Terms of Service for Commissioned Artwork
1. Introduction:
Welcome to Maya’s Art Studio. We’re honored that you’re considering us to immortalize memories and moments into watercolor masterpieces. By choosing our services, you’re agreeing to the terms outlined below.
2. Our Services:
At Maya’s Art Studio, we believe that each painting is more than just strokes on a canvas—it’s a living masterpiece that captures the soul of its subject. Maya’s recognized talent in art competitions and her widespread acclaim on social media attest to her ability to breathe life into every artwork. To achieve this transcendence, it’s essential for Maya to connect deeply with the subject. Therefore, we encourage sharing stories, anecdotes, and multiple reference photographs to allow her to weave the spirit and personality of the subject into the art.
While the creative process is collaborative, the final artistic decisions rest with Maya. We value your input and will strive to incorporate your vision, but the essence and interpretation remain the artist’s prerogative.
3. Pricing and Payment:
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Pricing Structure: Our pricing is dynamic and influenced by factors like size, complexity, and specific client requests. For a comprehensive breakdown, please refer to our “commission me” page on the website.
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Special Requests: If your desired artwork has unique requirements not explicitly addressed on the pricing page, these will be discussed and negotiated on an individual basis.
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Waiting List: To secure a position on our waiting list, we require full payment in advance. This ensures commitment from both parties and allows Maya to focus on crafting your masterpiece.
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Accepted Payment Methods: We currently accept a variety of payment methods for your convenience, including Venmo, Zelle, PayPal, BTC, and Eth.
4. The Artistic Journey:
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Waiting List: Once your payment is processed, you will be graciously added to our waiting list. This list allows us to give each artwork the time and attention it deserves.
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Progress Updates: We value your anticipation. To keep you in the loop, notifications will be sent as Maya embarks on the artistic journey for your piece, and another as she nears its completion.
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Delivery: Upon finishing, artworks are meticulously prepared for dispatch. If you’ve chosen to frame your masterpiece, it will be sent framed. Otherwise, it will be securely packed in a protective shipping box to ensure it reaches you in pristine condition.
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Shipping: We’ve got our clients in the US covered — shipping within the country is on us. For our international art aficionados, additional shipping charges will apply.
5. Revisions and Refunds:
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Nature of Watercolors: Watercolor is a unique and delicate medium. While it offers a certain fluidity, it also has limitations. Hence, we can accommodate a single revision to the artwork.
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Client Satisfaction: Your happiness matters to us. If, after the revision, the artwork doesn’t align with your vision, we offer a 50% refund. However, in such situations, Maya’s Art Studio retains the rights to the artwork and may choose to display, archive, or resell it.
6. Copyright and Usage:
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Ownership: The intellectual property of the artwork, represented by its copyright, remains with Maya’s Art Studio unless a separate agreement dictates otherwise.
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Personal Usage: We encourage you to cherish, display, and share your commissioned artwork for personal purposes. However, if you’re looking to use it commercially, you’ll need our explicit written consent.
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Studio Rights: Maya’s creations are not just art; they’re also educational tools and sources of inspiration. She retains the right to use the commissioned artwork for diverse purposes, including education, portfolio display, and other reproductions, unless a different arrangement is agreed upon.
7. Disclaimers and Warranties:
All services and artworks provided by Maya’s Art Studio come “as is.” We do not offer any explicit or implicit warranties or guarantees regarding the durability, longevity, or any other aspect of the artworks.
8. Indemnification:
Clients agree to defend, indemnify, and hold harmless Maya’s Art Studio, its affiliates, and their respective directors, officers, employees, and agents from any claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees, arising in any way from their misuse of the commissioned artwork or breach of these terms.
9. Limitation of Liability:
While every artwork is crafted with care, Maya’s Art Studio is not responsible for damages incurred during shipping or the natural aging process of the materials used in the artwork.
10. Termination of Service:
Maya’s Art Studio reserves the right to cease providing services to any client, especially if they fail to adhere to these terms or exhibit behavior that we deem inappropriate or harmful.
11. Dispute Resolution:
Should any disagreement arise from these terms or the use of our services, the parties agree to engage in good faith discussions before resorting to mandatory arbitration in California, in accordance with local regulations.
12. Age Limitation:
To commission a painting from Maya’s Art Studio, clients must be at least 18 years of age. We cannot enter into a service agreement with minors.
13. Force Majeure:
In the event of unforeseen circumstances beyond our control, such as natural disasters, pandemics, or other “acts of God,” Maya’s Art Studio will not be held liable for delays or failures in performing its obligations.
14. Severability:
If a provision of these terms is determined to be unlawful or unenforceable, the remaining provisions will continue to be in full force and effect.
15. Third-party Links:
Our website may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of any third-party service.
16. Refund Policy:
While we offer a 50% refund under specific conditions, any other scenarios warranting a refund will be considered on a case-by-case basis and agreed upon between Maya’s Art Studio and the client.
17. Governing Law:
These terms, and any disputes arising from or relating to them, are governed by the laws of California, USA, without regard to its conflict of laws rules.
18. Privacy Commitment:
We are committed to safeguarding your personal information. For a comprehensive understanding of how we collect, use, and protect your data, please review our Privacy Policy.
19. Changes to Terms:
As the art and legal landscapes evolve, so might our terms. Please revisit this page periodically. Your continued engagement with our services indicates your acceptance of any modifications.
20. Contact:
Should you have questions, require clarifications, or wish to discuss artworks, you’re welcome to contact us at sales@mayasartstudio.com