The following shall constitute the terms of the agreement (the “Agreement”) between CherieBerie, LLC (“Artist”), and you (the “Client”) regarding the creation of a commissioned piece of fine art (the “Artwork”) of Client’s Pet (the “Subject”).
- Services. Artist shall create an Artwork of the Subject, as such information is entered on the website form, which shall be either a 8.5” x 11” Colored pencil drawing on cardstock, matted or a 9” x 12” Watercolor painting on 120 pound hot press paper, matted. Client agrees to provide Artist with several photographs of the Subject to be used as the basis for the Artwork.
- Fee and Expenses. The Fee for each portrait shall be $80.00, or any currently advertised sale price, plus NJ sales tax of 6.625%, plus shipping of $9.00 per painting. Artist may agree to waive shipping and have item hand delivered for residents of Essex County, NJ. Artist may also ship multiple pieces simultaneously and any reduction in the total shipping costs shall be at Artist’s sole discretion. Residents of states other than NJ will not be charged sales tax and shall be solely responsible for paying any sales taxes which may be due in their home state. Artist will email Client an invoice to be paid, which shall be due upon receipt and which may be paid by credit card.
- Term. Services shall commence upon payment and continue until delivery of the Artwork to client, which shall occur no later than one (1) month after receipt of the Fee. Client understands that due to the labor-intensive nature of the Services, Client shall have no final approval rights to the Artwork. Artist will, nevertheless, work with Client to deliver a mutually pleasing work of art.
- Copyright. Client grants to Artist a non-exclusive, perpetual, irrevocable license to create a derivative work based upon the photographs provided by Client. Artist shall retain all copyright in and to the Artwork.
- Warranties. Client hereby represents and warrants to Artist that it has the right to enter into this agreement and that creation of the commissioned Artwork shall not infringe upon or violate any copyrights, the right of privacy or any other rights of any other person or entity. Artist hereby represents and warrants to Client that the Artwork shall be an original work of art created under the terms of this Agreement. Artist and Client agree to defend, indemnify and hold each other harmless against any claims arising out of or in connection with any claim, demand, allegation or action by a third party that, if true, would constitute a breach of their respective representations and warranties contained in this Agreement.
- Governing Law and Jurisdiction. This Agreement shall be deemed to have been made in the State of New Jersey and shall be construed and enforced in accordance with the laws of the State of New Jersey.
- Entire Agreement. This Agreement sets forth the entire understanding of the parties regarding its subject matter. The Agreement cancels and supersedes all prior negotiations and understanding relating to the Artwork and contains all of the terms, covenants, conditions, representations and warranties of the parties hereto.