Terms of Service
Effective Date: 08/20/24
Welcome to Art By Audie (www.liveartbyaudie.com). These Terms of Service govern your use of our website, services, and any content or products provided by Art By Audie. By accessing or using the Website, you agree to comply with and be bound by these Terms.
1. Services
Art By Audie offers live event painting services, custom art commissions, and the sale of original artworks. Specific terms related to each service, including pricing, scope of work, and delivery timelines, will be outlined in individual contracts or agreements.
2. Bookings and Payments
Booking: To secure a booking for Live Event Painting or a custom commission, a non-refundable deposit of 20% for Live Event Paintings and 50% for commissions is required at the time of booking.
Final Payment: The remaining balance is due 2 weeks before the event date or delivery of the final artwork if it is a studio commission. Payment methods accepted include all major credit/debit card organizations as well as direct bank transfer.
Cancellations: If a booking is canceled by the client, the deposit is non-refundable. Cancellations made less than 30 days before the event or project commencement may incur additional charges.
Refunds: All sales are final, and no refunds are provided once the final artwork has been delivered. However, if the painting is damaged during shipping, I will gladly repair or redo the artwork at no additional cost.
3. Intellectual Property
All artworks created by Art By Audie remain the intellectual property of Audie, even after the sale or delivery of the artwork. Art By Audie reserves the right to use images of the artwork for promotional, portfolio, and marketing purposes unless otherwise agreed upon in writing.
Clients are granted a non-exclusive license to display the purchased artwork for personal use. Reproduction or commercial use of the artwork is prohibited without explicit permission from Art By Audie.
4. Delivery and Shipping
Shipping: Shipping is included in the price of the Live Event Painting service but not for commissions. Art By Audie ensures that all paintings are carefully packaged and shipped with appropriate carriers to minimize the risk of damage. In the event of damage during shipping, I will repair or redo the painting at no additional cost to the client.
Delivery Timeframes: Estimated delivery times for custom commissions or live event paintings will be outlined in the individual contract. Delays caused by unforeseen circumstances will be communicated promptly.
5. Client Responsibilities
Event Details: For live event paintings, the client is responsible for providing accurate details regarding the event location, time, and any specific requirements.
Art Direction: Clients are encouraged to provide input and direction, but final artistic decisions remain at the discretion of Audie. Excessive revisions or changes requested after the initial agreement may result in additional charges. Small revisions and changes are included in the price.
6. Limitation of Liability
Art By Audie is not liable for any indirect, incidental, special, or consequential damages arising from the use of our services or products. Our liability is limited to the total amount paid by the client for the specific service or product.
In the event of a dispute, the client agrees to first attempt resolution through informal communication with Art By Audie before pursuing any legal action.
7. Website Use
Content: All content on the Website, including text, images, and design, is owned by or licensed to Art By Audie. Unauthorized use or reproduction of this content is prohibited.
User Conduct: You agree to use the Website in a lawful manner and not to engage in any conduct that could damage or impair the Website or its functionality.
8. Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.
9. Modifications to Terms
Art By Audie reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on www.liveartbyaudie.com. Your continued use of the Website or services after any changes constitutes your acceptance of the new Terms.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Stanislaus County, California.
11. Contact Information
If you have any questions or concerns regarding these Terms or our services, please contact us at:
Art By Audie
Email: liveweddingartbyaudie@gmail.com
Phone: (570) 452-4431