Elena Valerie Artist - Terms & Conditions for Live Wedding Painting & Custom Commissions

Thank you for choosing Elena Valerie Artist (ABN 89618812032) to capture your special moments. These Terms & Conditions outline our agreement to ensure a smooth and enjoyable creative process.

1. Booking & Deposit

A non-refundable deposit of 30% of the total agreed-upon price is required at the time of booking to secure your event date (for live paintings) or your place in the commission schedule (for custom artwork).
This deposit confirms your booking and covers initial consultation, planning, administrative costs, and securing materials.
Bookings are confirmed only upon receipt of the deposit.

2. Scope of Work & Artistic Style

The specifics of the artwork (subject matter, size, style, key elements for inclusion, package details for live paintings, included professional floating frame with choice of standard colours) will be discussed and agreed upon during the initial consultation(s) and confirmed in writing (e.g., via email or invoice). Requests for framing options beyond the standard included offering may incur additional costs. The Artist uses professional-grade, high-quality art materials to ensure the longevity and vibrancy of the artwork.
Artistic License & Interpretation: You are commissioning the artwork in Elena Valerie's unique artistic style, interpretation, and medium (oil paint). While client input is valued, the final aesthetic decisions remain with the artist. The finished piece will represent the artist's interpretation of the subject or scene. This is particularly relevant when creating composite images (e.g., combining elements from different photos) or when significant artistic interpretation is required. The artist will use their professional judgment to create a cohesive and aesthetically pleasing final piece based on the agreed brief. Subjective differences in expectation regarding interpretation or composition, where the artwork aligns with the agreed brief and the artist's established style, do not constitute grounds for rejection or refund.
Reference Materials (for Custom Commissions): For custom studio commissions (pets, florals, etc.), the quality of the final painting is directly dependent on the quality of the reference photographs provided by the client. High-resolution, well-lit photos are strongly recommended for achieving optimal detail and likeness. If the client provides photos of poor quality (e.g., low resolution, blurry, poor lighting) and insists on their use despite the artist advising on potential limitations, the client accepts that this may impact the level of detail, accuracy, or resemblance achievable in the final artwork. This limitation, stemming from the provided references, will not be considered a fault in the final artwork.

3. Payment Terms

Live Wedding Paintings: The remaining balance (70% of the total price, plus any applicable travel fees - see Section 15) is due 14 days prior to the scheduled wedding/event date. Work on the day cannot commence until the full payment has been received.
Custom Commissions (Pets, Florals, etc.): The remaining balance (70% of the total price) is due upon completion of the artwork and client approval of the final piece, prior to varnishing, framing (if included), and shipping.
Payment Methods: Payments can be made via bank transfer or credit card (credit card payments may incur a surcharge fee – this will be advised). Payment details will be provided on the invoice.
GST: All prices quoted are in Australian Dollars (AUD) and are inclusive of GST

4. Artwork Process & Timeline

Live Wedding Painting:
- Elena will typically paint live at your event for approximately 5-7 hours, capturing the agreed-upon scene or moment.
- Following the event, the painting will be taken back to the studio for refinement and detail work (typically 10-35 hours, depending on the package).
- Oil paints require significant drying time. The completed, varnished, and framed painting will typically be ready for shipping 4 to 8 weeks after the event date.
Custom Commissions (Studio Work):
- The process involves initial consultation, review of reference materials, creation of the artwork in the studio, and potential progress updates (if requested/agreed).
- Upon completion, digital images of the finished painting will be sent to the client for final approval.
- Oil paints require significant drying time. The completed, varnished, and framed (if applicable) painting will typically be ready for shipping 4 to 8 weeks after final client approval and receipt of final payment, depending on complexity, size, and drying conditions.

5. Revisions & Approval

Live Wedding Paintings: Minor adjustments based on the live work can be discussed and incorporated during the studio refinement stage before varnishing. Significant changes beyond the initial scope agreed upon may not be possible or may incur additional fees.
Custom Commissions (Pets, Florals, etc.): One round of minor revisions can typically be accommodated after the client views the images of the near-complete painting, prior to final approval. Significant changes deviating from the agreed brief or requiring substantial rework may incur additional fees, subject to discussion and agreement. Final approval signifies the client is happy with the artwork before final payment, varnishing, and shipping.

6. Delivery & Shipping

Completed artwork will be shipped directly to the client's nominated address within Australia. Shipping, including tracking and insurance, is complimentary and included in the artwork price.
The artist is not liable for delivery delays caused by third-party carriers but will assist with tracking inquiries. Paintings will be packaged securely for transit.
Shipping/Delivery will occur only after the final balance payment has been received and the artwork is fully dry, varnished, and ready.

7. Damage or Loss During Transit

Insurance and Packaging: All artworks are packaged with professional care to ensure safe transit and are shipped fully insured for their declared value via a reputable carrier.
Client Inspection and Reporting: Upon receiving the artwork, the client must inspect it immediately. Any damage suspected to have occurred during transit must be reported to the Artist (Elena Valerie) in writing (email preferred), including clear photographic evidence of both the damage to the artwork and the condition of the packaging, within 48 hours of delivery. Failure to report damage promptly may affect the ability to claim insurance. If the artwork is not received by the expected delivery date, the client should notify the artist promptly so tracking can be investigated.
Insurance Claim Process: In the event of damage reported within the required timeframe, or confirmed loss by the carrier, the Artist will initiate and manage the insurance claim process with the shipping carrier on behalf of the client. The client agrees to cooperate fully with this process, which may include providing further information, evidence, or making the artwork and packaging available for inspection by the carrier or insurer.
Resolution:
- Minor Repairable Damage: If the damage is deemed minor and repairable by the Artist, the insurance claim may cover the cost of return shipping, repair, and re-delivery to the client. The specifics will depend on the insurance outcome.
- Loss or Irreparable Damage: If the artwork is confirmed lost by the carrier or deemed damaged beyond reasonable repair, the successful insurance payout to the client (or to the artist to be passed to the client) constitutes the final resolution for this agreement concerning the physical delivery of the artwork. Due to the unique nature of original art, creating an identical replacement is not possible.
Limitation: While the Artist facilitates the insurance claim, their liability for the artwork concludes once it is handed over to the shipping carrier. The insurance coverage arranged is the designated remedy for loss or damage occurring thereafter.

8. Privacy

The Artist is committed to protecting your privacy. Personal information collected during the booking and commission process (such as name, contact details, event details) will be used solely for the purpose of providing the services requested, managing the booking, and communication related to the artwork. Your information will not be shared with third parties except as necessary to fulfil the service (e.g., shipping carrier) or as required by law in Australia.

9. Dispute Resolution

Both parties agree to attempt to resolve any dispute arising from this agreement amicably through good faith negotiation before resorting to mediation, arbitration, or litigation.

10. Severability

If any provision of these Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the provisions, which will continue in full force and effect.

11. Cancellation & Rescheduling

Cancellation by Client:
- If you need to cancel your booking after the deposit has been paid, please notify the artist in writing as soon as possible. The 30% deposit is non-refundable under all circumstances.
- If cancellation occurs after the final balance has been paid (i.e., within 14 days prior to a wedding, or after final approval for a commission), refunds will not be provided, as significant work, material costs, administrative time, and lost booking opportunities will have been incurred.
- Specific Clause for Wedding/Event Cancellation: In the circumstance where the booked event itself (e.g., wedding) is cancelled by the client after the deposit is paid but before the final balance due date, the 30% deposit remains non-refundable for the live painting service. As a gesture of goodwill, the Artist will offer this deposit amount as a credit towards a future studio commission (e.g., pet portrait, floral painting), valid for 12 months from the original scheduled event date. This credit applies only if the entire event is cancelled and cannot be used if the event proceeds without the live painting service. The client must notify the artist in writing of the event cancellation to be eligible for this credit offer.
Rescheduling by Client: If you need to reschedule your wedding/event date, please notify the artist ASAP. The artist will make reasonable efforts to accommodate the new date, subject to availability. Rescheduling may be subject to the artist's pricing at the time of the new date. If the artist is unavailable for the new date, this will be treated as a cancellation by the client (see above regarding deposit and credit).
Cancellation by Artist: In the unlikely event the artist is unable to fulfil the booking due to unforeseen circumstances (e.g., serious illness, emergency, Force Majeure event - see Section 19), the Artist's liability is limited exclusively to providing a full refund of all monies paid (including the deposit). No further compensation or reimbursement for other costs incurred by the client (e.g., relating to the event planning) will be provided. The artist will endeavour to provide as much notice as possible.

12. Copyright & Usage Rights

The Artist (Elena Valerie) retains the copyright to all artworks created.
The Client receives the original physical artwork and the right to display it for personal, non-commercial use.
The artwork may not be reproduced, duplicated, or used for any commercial purposes (e.g., prints for sale, merchandise, business advertising) without prior written permission and a separate licensing agreement with the artist.

13. Artist Promotion & Image Release

The Artist retains the right to take photographs and video during the live painting event and upon completion of the artwork. The Artist aims to capture the unique atmosphere and joy of the event, which may include guest interactions and reactions to the live painting process, alongside the artwork itself. The Artist may use selected images and recordings believed to positively represent the service for promotional purposes. This includes, but is not limited to, use on the Artist's website, social media posts (e.g., Instagram, Facebook), online portfolios, print materials, and for entry into exhibitions or competitions.
By booking the Artist's services and paying the deposit, the client grants permission for promotional use of images related to the commissioned artwork and its creation process. The Client is strongly encouraged to inform their guests that photography/videography of the live painting experience, potentially including guests observing or reacting to the process, may occur and might be used for the Artist's promotional materials (e.g., website, social media). The Artist will exercise reasonable discretion in the selection and use of images, focusing on those that celebrate the event and the artwork.
Should the client prefer that images relating specifically to their commission (e.g., the final painting, identifiable images primarily featuring the wedding couple) not be used for promotional purposes, they must notify the Artist in writing (e.g., via email) at the time of booking or shortly thereafter. The Artist respects client wishes regarding privacy and is happy to accommodate such written opt-out requests concerning the client's primary images and commission focus.

14. Venue Requirements & Artist Needs (Live Wedding Painting)

The client is responsible for ensuring the artist has a suitable space to work at the venue (minimum approx. 2x2m), preferably with good ambient lighting and access to a standard electrical power outlet. The space should be positioned to view the chosen scene without obstructing guests, service staff, or walkways.
The client must confirm with the venue that a live painter is permitted and inform them of the artist's space/access requirements.
The artist requires a relatively undisturbed workspace. Reasonable measures should be taken to ensure guests (especially children) maintain a safe distance from the easel, wet paint, and materials. The artist is not liable for accidental damage caused by guest interference.

15. Travel Fees (Live Wedding Painting)

Pricing includes travel to venues located within the Gold Coast City Council area AND within a 100km radius.
For venues outside this included area (e.g., further areas of South East Queensland or Northern NSW beyond the 100km radius), travel fees will apply to cover time and transport costs. Accommodation fees may also apply if significant travel distance or late finish time necessitates an overnight stay. Any applicable travel and accommodation fees will be discussed and agreed upon during booking and itemised on the invoice.

16. Meals & Breaks (Live Wedding Painting)

For live painting services spanning typical meal times (e.g., during a reception lasting 5+ hours), the client is requested to arrange a vendor meal for the artist, coordinated with the catering staff. Short breaks will be taken by the artist as needed during the painting duration.

17. Weather Contingency (Live Wedding Painting)

If the planned painting location is outdoors, the client is responsible for providing a suitable backup location or adequate overhead cover (e.g., marquee, covered patio) in case of inclement weather (rain, strong wind, extreme heat/sun). The artist's equipment must be protected from the elements. The artist reserves the right to pause or relocate if conditions become unsafe for the artwork or equipment.

18. Liability

The artist is not liable for any damage or loss incurred due to circumstances beyond their reasonable control, including venue restrictions, adverse weather conditions (subject to Section 17), actions of third parties, guest interference, or shipping issues once handed to the carrier (subject to Section 7).
The artist will take reasonable care in handling materials and equipment but is not liable for minor, accidental spills or marks outside the immediate painting area.
Once the final artwork is approved and delivered/shipped, the artist is not liable for any damage that occurs while in the client's care.

19. Force Majeure

Neither party shall be held liable for failure to perform their obligations under this agreement if such failure is caused by a Force Majeure event (e.g., natural disaster, fire, flood, pandemic, government restrictions, war, acts of God) making performance impossible or illegal. In such cases, parties will discuss postponement or cancellation options in good faith (potentially involving credit or partial refunds depending on work already completed, distinct from standard cancellation terms).

20. Governing Law

This agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.

21. Agreement

By paying the 30% deposit, the client confirms they have read, understood, and agree to these Terms & Conditions.

Thank you for entrusting me with capturing your precious memories. I look forward to creating a beautiful piece of art for you!