Commission Terms & Condition
The following Terms & Conditions are for the Commission of original artwork or designs from Talia LeHavi. The following information must be read fully and accepted in a written email before the final Commission Agreement is made, which is legally binding. To request a quote, contact Talia.
The discussion, documented via email, 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 of which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, and Copyright. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.
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 illustration 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 and any further details that can support the formation of the commission.
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 on the progress of the Commission, or if changes to completion times have occurred. The Artist is not obliged to explain the reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.
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), a 50% non-refundable deposit must be paid.
Agreed according to the nature of the commission and clearly stated in the agreement. A 50% up-front, non-refundable deposit to be paid after the approval of the Commission Draft. 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. The payment method will be made via direct bank transfer unless agreed otherwise.
Packing and Shipping:
Packing and shipping costs are included in the quoted price. The artwork will be professionally packed and shipped with a reliable shipping company. The artwork will be fully insured for the shipping,
Decline an Offer:
The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain the reasoning for decline out of courtesy).
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.
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 Commission. 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.
If the Commission is damaged or mistakes are evident, the Client will agree to consult the Artist before any restoration and must give the Artist the first opportunity to restore it, if practical.
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.
Damage, Theft, and Misplacement:
The Artist is not responsible for any damages made to the Commission 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 the packaging of the Commission is safe and secure and will provide full insurance, 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. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be the responsibility of the Artist. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties.
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 minimalized by providing early drafts and progress photos throughout the Commission process. The Client must state if they want a full refund or an alternative replacement. The Client will have thirty (30) days to send the Commission, otherwise, a refund will not be made. The Client must return the Commission in original packaging with all documents, including the invoice. Postage/shipping costs, insurance, and expenses will be paid by the Client. The refund will be paid back in full to the Client at the discretion of the Artist once the Commission has been received and in the described condition. Refunds regarding damages or misplacement in transit will be covered by the insurance.
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.
The Client may display the Commission in Profiles as long as the Artist’s name (“Talia Lehavi”) is prominently displayed along with a link to talialehavi.com or "@talialehavi" 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.