Price Quotations

Charges for services provided by Blue Period Company™ are defined in the price quotation that the Client will receive. Quotations are valid for a period of 60 days, after which Blue Period Company™ reserves the right to alter or refuse to honor a quotation. A quotation may not be provided until photographs of the subject have been submitted. 

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Photographs

The Client will be required to provide suitable photographs for the commission work to be produced. High quality images must be submitted in a timely manner so as not to cause delays to the commissioning process. The Client must understand that the quality of the photographs provided can impact the accuracy of the created artwork. If the photographs provided are not of suitable quality and clarity, additional photos may be requested. Any delays caused by the needing to request additional photos may impact the estimated completion time. Smartphone camera quality photographs will generally be good enough quality. Images from property websites or Street View are not considered high quality images and the Client will be asked to provide additional photographs. The Client must have permission to use any photographs that are submitted to Blue Period Company™. It is the Client’s responsibility to ensure they are not breaching any copyright laws.

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Deposit and Payment

Invoices will be issued by Blue Period Company™ to the Client upon agreement of the scope of work. Invoices will be sent to the Client’s provided email address and can be paid through a banking app (Venmo, Zelle). The Client will be required to provide a current postal address as well as the address of the subject in the painting.

 

For a commission to be secured, the Client must pay a non-refundable deposit of twenty percent (20%) of the total commission cost, excluding shipping. Commission slots are allocated, and artwork completed, on a first-come-first-served basis from the time a deposit is submitted. Any estimated completion dates and project timelines given are accurate at the time of enquiry and are subject to change until a deposit is paid.  

 

The Client will receive a composition sketch as advised by the timeline of the project. Upon receipt of the composition sketch, the Client will be required to pay the remaining balance on the invoice before work will begin on the final painting.

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Termination

If the client chooses to terminate the services of Blue Period Company™ after agreeing to a commission arrangement, Blue Period Company™ reserves the right to retain any payments made.  

 

If at any point the Client becomes uncontactable through email, the commission agreement will be terminated with no refund of payment. The Client will be considered uncontactable if 3 concurrent emails have been sent without response and at least 30 days have passed since the Client’s last email.

 

If the Client wishes to continue the commission at a later date, this may be done only at Blue Period Company™’s discretion. The Client may be required to request a new project quotation and pay a further non-refundable deposit to form a new commission agreement.

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Ownership 

The finished Artwork, upon receipt of final payment from Client by Artist shall transfer to Client. Nothing herein shall be considered or interpreted as a transfer of any of Artist’s intellectual property rights which are at all times retained by Artist. Client shall have no right to modify or create derivative works of the Artwork, to use the image for promotion of a product or for resale or in any other manner other than as intended under this Contract. If final payment is not received, the ownership of the Artwork shall not transfer to Client, and Artist shall retain all rights therein. 

 

Intellectual Property 

Artist retains all intellectual property rights in and to the Artwork and all sketches or other works of art that are created in connection with delivering the services hereunder. These rights include, but are not limited to copyrights, regardless of whether the works are marked with copyright notifications, and trademarks, including but not limited to Artist’s logo and marks. For the avoidance of doubt, this Contract does not constitute a work for hire, and Artist retains all rights not otherwise expressly granted herein.

 

Retained Rights 

Without limiting any other provision herein, without consent of Client, Artist may use images of the Artwork in its promotional materials and, at any time after delivery of the Artwork to Client, Artist can create prints of the Artwork and may distribute such prints in her sole discretion.

 

Representations, Warranties and Covenants 

Each party represents and warrants that it has the authority to enter into this Contract and its obligations hereunder do not conflict with any other agreement to which such party is bound Artist represents and warrants that the Artwork does not knowingly infringe, violate or misappropriate the intellectual property rights of any third party. Client represents and warrants that the photograph or other materials provided upon which the Artwork is based does not knowingly infringe, violate or misappropriate the intellectual property rights of any third party. Each party represents, warrants and covenants that it will at all times comply with all applicable laws.

 

Limitation of Liability 

ARTIST MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ARTWORK, AND SUCH SERVICES AND ARTWORK ARE PROVIDED ON AN “AS IS” BASIS. IN NO EVENT SHALL ARTIST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO THE OTHER PARTY IN ADVANCE OR COULD HAVE BEEN REASONABLY FORSEEN. IN NO EVENT WILL ARTIST HAVE ANY LIABILITY OR OBLIGATION AS A RESULT OF THIS CONTRACT, THE SERVICES, OR THE ARTWORK IN EXCESS OF THE COMPENSATION ACTUALLY RECEIVED BY ARTIST FROM THE CLIENT.

 

Independent Contractor 

Artist shall not be deemed an employee of Client and shall retain full discretion and authority over its means and methods of operation in meeting her obligations under the terms hereof. Under no circumstances shall the parties be considered as partners, joint ventures, co-agents, or anything other than as independent contracting parties dealing with one another at arm’s length for purposes of the services rendered under this Contract. 

 

Force Majeure 

Artist shall have no liability for any failure or delay in performing its obligations under this Contract due to any causes beyond her reasonable control, including, but not limited to, acts of God, riots, war, terrorism, pandemics, quarantine, civil commotion, breakdown of communication facilities, power failures, natural disasters and catastrophes such as tornados, fires, floods, earthquakes and hurricanes, governmental acts, significant shipping delays, or omissions, or acts of civil or military authority.

 

Governing Law 

This Agreement has been and shall be construed as having been made and delivered within the Commonwealth of Massachusetts and is governed by laws of the Commonwealth of Massachusetts without respect to conflicts of laws provisions.

 

Notice 

Any notice required or permitted to be given under the provisions of this Contract shall be in writing and shall be deemed to have been duly given on the date of delivery by email.

 

Miscellaneous

If any provision of this Contract is held to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed as if the Contract did not contain such provision.  No failure of a party to insist upon strict compliance with any obligation or condition under this Contract shall constitute a waiver of that Party's right to demand compliance upon any subsequent default. This Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Any modification of this Contract shall be in writing and signed by both parties.