Copyright: Visual Grace artist, Kate Capato, reserves the common-law copyright to all works created and presented on visualgrace.org. This will also include all reproduction rights and the right to claim statutory copyright. However, in the client’s completion of purchase, they are given the right to use the painting or print for personal use only. The Artist property rights will still remain.
Property Remains: This agreement constitutes an order for artwork by Kate Capato by both parties: Visual Grace and Contracting Party (Client). Unless otherwise agreed upon and signed in an additional written agreement, it is understood that any and all rights to proofs, final or sample work, thereof shall remain the property of Visual Grace, Kate Capato, and may be used for advertising, display or any other purpose thought proper by Visual Grace. Photographs of work are not to be given/sold to any third parties or to be used outside of personal use of the client. If any third party is interested in any photograph/copy or in commissioning their own painting for commercial, business, blogs, or any other public uses, they must contact Visual Grace, Kate Capato, on their own to set up a separate agreement. If client is interested in full rights of work, further fees will apply in addition to service provided. However, Visual Grace, Kate Capato, holds the right to deny full rights to any given client.
Payment Amounts: Payments are to be made before receiving a work. This painting or print can be used for personal use only. If photos are posted publicly/online proper photo credit is to be given to Visual Grace, Kate Capato. Furthermore, the painting will be featured on Visual Grace’s Web and Facebook Business Page. The rights of personal usage will not be given to client until purchase is complete.
Payment terms: _100_% of payment is due on the signing of this agreement. If shipment is not chosen, the delivery date will be discussed and agreed upon after the completion of the work. Client shall pay/provide any necessary shipping/delivery costs. Cash, Checks, or Credit are the accepted forms of payment. Checks are to be made payable to Katelyn Capato; memo Visual Grace.
Returns: If at all and at anytime the client proves unsatisfied due to damage acquired in shipping and handling, he/she may return the purchased item within 30 days of payment. Please provide proper documentation of the damage or issue at hand. If the client himself/herself has caused the damage, the item will not be eligible for returns. However, if the artist herself cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to artist’s illness or injury, then Visual Grace will return all fees to the Client(s) but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that art materials are damaged in processing, lost or damaged without fault on the part of the artist. When dealing with an original work, client(s) agree that an entire original painting cannot be exactly replicated and limits Visual Grace’s liability to the amount paid under this contract. Both parties will discuss if a new work is to be done and the necessary process and fees from there.
Process Timeline: Prints take 4 to 6 business days to process + shipping time. Original works already completed take 3 to 4 business days + shipping. New works commissioned take 1 month to 6 months depending on the work, and the timeline agreed upon in a separate agreement with commissioner.
Agreement: I / we, the undersigned Contracting Party, hereby warrant that I am / we are competent to contract in my / our own name(s). I / we confirm that I / we have read the herein agreement prior to its execution and I / we are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete copy of this agreement.
The Agreed: Agreeing to these terms and conditions in addition to the full payment is due before the process begins with prints or the completion of sketches and the final details of the work have been agreed upon for commissioned work. No work will be delivered or rights granted until timely payment is made in full. If artist is asked to make any changes after the completion of the work, thus adding more time and materials to complete the work, additional fees will be added to the final bill (Details of cost and changes to be agreed upon before proceeding).
Waiving Terms and Conditions: This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party. Except as expressly provided in this Agreement, no course of dealing between the parties hereto and no delay in exercising any right, power or remedy conferred hereby or now or hereafter existing at law, in equity, by statute or otherwise, shall operate as a waiver of, or otherwise prejudice, any such rights, power or remedy.
Bound: Katelyn Capato agrees to these terms and by clicking agree to Terms and Condition you have fully accepted all the above, and are bound to the conditions stated.