These terms and conditions are intended to be common-sense and to protect both parties in the event of any disputes. If you have any queries, please contact Rosie on the number given in point 21 below. Many thanks.
Terms and Conditions for Commissioning a work of art from Rosie Alcock
Definition of Parties:
Artist refers to Rosie Alcock in all instances on this page.
Commissioner refers to the individual seeking to commission an original and individual commission from Rosie Alcock.
Definition of terms:
Commission, work, artwork, item refer to the piece of art being commissioned by the commissioner from the artist.
1. A deposit of 20% is payable once a commission is agreed and is non refundable. This contract of agreement between the artist and the commissioner will commence once the deposit is paid.
2. The artist will complete the commission as agreed with regard to number and scale of subjects, medium and support, and size.
3. The artist will submit preliminary studies of the portrait to the commissioner in jpg form via email or SMS and will change the composition etc. upon discussion until both parties are satisfied. Preliminary studies will be submitted within 2 weeks of the commission being agreed.
4. The commission will be completed by a date agreed by both parties. If the artist has many commissions to work on, it may not be possible to complete the commission in question by a particular date but all effort will be made by the artist to agree a date that is convenient.
5. The commissioner will be consulted at the final stage where rectifications can be made before completion. If the commissioner is unhappy with the commission, he or she may terminate the agreement but agrees to pay the artist for work done up to that stage of completion.
6. Positive verbal, email or SMS response to an image of the completed commission will be taken as formal acceptance of the completed work.
7. Delivery costs to mainland UK are included in the commission fee quoted, however, should an item require personal delivery or to be sent outside of the UK then both parties will agree on an additional sum to be paid that will reasonably cover these additional costs. The commission will be sent recorded delivery but cannot be insured for the actual cost due to legal restrictions. In the event of non delivery, the artist will do everything in her power to investigate reasons and rectify the situation. Significant delay in delivery (over 2 weeks from the agreed date) through the actions of the artist will result in a 10% discount being made on the full commission fee.
8. The commissioner agrees to pay the artist the agreed fee upon completion of the commission by cheque, bank transfer or cash payment.
9. If the brief for the commission is changed significantly by the commissioner after the commission has commenced, the artist reserves the right to increase the fees to reflect the extra work undertaken.
10.The artist guarantees that the work will be an original by the artist and does not infringe the copyright or other rights belonging to any third party.
11. Should the artwork become defective within a 12 month period from completion due to faulty workmanship or materials, the artist will rectify or repair any faults. Accidental or deliberate damage is excluded.
12. The artist is to be notified if the work is to be sold.
13. All copyright pertaining to the commission is reserved by the artist. Commercial reproduction of the commission is prohibited but occassional small scale reproduction for personal is permitted at the discretion of the artist. Commissioned work may be reproduced by the artist for promotional purposes or publicised on the internet. If the commissioner would prefer not to have the commission used in this way due to the personal content of the image then this can be discussed and agreed on with the artist. Any reproduction of the artwork must credit the artist by name.
14. Gift vouchers may be exchanged for any item of artwork created by Rosie Alcock - unless otherwise stated. Vouchers are valid for 12 months from date of issue.
Rosie Alcock accepts no liability for vouchers lost or stolen. Rosie Alcock reserves the right to refuse any vouchers which are damaged, altered or defaced. Original vouchers signed and recorded by Rosie Alcock will be accepted only. Vouchers cannot be exchanged for cash nor can cash be refunded for an unused part of the voucher.
15. The agreement will automatically terminate on the death or incapacity of the artist and the artist or her estate will receive any payments due up to the date of death or incapacity and the commissioner may keep the work in progress and any preliminary designs. The artist and/or her estate retains the copyright of the work in such an event.
16. In the event of the commission being uncompleted for reasons other than those stated in point 15 above, the artist retains the copyright and legal ownership of the work and has the sole right to complete, exhibit or sell the work.
17. Neither the artist or the commissioner will be treated as being in breach of contract in the event that completion of the work is delayed due to any cause beyond reasonable control such as extreme weather, break out of war or similar circumstances.
18. This agreement can be terminated by either party if the other party has breached the agreed terms of this contract or if the initial designs are not accepted by the commissioner. In such case, the artist must be paid for the time spent on the commission to the point of termination if this amount exceeds the deposit paid which is non refundable. If the artist voluntarily terminates the contract then the artist agrees to return any fees paid in advance for work not yet completed.
19. All changes or modifications to this agreement must be agreed by both parties in writing.
20. Any disputes over this agreement will be settled through the use of third party legal providers.
21. Agreement to these terms and conditions will be seen as accepted through the submission form being completed or through positive assertion they have been read and understood in an email to the artist. Any queries about any of the points made above should be directed to Rosie Alcock who can be contacted on +447912369467 or at rosie.alcock74 (at) gmail.com
22. These terms and conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.