Art Acquisition Terms and Conditions
Terms and Conditions for acquiring commissioned or bought art from Cheryl Lawson/Bezuidenhout, herein referred to as The Artist.
The Artist’s rights: The artist retains all intellectual property rights to an artwork unless indicated in a signed agreement. The artist retains the right to revoke the use of an artwork in the event the artwork is used in a way that is harmful to the artist or to the public in any way. The artist retains the right to demand full transparency on the intended use of the artwork and should the purchaser not agree to these terms, the artist can revoke the right to use the artwork. Any artwork that is already paid for, in full or in part, will not be refunded in the case of a revocation. The artist has the right to bring legal action pertaining to any abusive use of the artwork, by a purchaser, against the purchaser and their agencies. The legal jurisdiction of the artist, British Columbia, Canada, applies in all legal proceedings. The artist is not responsible for any legal fees a legal action against a purchaser acrues for the purchaser. This includes, but is not limited to, legal fees, court fees, travel, and accommodation costs.
The Purchaser’s agreement: The purchaser agrees to divulge all pertinent information during the project briefing process, answering all of the questions the artist asks. The purchaser must divulge their true identity to the artist in the first interaction with the artist. The artist has the right to refuse an artwork commission based on the purchaser’s refusal or reluctance to provide information as requested. The artist agrees to keep private, and not use or sell, any personal information belonging to the purchaser obtained during the course of a project to any third parties. The purchaser agrees to not sell, recreate or distribute any copies or facsimiles of the artwork they purchase from the artist. The purchaser agrees that any social media display of the artwork must include a credit to the artist. The purchaser agrees to use or display the artwork in a way that is not harmful to the public or the artist, does not aid in misinformation or harmful rhetoric, hate speech or any other form of abuse to any group or person, whatsoever, regardless of affiliation or intent. Failure to comply with these terms may lead to legal action, and the immediate revocation of the right to use or display the artwork the purchaser is misusing. The purchaser agrees that in the event of a revocation from use of the artwork, all fees paid for the artwork, whether in full or in part, are forfeit.
The sales agreement: The artist agrees to provide a clear and concise quote for approval to the purchaser before any invoicing is issued. The quotation will contain all pertinent information to the purchaser so that they can make an informed decision. The artist agrees to provide an invoice upon approval of the quotation by the purchaser. The purchaser agrees to pay the artist according to the invoice terms issued by the artist at commencement of a project. Failure by the purchaser to adhere to the terms of the invoice may result in non-delivery of the artwork by the artist, and may also result in legal proceedings. The artist agrees to deliver artwork according to specifications laid out in the approved quotation, barring unforseen and unpreventable internal or external influences. The artist agrees to give the purchaser warning, when possible, that an artwork delivery will be altered, delayed or cancelled. The purchaser agrees they cannot hold the artist liable for loss or damage incurred during delivery.
No work on any project will commence until the purchaser has indicated that they have read and understood the above terms and conditions. The artist retains the right to ammend or alter the terms and conditions stated above.