Terms and Conditions for Custom Artwork

Your purchase of custom artwork from Carly Creative Co. enters you into agreement of the terms and conditions as follows:

Services: Carly Creative Co. shall provide Client with custom watercolor artwork on a one-time basis (known as “Services” in this Agreement).

Cost:The total cost ("Total Cost") for all Services is $125 for a pet portrait and $175 for a house/venue portrait and due in full before getting started. Total Cost is inclusive of Artist's Services, any setup time, travel time and out-of-pocket costs, software licenses, administrative fees, assistance, subcontractor costs and paper purchase cost. The digital file of the portrait is an additional $75.

Expenses: Any expenses incurred by Carly Creative Co. while providing Client with Services will be invoiced to Client in a timely manner. Client is responsible for paying for and delivering any third-party software licenses or products Client wishes Carly Creative Co. to utilize before design begins. At Carly Creative Co.’s discretion, Carly Creative Co. will make reasonable efforts to integrate Client’s suggested software or products.

Schedule: Carly Creative Co. shall deliver Services in a reasonable amount of time. Client must respond to any Carly Creative Co. communication within 14 calendar days. If Client fails to respond to Carly Creative Co. within 14 calendar days for feedback or any other Carly Creative Co. request(s), it is within Carly Creative Co.’s discretion to delay or cancel a Client’s Services.

Proofs and Approval: Carly Creative Co. will make up to two separate rounds of edits submitted by the client after the client reviews the proofs. There will be an additional $50 for each additional proof requested. Edits to the artwork include color changes, minor additions and placement corrections. A total rework of the painting will be subject to additional fees.  

Once the final artwork is approved, Client accepts full responsibility for any existing errors or defects and must pay Carly Creative Co. for additional edits, shipments or product if Client desires changes to be made after proofs are approved. 

Relationship of the Parties: Carly Creative Co. and any related subcontractors are not employees, partners, or members of Client’s company or organization. Carly Creative Co. has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. Carly Creative Co. has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations, or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Carly Creative Co..

Copyright: Carly Creative Co. retains the ownership of its copyright in any and all work pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code). Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Carly Creative Co. Carly Creative Co. grants to Client a non-transferable, non-exclusive, royalty free license of work produced with and for Client for the specific purpose of personal use. Any unauthorized use of the design, such as using the design for other purposes than those specified in this Agreement, will result in additional fees and/or royalty payments to Carly Creative Co.. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business, and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.

Shipping Indemnification:Carly Creative Co. is not responsible for any damages or loss as a result of transportation and/or shipping of the Client’s stationery. It is Client’s responsibility to:

  • provide proper shipping details, including the address where final product(s) will be sent; and
  • provide or request insurance on Stationer’s shipment(s) to Client; and
  • request any expedited shipping means and the associated fees; and
  • provide anything else not listed in this section that Client desires; and
  • pay for any of these additional services and shipping options in this Shipping Indemnification section.

Style Release: Client has spent a satisfactory amount of time reviewing Carly Creative Co.’s work and has a reasonable expectation that Carly Creative Co.’s Services will produce a reasonably similar outcome and result for Client. Carly Creative Co. will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with Carly Creative Co.’s current portfolio and services, and Carly Creative Co. will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

  • Every client and final delivery is different, with different tastes, budgets, and needs.
  • Art is a subjective service and Carly Creative Co. is a provider with a unique vision, with an ever-evolving style and technique.
  • Carly Creative Co. will use his/her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions.
  • Dissatisfaction with Carly Creative Co.’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.