The person or organisation to whom Paul Tyler’s quotation for caricaturist services is addressed to shall be referred to as ‘the client’. Paul Tyler and/or cartoon-face shall be referred to as ‘the artist’. A booking received from a client will be referred to as ‘the contract’, ‘performance’ or ‘the event’. The artist retains all Copyright for all artwork produced.
Confirmation - The contract represents affirmation, by the client, of the agreement made between themselves and the artist and will represent the client’s acceptance of the artist’s quoted fees, in their entirety, and these terms and conditions. The artist reserves the right to revise a quotation if the format or services booked vary in any way, for whatever reason.
Payment Terms - A deposit may be required to confirm a booking and secure the agreed event date. The booking and date will not be regarded by the artist as confirmed until any requested deposit has been received in full by the artist. Balance payment for a booking will be due 7 calendar days before the event unless agreed otherwise, by the artist, in writing. The artist reserves the right to charge interest equivalent to 2% per calendar month above the base rate of Barclays Bank on any invoice and/or balances outstanding after 14 days following the event. All prices and fees displayed or quoted or for guidance only and subject to variation, without notice, at the artists desecration until such a time that the requested deposit or fee has been paid to the artist.
Cancellations - All cancellations but be advised to writing to the artist. Telephone or SMS (text) messages will not be accepted as notice. The date that a written cancellation of any booking is received, will determine any cancellation fee payable by the client to the artist. Once a booking has been confirmed the artist may reserve a time, date and service and may so refuse other booking requests. Accordingly, charges may be payable for any cancelation of a confirmed booking or part thereof. Deposits paid to the artist by the client for an event performance are only refundable up, to but not including, the 60th day before the date of a booked event, (performance). Deposit refunds made by the artist to the client within 60 days of date the cancelation notice received.
Table of cancelation charges by the artist:-
DAYS NOTICE RECEIVED FROM CLIENT
% OF TOTAL AGREED FEE DUE TO THE ARTIST
More than 60 days
Nil (deposit refunded)
31 - 60 days
30 days or less
The artist will not be liable for venue cancelation charges or other fees not related to the contract.
Loss and Damage - Any loss or damage to equipment or property belonging to the artist, or injury suffered by the artist at a booked event, as a result of theft or misconduct by any other person or persons attending the venue in connection with a event, shall be the responsibility of the client and replacement costs will be charged, by the artist, in full. The client exonerates the artist from any liability, costs or expenses arising from the loss or damage to equipment or property or injury suffered by any person in connection with an event that may or may not result in the interruption or .
Liability - In the event of non-attendance: The artist agrees that if he can not attend an event at the agreed date for whatever reason, other than those beyond his control, all paid fees will be refunded to the client within 60 days of the date of the event. No liability will be accepted by the artist for any costs resulting from the artist not being able to attend due to unforeseen circumstances. If the event will need to be canceled or postponed either in full or part thereof, due to circumstances beyond the artists control, including, but not limited to: fire, flood, storm, weather, war, famine, disease, death, civil unrest, riot, government advice or pandemic, the artist will not be liable to refund any deposit or fee paid, either in full or part, other than in accordance with the cancelation policy given herewith.
- Achieving a likeness: While every reasonable effort will be made by the artist to achieve a likeness of a subject, due to the highly subjective nature of portraiture/caricature or cartoon, should a dispute arise, the artists decision will be final. No refund, whether in full or part thereof, will be offered to the client or subject, by the artist as the result of a dispute arising in this manner.
- Offensive, threatening, abusive or other unacceptable behaviour: Such behaviour towards the artist may result in the artist refusing to continue and/or leaving the venue without completing the agreed performance duration. In this event no refund of fees paid, whether in full or part thereof will be made by the artist to the client, venue, agency or any other party.
Future Business - Any bookings, leads, referrals or enquiries generated from an event, enquiry or commission may be used by the artist to generate business opportunities. This artist will not be liable to pay any fee or commission whatsoever to the client, venue or any other person or organisation.
Photography and Use of Images - The artist may take photographs of subjects attending an event during a performance and his artwork. The artist may also photograph, scan or copy any other piece of artwork he creates. Such images may be used for the artists portfolio, promotional literature or advertising either in print, on the internet orin any other manner. Images may appear on the artists website, other websites or his social media pages, unless the client notifies the artist in writing prior to an event or at the time of commissioning a piece of artwork.
Distance Selling Regulations 2000 - As a bespoke item a caricature/cartoon or any other piece of artwork is not subject to The Distance Selling Regulations 2000 regardless of whether purchased via an internet selling site, or any other means. The client may be offered the opportunity to approve a preliminary drawing and once the drawing has been approved the client can not, under any circumstances, then choose to reject the completed artwork. Should a dispute arise the artists decision is final. No refund whether in full or part thereof will be offered. Any offer by the artist to amend, replace or refund the fee will be as a gesture of good will by the artist and will not represent any admission of liability of the artist.
Postage & Delivery - Artwork will be sent by recorded delivery unless otherwise stated. No liability for loss or damage by the postal service will be accepted by the artist and all replacement artwork must be paid for. Artwork will be sent suitably packaged. The artist is not liable for delivery delays due to the postal service and therefor out of his control.
If you are unsure about any aspect of my T+Cs please contact me for clarification because when you place an order or book me you are agreeing to all of it!
- Paul ;^D
© all images copyright Paul Tyler 2020