Terms of Service
Product
By purchasing “Custom Pet Portrait Painting - Digital with Print”, the customer/”client” will receive a physical gicleé print with mat, and a digital timelapse video of the painting process. The painting is made using digital painting software Clip Studio Paint and each brushstroke is make by hand. No generative AI is used at any point in the painting process.
The process of brainstorming and drafting the digital painting will be collaborative with the client, within reason. The stages of the process are as follows:
Artist Consultation. Client will share photos of their pet(s). ideas and preferences for the painting and artist (M. Cates Art) will consolidate and edit these in cooperation with the client to form an executable concept for the digital painting.
Sketch. Artist will draw one sketch based on the agreed upon concept and solicit client feedback. Only one sketch will be considered at a time. Client is welcome to ask for up to three major revisions at this stage, for example, a change in pet’s pose, scenery, orientation of painting (portrait vs landscape), or a complete change of color palette. Client will be asked for final approval of the sketch.
Painting. Artist will update the client as significant progress on the painting is made, every 1-2 weeks or more if suggested by the client. During this stage, the client is welcome to minor changes, for example, movement of background elements, change in markings to improve the likeness to the pet. Significant deviations from the sketch at this stage may be subject to an additional fee at the artist’s discretion. Client will be asked for feedback of the painting.
Printing and Shipping. Production of the gicleé print and mat will completed by a third party, order will be made by the artist on behalf of the client. Third party is responsible for shipping the finished product to the client.
Digital Delivery. Delivery of the timelapse video will be made via a Dropbox link provided to the client. This link will be active for 6 months. It is the responsibility of the client to download and store the timelapse video during this period.
Refunds, Returns or Cancellation
The participation of the client is necessary during the Consultation stage and their approval required on the sketch in order for work to progress. If the artist is unable to establish contact with the client within 2 weeks of the order date, the order will be automatically canceled and refunded. If contact from the client lapses for 2 weeks without communicating an estimate of when contact will resume, or exceeds the estimate given by 2 weeks, a percentage of order fee will be refunded according to the percentage of work incomplete, the art will be available for Digital Delivery in its current state, and the order will be considered fulfilled.
If work cannot progress past the Sketch stage due to lack of adequate reference photos, lack of cooperation from the client, inability to agree on a concept for the painting or any other reason, a full refund will be given.
If the client is unhappy with the completed painting, reasonable changes will be made at the artist’s discretion. If the issues are unable to be resolved and the painting is, by the artist’s judgement, a reasonable execution of the agreed upon sketch, the client may forgo their gicleé print and mat and request a partial refund of fees associated with Printing and Shipping. Digital Delivery of their painting and timelapse video via Dropbox link will be made available instead and the order will be considered fulfilled.
Once client approval is given on the sketch and the Painting stage begins, a non-refundable deposit of 50% takes effect. If the client would like to cancel their order at this stage, a percentage of the order fee will be refunded according to the percentage of work incomplete, not exceeding 50%. Once client has approved the final painting and Printing and Shipping services are in progress, no refunds or returns will be accepted. The artist does not take responsibility for damage during shipping.
The timeline for order fulfillment is 4 to 8 weeks, depending on the size, complexity of the concept, and promptness of communication from the client. If order fulfillment will be delayed due to injury, illness, damage to equipment, delays related to Printing and Shipping, or any other reason, the artist will communicate a new timeline estimate to the client. If for any reason the artist is unable to complete the order within 6 months, a full refund will be issued. Exception to the previous: if the order will be delayed due to delayed communication by the client, artist forfeits responsibility for exceeding normal order fulfillment timeline.
If a specific deadline is requested by the client, an additional fee may be requested at the artist’s discretion.
M. Cates Art reserves the right to deny service for any reason and cancel any order due to excessive revisions, inappropriate or offensive requests, harassment or abuse.
Copyright Disclaimer
All artwork and images on this site are the exclusive property of M. Cates Art and are protected under the United States and International Copyright laws.
Artworks and images in personal communications from the artist and artwork purchased by the client are for personal use only. M. Cates Art retains the copyright for all images. Reproduction for commercial use is prohibited.