byVINNIK Painting 16X20"

Hand painted custom abstract painting on a 16x20" canvas by acclaimed fashion designer and opera singer Suzanne Vinnik.

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE AND MAKING PAYMENT, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PLACE AN ORDER.

Sale: The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to receiving the work.

Payment: Full payments must be made prior to the Start of Work. The Commission will not be sent to Purchaser until the agreed payment amount has been received.

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).

Priority of Offers: Due to the Artist's full-time fashion line, upcoming pregnancy and dangers with various chemicals and the nature of said work hours, the Artist will prioritize each Commission request accordingly. Commission offers that satisfy the following components are placed as higher priority than other offers. These components include: the Artist's skill level, availability, flexibility of deadlines, subject matter, pricing and shipping.

NOTE: The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, “pornographic,” simulated sex, or sexual arousal) materials, fetishes, or any form of hateful, racist, violent or gory imagery.

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.

Copyright/Trademarked Characters: 

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

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.); or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement" as defined in the Client Documents. 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.

Commission Description: 

The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission will incur additional fees, to 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.

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. This is due to the nature of the Artist's full-time work as a fashion designer and is non-negotiable. 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 is not obliged to explain reasoning behind extensions or delays for the completion of a Commission, but will do so out of courtesy.

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.

Public Display and Use: 

The Client may display the Commission in Profiles as long as the Artist’s name (“Suzanne Vinnik”) is prominently displayed along with a link to www.byvinnik.com aand "@byvinnik" 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.

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

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. The artist does not provide framing or mounting. A printed "Certificate of Authenticity" will be provided to the Client with the physical copy of the Commission. 

Promotion: 

The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement. The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books) only with written agreement from the Client.

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.

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

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, limited edition print or digital copy.

Artist's Access: The Artist may have access to photograph or share the Commission at no expense to the Client and upon reasonable notice to Client.

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.

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.

Damages, Theft & Misplacement: The Artist is not responsible for any damages made to the Commission [traditional or digital print] 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 or digitally printed] 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. Route Insurance is required for the shipment to ensure the Commission is protected in the event of the package is damaged, lost or stolen. If damages have occurred, the Client must file a claim with Route Insurance and notify the Artist within seven (7) days of receiving the Commission, and must provide evidence of said damages. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties if a "Transfer of Copyright Agreement" was made.

Refund Policy: No refunds will be given as all sales are final. If the Client is unsatisfied with the Commission for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final Commission. Disliking the Commission or change of mind are not considered for a refund; this is eliminated by providing a photograph of the final work. For refunds regarding damages or misplacement in transit, please see "Damages, Theft & Misplacement" above.

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 Start of Work or approval of the draft, unless agreed upon in the Commission Agreement prior to Start of Work.

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 the State of California.

Damages: