TERMS AND CONDITIONS
BASIC COMMISSION INFORMATION
Commission Description
A commission consist of requests for a painting(s), drawing(s), illustration(s), commercial projects, installations, 2D/3D customization or more. Before commissioning a project, please review my terms and conditions outlined on this website which is applied to all services. Price for oil painting, graphite and charcoal drawing is determined by the size in addition to time and materials. Price for digital or extended projects (more than 31 days projection) base rate is $25 per hour with 16 hour minimum with the artist working no more than 5 hours per day. Any additional time needed will be discussed with the client before work is started. Expedited timelines, shipping and handling is an additional cost that will be fully disclosed to client at time of Commission Agreement, before Start of Work. All prices are subject to change.
We will contact you within 48 hrs. to discuss your commission request, time frame and to obtain any additional information needed.
We will also email you a commission contract to be reviewed and signed. Once the client is satisfied with the contract agreement, he/she must sign the contract and email back to kstubblefielddfw@outlook.com.The client is also responsible for sending the deposit during contract signing. Failure to do so delays the start of work and target due date.
ALL COMMISSIONS REQUIRE A NON REFUNDABLE DEPOSIT OF 50%
Start of work
The artist will provide frequent updates every 48-72 hours. The client is welcomed to email and request an update.
Conclusion of Commission
It is the artist goal to complete the clients request by the agreed target date. It is the clients right to alter the artwork to their liking. The final payment is not due till the client is satisfied with the results. The final payment is due before the artist delivers/mails/emails the artwork to the client. Once the client receives the artwork the contract is completed.
*The artist is not responsible for lost, stolen or damage art during transport
FACE PAINTING INFORMATION
An artist will provide full face, custom designs, half face, small design and stencils for cheeks, hands, arms and around the eyes. Price is $75 per hour with a minimum of 2 hours. Customers living outside of Dallas or more than 20 miles from 75149 zip code area, may be required to pay a mileage reimbursement of $0.40 per mile. The artist will fully disclosed cost to book service to client at time of booking.
PAINT PARTY INFORMATION
An art instructor will provide a private paint party to you and your guest. All material ( 16 x 20 canvas, paint, apron, palette and paint brushes will be included). Full payment is due before the event.
Booking
To continue with booking KAST Creations, I will need the following information below:
Painting theme: You can commission an image free of charge for your group or we can provide you with stock paintings for you to choose.
Final head count: Must have confirmation 24 hours before start of event. Once confirmation is received, KAST Creations is not required to refund for late or absent guest. Please include 4 KAST Creations members in your final head count when confirming with the venue organizer.
You are responsible for renting/providing the venue space. KAST Creations will provide the paint, pallets, canvases, paint brushes and all other materials needed to complete the painting session. Should the venue require material to protect the floors, KAST Creations will provide the tarp. If you have any questions, please feel free to contact me.
Day of Event
The artist will arrive at least 30 minutes before the start of the event or before the agreed start time. The final payment is required before the artist is to perform duties, no exceptions. If the client fails to provide the final payment, the artist will not perform.
All events will start and end at the agreed time. Kast Creations will not accommodate any late or absent guest.
Definitions
Artist: The individual producing the Commission or performing at the event (“Ka’iionna Stubblefield”)
Client: The individual purchasing the Commission or booking the event.
Commission Agreement: The discussion, documented contract via email (or where email is not available, via U.S. 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, rush fees, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least seven years.
Booking Agreement: The discussion, documented contract via email (or where email is not available, via U.S. Postal Service), in which the artist and Client agree to the subject matter, event start time, the point in time in which the artist is expected to commence performing, payment to remitted before event and the point in which the artist is expected to end performance. This Booking Agreement shall remain on record with the artist, along with any other documents related to the Commission, for at least seven years.
Start of Work: The point in time by which the Client has approved the artist to start work.
Terms
1. The Artist has the right to refuse any commission request, face painting and paint party bookings, without needing to explain the reason.
2 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.
3. The Artist has the right to refuse any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.
4. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law ( http://copyright.gov/title17/ ).
5. 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 Commercial Purpose Commission Agreement as defined in the Definitions section herein.
6. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional fees, to be defined and agreed upon in the Commission Agreement prior to start of work.
7. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
8. 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.
9. 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.
10. 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 Commercial Purpose Commission Agreement as defined in the Definitions section herein.
10a. 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.
11. The Client may display the Commission in Profiles as long as the Artist’s name (“KAST Creations, Ka'iionna Stubblefield”) is prominently displayed along with a link to www.kastcreations.com. 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. Commissions in Profile displays cannot breach Term 10, Term 10a, or Term 14.
11a. 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 a Commercial Purpose 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.
11b. Under no circumstances may the Client submit a Commission to any kind of contest.
12. Digital art Commissions will be provided to the Client via email or an online download location in .jpeg format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.
13. The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. Three additional options are available: 1) The Client can order print(s) via the Artist’s print shop, and pay to have it shipped directly to the Client’s location – these prints will not be part of a limited edition (numbered) run, or physically signed by the Artist; the Client is responsible for all shipment costs. 2) The Client can request the Artist to order a print via the Artist’s print shop, and have it shipped directly to the Artist – these prints will become part of a limited edition (numbered) run, and physically signed by the Artist; the Client is responsible for all shipment costs, including shipment from Artist to Client after the print is numbered and signed. 3) The Client may use the digital (.jpeg) file for local printing, so long as it does not breach Term 11, Term 11a, Term 11b, or Term 16, and the Client obtains written permission from the Artist prior to printing.
14. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.
15. The Client may request a preview of the Commission at any time during the creation process.
16. 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 18 will be applied as necessary.
17. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.
18. The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should their exist a violation in addition to a breach of these Terms of Service.
19. This contract is to confirm your booking already verbally agreed between the client and the artist of KAST Creations.
20. Changes to start time, date, participants or venue must be notified to the KAST Creations as soon as possible in writing and agreed by both parties. Increases in participants or times will incur additional fees to be agreed at the artist discretion and paid as at the start of work.
21. The clients' personal details, addresses or contact numbers will not be forwarded to any third parties without their written permission.
22. The artist personal details, addresses and contact numbers will only be forwarded to third parties for promotional purposes only.
23. The artist will conduct themselves in a responsible and courteous manner. The client reserves the
right to dismiss the artist in the event of unreasonable conduct, however the deposit will be retained by the artist.
24. In the event of injury, loss, damage or other matters that arise, both the client and the artist will take responsibility for their own liabilities.
25. In the event of the artist being unable to attend, KAST Creations will notify the client as soon as possible and will offer a full refund of the deposit paid.
26. In the event of the client having to cancel their proceedings, or unwilling to have the artist appear as requested, KAST Creations will retain the deposit and offer rescheduling with the same amount of guests to the client on a later date not to exceed 365 days from the original date of booking
27. The deposit already paid by the client is non-refundable, regardless of when the client cancels their event. Only in circumstance were we, KAST Creations are unable to attend the agreed booking will the deposit be refunded to the client.
28. The balance of the agreed fee (charges minus 50% deposit already paid) will be paid to the artist either at the start of the event, or on receipt of an invoice from the artist. This is to be agreed prior to the event.
29. Invoices are to be paid in full by the client by the agreed start of work or start of event.
30. Unpaid charges or invoices will be pursued; after a fair and reasonable time, if invoices are still not paid, legal action may be taken.
31. Local and State charges will be applied to all transactions carried out by KAST Creations. Rates will be charged at the relevant rates applicable at that time.
Required Client Information
Email Address: The Client is encouraged to contact the Artist via email (kstubblefielddfw@outlook.com) or contact form to query a Commission.
Phone Number (Optional): The Artist will not call the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service.
Other Forms of Communication: The Client may request a different form of communication (e.g., phone call, Skype, Facebook Messenger, etc.) to discuss a project before signing a Commission Agreement, by initially using the contact form on this website. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.
Physical Address: The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission or a digital art print.
Age: If the Client is under 18, the Client must supply contact information for a parent or guardian.
The Artist reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.
Specifications for Commission: Please refer to Term 3, Term 4, Term 6, Term 7, Term 8, and Term 9 for guidance.
Payment
Payment: The Artist requires all payment up front before Start of Work, unless otherwise agreed upon in the Commission Agreement.
Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions.
Method: The Artist’s preferred method of payment is via PayPal services, and addressed to kstubblefielddfw@outlook.com.
PayPal: A link or invoice will be provided through email from KAST Creations were payment can safely be completed and addressed to kstubblefielddfw@outlook.com.
Cancellation: Please refer to Term 17 and 26 for refund policy.
These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before entering into a Commission Agreement with the Artist. Once the Client enters into a Commission/Booking Agreement with the Artist, it is assumed the Client has agreed to all Terms and Conditions.
Commissions Contract
