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Commission work agreement

Terms and Conditions

DEFINITIONS

ARTIST

The individual producing the Commission ("Miimi and Jiinda")

CLIENT

The individual purchasing the Commission.

COMMISSION

The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Custom Piece,” and “Project[s]” are used interchangeably herein and in Commission correspondence.

COMMISSION AGREEMENT

The discussion, documented via email (or where email is not available, via Australian Postal Service), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances and rush fees.This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.

START OF WORK

The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).

PERSONAL SPACE

Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.

PUBLIC SPACE

Offline locations that do not fall under “Personal Space” above.

TERMS

1. SALE

The Artist hereby sells the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.

2. PAYMENT

Full payments must be made in the signing of the Commission Agreement prior to the Start of Work, or alternatively, a 50% up-front fee can be paid after the approval of the Commission Draft. In the event that payment is made in installments (i.e. 50% up-front), ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal). The Artist will confirm payment once drafts have been seen and agreed upon by the Client; any further work on the Commission will be with-held until this agreement is made and payment received.

NOTE: All prices are specified as Australian Dollars ($AUD). It is the Client's responsibility to ensure that they have converted currencies based on current exchange rates.

3. DECLINE OF OFFERS

The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain reasoning for decline out of courtesy).

4. ARTIST CANCELLATION OF COMMISSION

The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

5. COPYRIGHT

The Artist will not reproduce a Copyrighted without expressed written permission of its Copyright or Trademark owner, and as it pertains to Australian Copyright Law.

6. ARTIST COPYRIGHT & REPRODUCTION

By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.). The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement." The client may not edit, alter, or trace the Commission without the Artist’s expressed written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.

7. COMMISSION DESCRIPTION

The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. It must be defined and agreed upon in the Commission Agreement prior to Start of Work. The Client must specify the desired display size of the Commission. Commission pricing details can be viewed here; all prices are as a guide only and may not represent the final price of a particular Commission.

9. DEADLINES & FLEXIBILITY

The Artist will NOT take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly or progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.

10. CONFIDENTIALITY

If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the time-span in the Commission Agreement to eventually allow the Artist to publicly display the image.

11. PUBLIC DISPLAY & USE

The Client may display a photo of the Commission in Profiles as long as the Artist’s name (“Miimi and Jiinda”) is prominently displayed along with a link to miimiandjiinda.com or "@miimiandjiinda" for social media accounts. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in the Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.

12. COMPETITIONS

Under no circumstances may the Client submit a Commission to any kind of online or offline contest.

13. AUTHENTICITY

A "Certificate of Authenticity" will be provided to the Client as a hard copy or as a .PDF file as proof and documentation of original work by the Artist.

14. TRADITIONAL COMMISSIONS

Traditional art Commissions will be provided to the Client via postage and shipping. The Artist and Client will negotiate on which party will pay costs and expenses, including insurance, for the crating, packing and shipping of the [traditional] Commission for delivery to the Client. For domestic shipping, the Client will pay for postage fees and framing for small-scale commissions unless previously agreed upon otherwise. . For medium and large-scale commissions, or international Clients, the Artist will often expect the Client to pay for framing, mounting and shipping fees. These fees will be determined during the Commission Agreement prior to the Start of Work. A printed "Certificate of Authenticity" will be provided to the Client with the physical copy of the Commission. 15. PRINTS & PRODUCTS

16. PROMOTION

The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement (see Term 10 - Confidentiality). The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books).

17. ADDRESS NOTICE

The Client is responsible for insuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.

18. NON-DESTRUCTION

The Client will not permit any intentional destruction, damage or modification to the Commission.

19. Indigenous Culture and Intellectual Property (ICIP)

Indigenous Cultural and Intellectual PropertyorICIPmeans the rights of Aboriginal and Torres Strait Islanders to their cultural rights to their heritage. Heritage comprises all objects, sites and knowledge, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Indigenous group or its territory. The heritage of an Indigenous people is a living one and includes objects, knowledge and literary and artistic works which may be created in the future based on that heritage. Heritage includes:

  1. a)  literary, performing and artistic works (including songs, music, dances, stories, ceremonies, symbols, languages and designs);

  2. b)  scientific, agricultural, technical and ecological knowledge (including cultigens, medicines and the phenotypes of flora and fauna);

  3. c)  all items of movable cultural property;

  4. d)  human remains and tissues;

  5. e)  immovable cultural property (including sacred and historically significant sites and

    burial grounds);

  6. f)  documentation of Aboriginal or Torres Strait Islander peoples’ heritage in archives,

    film, photographs, videotape or audiotape and all forms of media;

To the best of the Artist’s knowledge, the Product/s and the Commissioned Work/s are suitable for wide publication and are not offensive to Aboriginal and Torres Strait Islander people.

Nothing in this Agreement transfers or excludes any applicable cultural rights in favour of Australian Indigenous people that may be implemented under Australian law.

20. AUTHENTICITY & PROVENANCE

Upon request, the Artist will furnish the Client [and their successors] a written history and provenance of the Commission, based upon the Artist’s best information as to shows. A Certificate of Authenticity (signed and dated by the Artist) is provided with each original artwork and limited edition print.

21. ARTIST’S ACCESS

The Artist may have access to photograph or share the Commission at no expense to the Client.

22. NOTICE

A Notice, in the form below, must be permanently affixed to the Commission, warning that ownership etc., is subject to this contract. If, however, a document represents the Commission or is part of the Commission, the Notice must instead be a permanent part of that document.

23. EXPIRATION

This contract binds the parties, their heirs, all their successors in interest, and all Client's obligations are attached to the Commission and go with ownership of the Commission, all for the life of the Artist and Artist’s surviving spouse plus twenty-one (21) years, unless otherwise stated.

24. MORAL RIGHT

The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.

25. DAMAGES, THEFT & MISPLACEMENT

The Artist is not responsible for any damages made to the Commission [traditional] except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure packaging of the [traditional] Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission, and must provide evidence of said damages. If the Commission has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client or as negotiated [traditional]. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded.

26. REFUND POLICY

The 50% deposit for the commission piece is refundable for the first 7 days after booking in commission, after that is it non-refundable.

The Artist will contact the client before starting the commission piece. The Artist will then send photographs to the client halfway through painting, to confirm if there is ONE change they would like to make before moving forward. Once they have been accepted, no more changes can be made. They will then send a picture of the final piece before posting. The clients will transfer the remaining amount of the commission before the art gets sent. Once the client receives the art, there are NO refunds or returns for the piece. This process is minimalised by providing drafts and progress photos throughout the Commission process. For refunds regarding damages or misplacement in transit, please see Term 25 above.

27. COMMISSION CONFLICT

The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 30 will be applied as necessary.

28. PREVIEW REQUESTS

The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after approval of the draft, unless agreed upon in the Commission Agreement prior to Start of Work.

29. MISCELLANY

This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision hereof. This Agreement shall be governed by the laws of New South Wales, Australia.

30. DAMAGES

The Artist has the right to pursue damages under Australian Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.

Signed:

Dated: