CUSTOM COMMISSIONED PAINTING TERMS & CONDITIONS

This Custom Commissioned Painting Agreement ("Agreement") is entered into by and between Kristi Kennimer ("Artist") and the client ("Client") for the creation of a custom painting under the following terms and conditions:

1. Scope of Work

The Artist agrees to create a custom oil painting in the size agreed upon at a rate of $2.25 per square inch before applicable taxes, fees, and additional services.

2. Deposit & Payment

a) A 50% non-refundable deposit is required to secure the commission. Work will not commence until the deposit has been received and processed.
b) The remaining balance is due one week before the painting is scheduled for delivery.
c) The rate of $2.25 per square inch does not include tax, transportation of the art to a framer, custom framing services or frame, packaging, crating services, freight, delivery, installation, hanging services, insurance, customs or payment processing fees. These services are available at an additional cost and must be agreed upon separately.

3. Timeline & Delays

a) The painting is estimated to be completed within approximately 15 weeks from the start date.
b) The 15-week estimate does not include holidays and is subject to external factors such as weather conditions. Due to the nature of oil paintings and the layering technique used, cold, humid, or rainy weather may delay the drying process and impact the timeline. The Client acknowledges that any delays due to weather are outside the Artist’s control and do not constitute a breach of this Agreement.
c) If custom framing or delivery services are requested, additional time will be required beyond the 15-week timeframe.

4. Artistic Interpretation & Final Work

a) The Artist retains full creative control over the painting’s artistic interpretation. The commissioned painting is a unique, one-of-a-kind piece created by the Artist in her signature style.
b) As a standard practice, the final painting will not be shown to the Client before delivery. The Artist makes an exception only in rare cases where the painting is being shipped to a distant destination, at the Artist’s sole discretion.
c) The Client understands and agrees that the painting is created based on the Artist’s artistic vision and expertise.

5. Adjustments & Satisfaction Policy

a) It is the Artist’s goal to create a piece the Client will love and cherish for years. If, upon receipt, the Client is dissatisfied, the Artist may consider minor adjustments at their sole discretion.
b) Any adjustments made are at the Artist’s discretion and do not constitute a right to alterations or modifications beyond what the Artist is willing to accommodate.
c) Under no circumstances will a refund be issued.

6. Ownership & Copyright

a) The Artist retains all copyrights and reproduction rights to the painting, including but not limited to the right to create prints or derivative works.
b) The Client may not reproduce, copy, publish or alter the artwork in any form without the Artist’s written consent.
c) The Artist reserves the right to use images of the commissioned painting for marketing, promotional materials, social media, and portfolio purposes.

7. Delivery, Shipping & Additional Costs

a) The painting will be available for pickup or can be shipped or delivered at the Client’s expense.
b) If shipping is required, the Client is responsible for all freight, insurance, customs, or applicable shipping fees.
c) If the Client requests installation or hanging services, those services are available for an additional charge and must be scheduled separately.
d) The Client agrees to hold the Artist harmless for any damage, loss, or issues arising from shipping, installation, framing, or hanging services. These are separate services that are not the responsibility of the Artist, and any disputes regarding such services must be handled directly with the provider.

8. Cancellation Policy

a) The deposit is non-refundable for any reason, including Client cancellation.
b) If the Client chooses to cancel the commission before completion, any amount paid beyond the deposit will be forfeited. The Artist retains ownership of the unfinished work.

9. Liability & Indemnification

a) The Artist is not responsible for any damage, loss, or delays once the painting has been delivered, shipped, or installed.
b) If the painting is damaged in transit, the Client must file a claim with the shipping provider. The Artist is not responsible for damages caused by third-party handling.
c) The Client agrees to indemnify and hold harmless the Artist from any claims, damages, or liabilities related to the shipping, framing, delivery, installation, or hanging of the painting.                                                                                                                                                              d) Proper storage conditions are essential to preserving the integrity of the painting. The Client agrees to store and display the painting in a stable environment with:

  • Temperature: 65–75°F (18–24°C)

  • Humidity: 40–55% relative humidity (RH)

  • No direct sunlight exposure

  • No placement near heat sources such as fireplaces, radiators, vents, or air conditioning units
    The Artist is not responsible for any damage caused by exposure to extreme temperatures, direct sunlight, high humidity, or improper storage conditions.

10. Governing Law & Dispute Resolution

a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Texas.
b) Any disputes arising from this Agreement shall first be resolved through good faith negotiations. If a resolution cannot be reached, the parties agree to mediation before pursuing legal action.

CC fees apply.