Acceptance

It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions an Artwork from Ann Oberhelman then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any commission or use of services implies that you have read, understood and accepted these terms and conditions.

Price Quotations

Charges for services to be provided by Ann Oberhelman are defined in the price quotation that the Client will receive, upon request, via email. Quotations are valid for a period of 30 days. Ann Oberhelman reserves the right to alter or refuse to honor a quotation after expiry of the 30 days.

Should the quote be accepted, then a commission contract shall be issued for review and signature.

Additional Expenses

The Client agrees to reimburse Ann Oberhelman for any additional expenses incurred for the completion of the work. Examples of these instances would be postage charges, extra travel expenses for delivery etc.

Photo Provision

If applicable, the Client will be required to provide suitable photographs for the commission work to be produced. The Client must have permission to use such photographs & it is their responsibility to not breach any copyright laws.

Artwork progress

Once work commences on a Clients commission, Ann Oberhelman will email photos of the progress of the Artwork upon completion of sketch/placement drawing.

At this stage, 2 (two) minor alterations can be made to its design content. Further changes will be subject to a change fee of $150 per alteration.

Ann Oberhelman reserves the right to share “painting in progress” photos to social media unless the Client expresses this not to be done.

Once Artwork is complete Ann Oberhelman will email the Client a watermarked digital photo of the finished Artwork.

Copyright

Ann Oberhelman retains the copyright to the artwork created. Ann Oberhelman reserves the right to display the artwork on their website and social media pages. If a Client is unhappy about the artwork being displayed, they must declare this upon placing the commission.

The Client retains ownership of the artwork but must obtain permission to share the artwork on social media. If the client wishes to make any reproductions of the Artwork then this must be arranged through Ann Oberhelman only.

Deposit

Ann Oberhelman requires a 50% deposit from the Client to confirm a commission slot. This deposit is non refundable

Payments

Invoices will be issued by Ann Oberhelman upon completion of the Artwork & before collection/delivery. Invoices are primarily sent via email. The Client will also be required to provide a current postal address to receive hard copy invoices. Payment in full is due within 7 days of invoice. Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, Ann Oberhelman does not accept payment in part or via installments.

Ann Oberhelman accepts payment by the following methods.

Check*
Credit/Debit Card*
Venmo*

* Please email for complete payment details.

For termination before completion of commission

If the client chooses to terminate the services of Ann Oberhelman after agreeing a commission arrangement but before the commissioned project is complete, Ann Oberhelman reserves the right to retain any non-refundable deposits paid.

Should the Client cancel the commission agreement after the Artwork has been completed, Ann Oberhelman reserves the right to charge up to 85% of the total projected costs. The scale of the charge will be dependent on the discretion of Ann Oberhelman and the stage of the project at the time of cancellation.

If communication breaks down on the part of the Client for a period of 30 days (that is, the Client fails to reply to a communication from Ann Oberhelman) Ann Oberhelman will issue a warning email. If this warning email is not replied to (and communication does not resume) within the following period of 30 days, Ann Oberhelman reserves the right to terminate the commission. In this event, all deposits paid will be retained by Ann Oberhelman and the commission will be canceled.

If the Client wishes to continue the commission at a later date they will be required to request a new project quotation, sign a new Commission Agreement and pay a further non-refundable deposit.