1. A deposit of half of the total value of a commission will be invoiced when the Client signs to start the agreed painting(s). The remainder including any additional charges will be invoiced on completion.
2. All invoices are paid before the day of receipt of painting(s) unless otherwise negotiated with the artist.
3. Any delay caused by late payments are the responsibility of the Client.
4. Any significant changes to the design of works after the first meeting and distillation of information could delay the process of painting and will in turn increase the cost of the overall project.
5. If the Client needs to cancel or reschedule an appointment, we kindly request 24 hours notice.
6. All sketches and photographs and reference material completed during the Design period remain the property of the artist.
7. The artist retains copyright ownership and the right to include the painting image in her portfolio, website, printed marketing material, and on social media. However, anonymity will be maintained should it be requested by the Client.
8. If the painting is from an image provided by the Client, the Client agrees that it is there responsibility to make the necessary checks that the image is copyright free and/or that the Client has permission to use and supply the image to the artist. The artist accepts no liability for any copyright issues that may arise, liability lies with the Client.
9. Should the opportunity arise for the completed painting to be included in an exhibition, the artist will contact the Client to seek permission. If agreed, the artist will arrange and cover and necessary transportation and insurance for the duration of the loan.
10. We kindly ask to take photographs of your development/ workplace/ home at the close of the project. These images may be used in future publications related to Macfadyen, for our website, social media and printed materials. Anonymity will be maintained should it be requested by the Client.
11. All design ideas presented or discussed with clients are copyrighted by Rachel Macfadyen. Rachel Macfadyen retains ownership of the intellectual property of her work unless Rachel Macfadyen signs a written agreement that transfers ownership of the intellectual property to the Client.
12. Macfadyen / Herman will coordinate the shipment of paintings from the Studio to the Clients destination, or will liaise for these to be collected by the Client / Client’s contractor.
13. All orders must be signed for by the Client on receipt of delivery.
14. In the event that we are unable to deliver the paintings or the client is unable to collect, the client agrees to pay any incurred delivery charges.
15. Whilst every effort is made to ensure that all pieces arrive in perfect condition, Clients are responsible for arranging their own insurance for the transportation of completed works.
16. Overseas shipments (outside the UK) may be subject to import duties and taxes according to the laws of the destination country. Any additional charges are at the customers expense.
17. The Client is responsible for inspecting all paintings at the time of delivery. If quality issues arise after the item is delivered the Client will be responsible for coordinating and exchange or returns.
18. If a painting does have to be returned for any reason the Client is responsible for packing and arranging return by the same service used to deliver to them. If a refund of payment is warranted this is at our discretion, and if agreed would be minus the cost of shipping/ transportation and PayPal fees if applicable.
19. We will not be held responsible for any delays due to order processing, fabrication of bespoke canvasses, or frames, shipping, receiving, delivery or contractors. The Client will be notified of all known delays to the best of our ability.
20. If the Client reduces the scope of the commission after receiving our Terms and Conditions and has paid the initial first payment to us, the original contract is null and void and monies paid are non refundable.
21. For any correspondence such as e-mails phone calls or texting, we will respond during our normal business hours of 9am-5.30pm Monday to Friday. Any correspondence received outside of those hours will be answered within 24hours.
22. Our Clients receive these terms and conditions with the proposal for their painting(s).Each provision of these agreement terms shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision in the Terms and Conditions is held invalid or unenforceable, the remainder of this agreement shall nevertheless remain in full force and effect and the valid or unenforceable provision shall be replaced by a valid or enforceable provision.
The following services are optional extras, incur additional costs and will be invoiced with the Clients final payment at completion of the painting(s).
1. The artist is often approached for framing advice, and can organise bespoke framing on request, for an additional fee.
2. A Hanging service is available on request.
3. The Client will be charged for our time on site overseeing the hanging of paintings. This will generally take place on one pre arranged date.
4. The Client is responsible for arranging their own insurance to cover paintings once delivered to site.
5. We will not be held responsible for damage to the Clients property or goods caused by contractors during or due to improper installation.
WE HOPE THESE TERMS AND CONDITIONS PROVIDES CLARITY FOR ALL OUR CLIENTS. WE GENUINELY LOOK FORWARD TO WORKING WITH YOU.