Artwork Commission Agreement
DESCRIPTIONS OF SERVICE
The Work, to be created by the artist, shall be an original Artist work with the details agreed upon prior to starting the Work.
Artist agrees to furnish the Commissioner with progress reports during the creation of the work, which can include pictures of the work in progress. The pictures may be digital images and sent by email or other digital means. A progress report will be sent upon request by the commissioner, but no more frequently than once every three days.
Upon final payment for the Work, the Purchaser becomes the legal owner of the Work with all rights and privileges, with the exceptions noted below.
Artist retains all copyright rights and rights to reproduce the Work in all forms.
The Artist has the right to put his name and the year of completion on the Work in a permanent fashion – Placement and size to be determined.
The Purchaser will not permit any use of the Artist’s name or misuse of the Work which would reflect or discredit on his reputation as an artist or which would violate the spirit of the Work.
Upon completion of the Work, the Commissioner will receive a high resolution digital image via email of the Work. If the Commissioner has also requested to have the original physical Work delivered, the Commissioner agrees to pay for all shipping cost and a physical work deliverable fee of fifteen US dollars.
The commissioner agrees to pay for the Work prior to creation of the Work in full via a payment method, as listed below. All payments are NON-REFUNDABLE and all sales are final. If the Commission has paid via PayPal and performs a chargeback of any type – the Commissioner agrees to pay all fees, fines, and costs associated with the recovery of payment of the Work. The Artist reserves the right to pursue all legal options to recover the payment of the Work.
Accepted payment methods are: Cash, Check, e-Check via PayPal, Credit/Debit Cards via PayPal, PayPal Balance or another method agreed upon by the Artist and Commissioner.
The following art genre the artist has the right to refuse to do: Lolicon/Shotacon – anything sexual involving children, all genres classified as legal in the United States and the State of Illinois, Vorarephilia, Scat, Incest, Bestiality and/or Rape.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, JOHN Z. SCOTT / JZ SCOTT MEDIA PRODUCTIONS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOHN Z. SCOTT / JZ SCOTT MEDIA PRODUCTIONS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part.
The validity of this agreement and of any of its terms, as well as the rights and duties of the parties under this agreement, shall be governed by the laws of the State of Illinois.
January 11, 2011