OBLIGATION OF THE CLIENT:
- Client shall collaborate with the Artist and provide a good quality photograph(s) or reference(s) needed for the making of the artwork.
- Client shall make a payment of a non-refundable fifty percent (50%) deposit of the agreed upon price of the artwork to the Artist before any work can be started. The rest fifty percent (50%) of the payment is due upon completion of artwork.
- Any major changes that Client requests of the Artist, will result in paying the Artist an additional fee depending on the nature of the modification and size of artwork to create the change or changes.
- The Client understand that the Artist has the right to hold/keep the artwork if the Client does not pay the invoice amount within fourteen (14) days.
- The Client also understand that the artwork shall only be delivered once the invoice is paid in full.
- (Mural) Client shall hire and compensate any additional labor services necessary for preparation of the surface where the mural will be located.
- (Mural) Client shall secure any building permits necessary for the lawful creation and execution of the work and shall provide OSHA compliant scaffolds to work on when necessary.
- Client shall bear the expense of any transportation or living costs incurred by the Artist away from his/her home or studio, sales taxes, or customs duties, in so far as such expenses are reasonably incident to, or entailed by, the Artist’s creation or delivery of the work.
- By agreeing to this term, the Client is aware of the artistic style of the Artist doing the work.
OBLIGATION OF THE ARTIST:
- Artist shall collaborate with the Client to come up with the best idea for the artwork.
- Upon receiving a non-refundable fifty percent (50%) deposit from the Client, the Artist shall immediately start the project and finish within the agreed time frame.
- Artist shall create the artwork, or in certain circumstances oversee the work of a hired sub- contractor/assistant.
- Artist shall not disclose any of the Clients’ personal details, addresses, contact or any information about this contract and will not be forwarded to any third parties without a written permission.
- In the event the artist is unable to start/finish the artwork due to unforeseen circumstances. The artist shall notify the client as soon as possible and will offer a full refund.
- Once the invoice is paid in full amount. The Artist shall deliver the final artwork to the client via shipping method if necessary.
- The Artist shall notify the client upon delivery of the artwork. Providing the Client, a tracking number and/or receipt of the shipment if necessary.
- If Both Client/Artist requires any addition/changes not covered in this terms. It shall be made in writing requiring the signature of both Client/Artist.
- Client shall not disclose any of the Artist’s personal information not listed on this site and will not be forwarded to any third parties without a written permission.
- Artist shall not disclose any of the Clients’ personal details, addresses, contact or any information and will not be forwarded to any third parties without a written permission.
- All commissions and sales are final. There are no returns and no exchanges.
GENERAL TERMS AND CONDITIONS:
- 1. Reservation of Rights: All rights not expressly granted above are retained by the Artist, including any electronic rights or usage, and including, but not limited to, all rights in sketches or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee. The Artist shall be entitled to reasonable advance notice of any publicity or photographic reproduction of the work. As well as, be entitled to customary and appropriate identification as the creator of the work. The Artist has the right to display all artworks for promotional use in BantigueARTS.com, all online social media affiliated with BantigueARTS and Artist hard copy portfolio.
- 2. Revisions: Revisions may be made only by the Artist at the sketch stage. Additional fees will be charged for revisions made after sketches, and for revisions reflecting a new direction to the assignment, or new conceptual input.
- 3. Payment terms: The Client agrees to pay BantigueARTS a non-refundable deposit of fifty percent (50%) before the job begins. The rest fifty percent (50%) of the payment is due upon completion of work. The Client's right to use the artwork is conditioned upon receipt of payment within the day of acceptance, and upon Client's compliance with the terms of this agreement. All other additional expenses such as materials, shipping, any changes and NC state tax of 4.75% will be provided by the Client or charge to the Client. The Client will not receive the complete work until he/she has paid the full amount. Invoices are to be paid in full by the Client within fourteen (14) days of the date on the invioce (This includes all other expenses such as materials, shipping, any changes and NC state tax of 4.75%). Unpaid charges or invoices will be pursued; after a fair and reasonable time, if invoices are still not paid, legal action may be taken.
- 4. Accepted form of payments: Accepted form of payments are PayPal, Cash or Checks. If the Client choose PayPal as a 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. If the Client choose checks as a form of payment, the artwork shall not be released until the check is cleared.
- 5. Exemptions: Military personnel and other Clients not residing in the state of North Carolina is exempted from state tax of 4.75%.
- 6. Cancellation and Kill Fees: Cancellation ("kill") fees are due based on the amount of work completed. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation or kill, all rights to the art revert to the Artist and all original art must be returned, including sketches or other preliminary materials.
- 7. Permissions and Releases: The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
- 8. Production schedule/delivery of project: The client will assume any shipping or insurance costs related to the project. 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.
- 9. Death and disability: In the event of an incapacitation, illness, or injury of the artist and a delay arising there from in the execution of the work, the Artist shall notify the client of such delay. In the event of the Artist death, his/her estate shall retain any payments made therein.
- 10. Claims period: Claims for defects, damages and/or shortages must be made by the Client in writing 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 irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. Additionally, the Artist does not offer warrantee to any custom design work such as art/designs on shoes, helmets, cloth materials and any tangible object owned by the client.
- 11. Proofing of final project: The Artist shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
- 12. Miscellany: This agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties. No terms attached to any check for payment under this agreement can modify the agreement except under an independent instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in Raleigh, North Carolina under the rules of the American Arbitration Association and the laws of North Carolina. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of North Carolina and courts of such state shall have exclusive jurisdiction and venue.