artwork, and Reproduction Royalties (fees) for when artworks are reproduced. Exhibition Royalties are essentially copyright fees and payment is required by the Canadian Copyright Act for the use of work created after June 7, 1988 in an exhibition in a public space where the gallery receives public funds. The Exhibition Fee only applies when the artwork shown is not being actively presented for sale or hire. When art works created after June 7, 1988 in a gallery’s permanent collection are exhibited, a Permanent Collection Exhibition Royalty fee is required to be paid unless some other agreement exists.
EXHIBITION (ROYALTY) FEE(S) Often known as Exhibition Fees, An Exhibition Royalty is a copyright fee paid to an artist for the exhibition of their art. See Copyright Royalties and Artists’ (Professional) Fees
MORAL RIGHTS Bundle of rights reserved by the artist including: integrity, authorship and association which is included in the Canadian Copyright Act. Moral rights are inherent in copyright. Moral rights may not be sold or licensed, though the artist may choose not to exercise them. Moral rights are defined in the Copyright Act and include: 1. The right to protect your artwork against distortion, alteration or mutilation in a way which prejudices your reputation, 2. The right to associate your name as the author of your work or remain anonymous if you choose, and 3. The right to protect your visual image from association with a cause, a product, service, or institution to which you are personally opposed.