EMERGENCY COMMISSIONS - 8/10 Slots remaining

Terms of Service for Oil Painting Commissions

Last Updated: 03/12/2025

These Terms of Service ("Agreement") govern the oil painting commission services ("Services") provided by Jazmin Marie Saunders ("Artist") to the client ("Client"). By commissioning an oil painting, the Client agrees to be bound by these terms.

1. Commission Process

  • Initial Consultation: The Client must provide clear instructions, including reference photos, descriptions, and any other specifics for the painting. The Artist will review the provided materials and confirm the scope of the work, ensuring the commission is based on the Client’s vision.

  • Size and Price:

    • The size of the oil painting will be fixed at 12 inches by 12 inches on canvas.

    • The fixed price for the digital image of the painting is $150.

    • The fixed price for the final oil painting is $550.

  • Deposit and Payment: A non-refundable deposit of $150 is required to secure the commission and begin the work. The remaining balance of $400 for the oil painting can be paid in installments through a payment plan. The full amount must be paid before the final painting is delivered.

  • Payment Methods: All payments will be made via PayPal Invoice. The Artist will provide the Client with a PayPal invoice for the deposit and subsequent payments.

2. Payment Plan for Oil Painting

  • The Client has the option to pay the $400 remaining balance for the oil painting in installments.

    • The payment plan terms, including amounts and due dates, will be agreed upon between the Client and the Artist at the time of the initial invoice.

    • The Client must complete the full payment of the $400 balance before the final oil painting is delivered.

  • Upfront Payment: The $150 deposit is due at the time of placing the order, and no work will begin until this deposit is received.

3. Revisions

  • No Revisions: As part of this commission, the Client understands and agrees that no revisions or alterations will be made once the painting is started. The Artist’s work will reflect the Client's instructions and provided reference images, but any changes to the final work after approval of the initial materials will not be accepted.

4. Artistic Interpretation and Likeness

  • Artistic Style: The Client acknowledges and agrees that the painting will be created in the Artist’s unique artistic style. The Artist will interpret the reference images and instructions creatively, which may result in variations from the provided reference images.

  • Likeness: While the Artist will strive to capture the essence and features of the subject, an exact likeness is not guaranteed. The final painting will reflect the Artist's interpretation and artistic approach to the subject.

5. Pricing and Payment

  • Commission Fees:

    • The fixed price for the digital image of the painting is $150.

    • The fixed price for the final oil painting (12x12 inch canvas) is $550.

  • Payment Methods: All payments will be made through PayPal Invoice only. The Artist will send an invoice for the deposit and subsequent payments.

  • Refunds and Cancellations: The initial deposit of $150 is non-refundable. If the Client wishes to cancel the commission after work has started, the deposit will not be returned. If the work has not yet started, the deposit may be refunded at the Artist's discretion.

6. Shipping and Delivery

  • Shipping Costs: The Client is responsible for covering the cost of shipping, packaging, and insurance for the delivery of the completed painting if they are not picking it up. Shipping fees will be provided before the final payment is made.

  • Free Pickup (Atlanta Area Only): The Client is eligible for free pickup of the finished painting within the Atlanta area. Pickup arrangements must be made with the Artist once the painting is complete.

  • Delivery Timeframe: Delivery times vary based on location. The Artist will provide the Client with an estimated shipping date once the painting is finished and paid in full. If the Client chooses free pickup, the Artist will arrange a time for the Client to collect the painting.

  • Damage During Transit: The Artist will take all necessary precautions to ensure the painting is properly packaged. However, once the painting is shipped, the Client assumes responsibility for any damage or loss that may occur during transit. The Artist recommends purchasing insurance for the shipment.

7. Drying and Curing of Oil Painting

  • Drying Time: Oil paintings require an extensive curing process. The Artist notes that oil paintings can take between 3 to 6 months to fully dry and cure. During this time, the painting should be handled with care and should not be exposed to excessive heat or moisture. The Artist will advise the Client when the painting is ready for handling or framing.

8. Ownership and Usage Rights

  • Copyright and Ownership: The Artist retains full copyright, ownership, and all rights to the oil painting, including the right to reproduce, display, and use the painting for promotional or commercial purposes. This includes the right to use images of the painting in portfolios, websites, social media, or any other promotional materials.

  • Client Usage: Upon payment of the full commission fee, the Client receives the right to use the physical painting for personal, non-commercial purposes, such as display in their home or gifting to others. Commercial use, reproduction, or distribution of the painting is prohibited without prior written consent from the Artist.

  • Option to Purchase Full Rights: If the Client desires to obtain full copyright ownership, including the right to reproduce and distribute the painting for commercial use, an additional fee will be required. This fee will be negotiated depending on scope of use, and it must be agreed upon and paid in full prior to the completion of the painting.

9. Quality and Satisfaction

  • Quality Guarantee: The Artist will create the painting to the highest standards of craftsmanship and quality. However, due to the nature of oil painting, slight variations in color, texture, and detail may occur compared to the reference image provided.

  • Client Satisfaction: The Client acknowledges that the Artist’s interpretation will be an artistic creation based on the Client’s instructions and reference materials. The Artist cannot guarantee a perfect likeness to the reference images or an exact replication. The Client agrees to accept the final work as an artistic interpretation of the subject.

10. Liability and Dispute Resolution

  • Liability: The Artist is not responsible for any damages, injuries, or losses that may occur as a result of the commission or delivery process.

  • Dispute Resolution: Any disputes arising from the commission should first be addressed through amicable negotiation. If a resolution cannot be reached, both parties agree to resolve the matter through mediation or arbitration, rather than through legal action.

11. Changes to Terms

The Artist reserves the right to modify or update these Terms of Service at any time. Any changes will be communicated to the Client, and the updated Terms will be effective upon notification.

12. Agreement

By commissioning an oil painting from Jazmin Marie Saunders, the Client acknowledges and agrees to the terms outlined in this Agreement.