Custom Art Commissions Terms & Conditions
1. Project Workflow & Approval Stages
To ensure clear communication and satisfaction, all commissioned artwork proceeds through structured stages:
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Brief & Deposit: Work begins once the written commission brief is mutually agreed upon and a [non-refundable deposit of 50%] has been received.
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Preliminary Concept / Rough Sketch: The Artist will supply initial concept drafts or rough compositional sketches. The Client is entitled to two rounds of minor revisions at this stage. Approval of the concept constitutes formal sign-off to proceed to final execution.
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Final Proof & Completion: Upon completion of the artwork, the Artist will provide a watermarked digital preview. The Client is entitled to two rounds of minor adjustments (e.g., subtle colour balance or minor detailing). Major revisions that contradict the previously approved concept sketch are subject to additional artist fees billed at [£60 per hour].
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Final Sign-Off & Dispatch: Final physical printing or delivery of high-resolution digital files will take place only after written sign-off by the Client and receipt of any remaining balance.
2. Client Cancellation & Scope Changes
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Statutory Exclusion: Because custom art commissions are created to the Client’s unique specifications, they are strictly exempt from the 14-day cancellation right under Regulation 28 of the Consumer Contracts Regulations 2013.
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Client Termination: If the Client cancels the commission after work has commenced:
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Cancellations during the Concept Stage will result in forfeiture of the initial deposit.
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Cancellations after approval of the Concept Stage will require payment for all hours worked up to the date of termination, or up to [100%] of the total agreed commission fee if the artwork is substantially complete.
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Abandoned Projects: If the Client fails to respond to approval requests or drafts for more than [30 consecutive days], the project will be deemed completed, the deposit forfeited, and the Artist will be released from any obligation to deliver the final artwork.
3. Intellectual Property, Copyright & Licensing
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Ownership of Copyright: All preliminary sketches, developmental work, and the final commissioned artwork remain the exclusive intellectual property of the Artist. Under the Copyright, Designs and Patents Act 1988, the Artist retains full copyright, moral rights, and all creative authorship at all times.
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Grant of License (Personal Use Only): Subject to full payment of all agreed fees, the Artist grants the Client an exclusive, perpetual, worldwide, non-transferable license to display the physical artwork (or digital deliverable) for strictly private, non-commercial, personal use.
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Commercial Restrictions: The Client may not:
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Reproduce, re-sell, distribute, or license prints or merchandise featuring the artwork.
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Sub-license, edit, crop, adapt, or create derivative works from the artwork.
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Mint the artwork as a Non-Fungible Token (NFT) or ingest the artwork into any artificial intelligence (AI) training model or generative pipeline.
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(Optional Commercial Use Extension): If commercial rights (e.g., book covers, branding, marketing) are required, a separate commercial licensing agreement and fee schedule must be executed in writing prior to publication.
4. Moral Rights & Artist Promotional Use
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Integrity & Paternity: The Artist asserts their moral right to be identified as the author of the work. The Artist’s signature or subtle maker’s mark will remain on the artwork and must not be removed, obscured, or cropped.
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Promotional Display: The Artist reserves the non-exclusive right to display the commissioned artwork (including work-in-progress drafts) in digital portfolios, personal websites, social media platforms, art competitions, and physical retrospective exhibitions.
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Privacy / Gifting Embargo: If the commission is intended as a private gift, the Client may request an embargo date in writing, and the Artist will withhold public portfolio display until that date has passed.
5. Client Warranties on Reference Materials
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The Client warrants that any reference photographs, graphics, trademarks, or materials provided to the Artist are either owned by the Client or licensed with sufficient permission to be used in the creation of the commission.
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The Client agrees to indemnify the Artist against any third-party claims, liabilities, or expenses (including legal fees) arising from copyright or intellectual property infringement related to reference assets provided by the Client.