Commission Terms

Sami McKay

Commission Terms and Conditions

 

Payment 

Due to the hourly nature of the commission, all quotes are subject to change due to more or less time spent, revisions or further services required beyond what was initially stated 

 

All Payment(s) will be processed through an invoice or transaction sent via one of the following modes of payment: PayPal /Interac- E-Transfer

Any and all labour will take place upon receiving the complete deposit. Deposits made are non-refundable and protect the Artist from unpaid labour. 

Anticipated Completion

 

Due dates must be a minimum of four weeks after the initial deposit is placed. Earlier deadlines cannot be guaranteed.

Late Delivery - ALL attempts will be made to complete the artwork by the quoted date but in the case of unforeseen circumstances, the customer will be notified of any delays within 72 hours of the due date or as soon as a delay is caused. Customer will be reimbursed (or discounted) 10% of the price if it is not delivered on time and the deposit reimbursed (or discounted) IN FULL if it is not completed within 2 weeks of the originally promised due date except in extenuating circumstances. In both cases, customer will still receive the artwork in addition to the discount. This disclaimer only exists for extreme circumstances, artwork is nearly always delivered on time. 

Details of the Artwork  

Reference Photo (s) or Inspirations: The Customer confirms that provided reference photos are of the best quality available, well lit and without significant obstruction such as graininess or blurriness. If the supplied photos do not meet these qualifications, then the insufficiency will be noted below and the customer understands that it may heavily impact the success of the artwork as far as subject recognizability. 

Refusal

Right to Refusal: The Customer retains the right to not purchase commissioned artwork at any time. Please note that any money already paid before refusal, will not be refunded to the Customer under these circumstances. This statement relieves The Artist of being indebted to Customer if this occurs. 

Revisions: Satisfying the customer is of utmost importance but there ARE limits to what will be altered at the request of the customer. The Artist will only make revisions that are within the confines of existing style and that do not clash with the mission or vision of the artist. The artist holds the right to refuse revisions if it is believed that said revisions will ruin the outcome of the piece or serve to damage the artist’s reputation or branding. This is for the intent of staying committed to business purpose and brand.

Completion Approval: Three (3) opportunities for design approval and alterations will occur throughout the commission process.

(1The first opportunity for alteration will occur at the conceptual stage, where the Artist will present conceptual designs displaying the intended concepts. Any and all conceptual alterations must be stated in written form and presented to the artist prior to moving to the next stage. *

(2The artist will present clear linework (the base, flat or loose drawing that does not include finer details, shading colours etc.). Any and all alterations involving harsh lines, layout and any other drawings presented at this stage must be stated in written form during this stage. *

(3The artist will present colours, shading and finer details in a final composition. The client will receive one (1) opportunity to list any and all alterations for this stage, prior to receiving the completed works. *

*One (1) round of revisions per stage is permitted free of charge. Any revisions made beyond this will be charged, in addition to the hourly rate of ($30/hr), $35 per round of revisions. The Customer will be notified of a new completion date at the request of any revisions. The Artist retains the right to refuse alterations for the reasons stated above.

If the Customer has not paid in full upon completion of the works, the images will be heavily watermarked. These watermarks will not obstruct the view of the artwork so much that the Customer will not be able to determine approval.  

Copyright: Artist retains all copyright of the produced artwork. Ultimately this means that the customer has permission to share the work publicly and use it on display for private use but any reproduction of the work, especially reproductions that will be used for profit or commercial uses, is strictly prohibited unless approved by the artist in writing. Failing to do so is a crime and may result in legal action.

Sharing of Art: Social media sharing and other public sharing of artwork are vital for marketing purposes of the Artist. This includes, but is not limited to, artwork potentially being displayed on artist’s Facebook, Instagram, Twitter, TikTok, website, studio, brochures, web and print advertisements and business documents. 

The Customer consents to completed work being used for these purposes.

If there are things that the customer does not consent to being used this way, then they are as follows (This may result in a higher price as it ultimately hurts the Artist’s ability to advertise business representatively): 

 Marketing Exception Fee (if applicable): $20

 Customer Privacy: Sami McKay Art will agree to hold off on the sharing of artwork if that is necessary for the plans of the customer (such as birthday gifts, usage for an event etc). 

Giving Credit: When sharing work publicly, either online or in person, the Customer agrees to give the Artist credit though clear and visible labeling, tagging or verbal acknowledgement. Obstruction or concealment of the signature is prohibited. 

Delivery for PHYSICAL Art:  Expedited Shipping/Delivery will be provided at a delivery fee of $15. Letter Mail (Delivery window of 7-10 business days) will be provided at a fee of $3 for Canadian deliveries and $8 for International shipping.

 Insurance: If getting artwork shipped, please note that Sami McKay Art is not responsible for any possible damage incurred during shipment. Sami McKay Art will pack artwork with the finest packing procedures for fragile materials and label the package “Fragile” but this does not guarantee damage free delivery. Shipping Insurance can be purchased by the customer ahead of time.

$ Extra Fees: Applicable Delivery Fee, Shipping Fee or Shipping Insurance Cost (if desired) due prior to shipping + payment method: 

Delivery for DIGITAL Art: Files will be uploaded to a Dropbox folder or delivered via e-mail. For Dropbox, a link will be sent to the customer for access to this folder. Anybody that receives this link will have access. The Artist will leave the Dropbox folder available for 2 weeks after completion, unless otherwise requested, so it is vital that the Customer downloads the files to a secure location as soon as possible. 

Resending of Digital Art: If the Customer requires the files be sent again at a later date (6+ weeks after completion), the Artist will require a $5 fee. Full rendering, downloading and uploading may be required again which takes significant time and storage fees may apply for DropBox Access.