Art Commission and Sales Terms

1.2.1. This Agreement governs all sales, commissions, and collaborations between the Artist and the Client, whether for private commissions, corporate orders, or ready-to-buy artworks from the Artist’s gallery.

1.2.2. It establishes the rights, obligations, and mutual expectations of both parties.

1.3. Acceptance of Terms:

1.3.1. By placing an order, paying a deposit, or otherwise engaging in communication regarding commissioned or ready-to-buy artworks, the Client acknowledges that they have read, understood, and agree to all terms outlined in this Agreement.

2. Scope of Work / Commission Agreement

2.1. Custom Sizes, Shapes, and Formats

2.1. The Artist accepts commissions in standard or custom sizes, shapes, and orientations including diptychs, triptychs, multi-panel works, or irregular formats as agreed in writing.

2.2. Subject, Medium, and Agreement Terms

2.2.1. The Artist agrees to create an original artwork based on the mutually approved subject, medium, size, and reference materials.

2.2.2. Accepted mediums include graphite, oil, acrylic, and other traditional materials as mutually agreed.

2.2.3. Pricing reflects the time, complexity, materials, and technical difficulty of the work. More complex artworks are priced higher.

2.3. Hand-Painted Technique & Artistic Process

3. Materials, Care, and Preservation

3.1. Hand-Painted Technique & Artistic Process

3.1.1. All artworks are handmade by the Artist.

3.1.2. The Artist does not use print-on-canvas for original artworks.

3.1.3. The Artist does not produce prints or posters at this time. Any future change will be announced publicly and reflected in an updated Agreement.

3.1.4. The Artist document the creation process through video or photography.

3.1.5. All materials used (paints, grounds, varnishes, papers) are professional-grade, archival, and safe for indoor use.

3.2. Artistic Process Details

3.2.1. Graphite artworks are created exclusively on professional-grade, archival paper.

3.2.2. Oil and acrylic paintings begin with traditional surface preparation, priming, and imprimatura.

3.2.3. No print-on-canvas techniques are ever used.

3.3. Care Instructions

3.3.1. Keep artworks away from direct sunlight, strong heat sources, areas of high humidity or or extremely dry environments.

3.3.2. Graphite works should ideally be framed under museum glass.

3.3.3. Handle all artworks with clean hands.

3.3.4. Clients are responsible for protecting artworks from environmental damage or color fading.

4. Payments, Refunds, and Cancellations

4.1. Private Commissions

4.1.1. Standard private commissions require a 50% non-refundable deposit to begin work.

4.1.2. The remaining 50% balance is due upon completion, before shipment or release of final files.

4.1.3. High-value, complex, or multi-piece commissions may require 100% upfront payment. This will be agreed upon in writing before work begins.

4.1.4. Once payment has been made and work has begun, no refunds or returns are accepted under any circumstances.

4.1.5. If the Client cancels mid-project or fails to supply required materials, the deposit is retained and no further refund is issued.

4.1.6. In the event of a force majeure situation that prevents the Artist from completing or delivering the artwork, the Artist will issue a full refund of all amounts already paid by the Client

4.1.7. Any remaining balance for the incomplete portion of the order will be refunded to the Client.

4.2. Corporate / Bulk Orders

4.2.1. Corporate orders require a minimum of five artworks per order.

4.2.2. Payment for corporate orders must be 100% upfront.

4.2.3. Corporate orders include: white-label packaging, rebranding rights on Certificates of Authenticity, full export documentation handled by the Artist

4.2.4. If a force majeure event prevents the Artist from completing the full agreed number of artworks in a corporate or bulk order, the Artist will retain payment only for the artworks already completed and approved.

4.3. Ready-to-Buy Artworks

4.3.1. Ready-to-buy artworks purchased from the Artist's shop are not fully covered by general commission rules.

4.3.2. Payments for ready-to-buy artworks are final and non-refundable.

4.3.3. Exchange Eligibility:

4.3.3.1. The Client may request an exchange within 7 days of receiving the artwork.

4.3.3.2. The artwork must be returned in perfect, undamaged condition, identical to the shipped state.

4.3.3.3. The artwork must be returned in its original packaging.

4.3.3.4. The Artist must inspect and approve the returned artwork before confirming eligibility.

4.3.3.5. Approved exchanges may only be applied to an artwork of similar or higher value from the currently available pieces listed on the Artist’s website.

4.3.4. Client Responsibilities:

4.3.4.1. The Client is responsible for all shipping and handling costs, including: export fees, import taxes, customs duties, insurance, local delivery fees

4.3.4.2. All return-related logistics must comply with the Artist’s instructions.

4.3.5. Ineligible Returns:

4.3.5.1. Damaged, altered, mishandled, or improperly packaged artworks are not eligible for exchange.

4.3.5.2. Such items remain the property of the Artist and no refund or exchange will be issued.

4.4. Refunds, Cancellations and Breach of Payment

4.4.1. If the Client fails to pay the remaining balance or terminates the project mid-process:

The Artist retains the deposit,

The Artist retains full rights to the artwork, including:
• Publishing or exhibiting the artwork online or offline
• Using it in portfolios, advertising, or promotional materials
• Modifying or altering the artwork at her discretion

This applies even if the artwork includes the Client’s likeness.

4.4.2. If the Client does not complete payment within four months of the initial payment, the artwork is considered abandoned. The Artist may publish, sell, or repurpose the artwork without restriction.

4.4.3. Once payment has been made and work has begun, no refunds or chargebacks are accepted.

4.4.4. Any attempt at a chargeback constitutes a breach of contract.

5. Bulk Orders & Discounts

5.1. Graphite Artworks (A3 Format)

5.1.1. Bulk discounts apply to orders of multiple A3 graphite pieces:

5–9 pieces: 10% discount

10–19 pieces: 12% discount

20+ pieces: 15% discount

5.1.2. Discounts are confirmed in writing before payment.

5.2. Oil & Acrylic Paintings

5.2.1. Bulk orders of oil and acrylic paintings are negotiated individually.

5.2.2. Discounts, if applicable, are determined case-by-case based on size, complexity, and quantity.

5.3. All terms, including pricing, timeframes, and payment, must be agreed upon in writing before work begins.

6. Ownership, Copyright, and Client Usage Rights

6.1. Intellectual Property

6.1.1. All artworks remain the intellectual property of the Artist, Yana Evans, unless a separate, mutually signed agreement states otherwise.

6.1.2. Full payment grants the Client ownership of the physical artwork only. Copyright, reproduction rights, and all moral rights remain with the Artist.

6.1.3. Physical ownership and any granted usage rights transfer only after full payment and fulfillment of all agreed terms.

6.2. Artist's Rights

6.2.1. The Artist retains full copyright, moral rights, and reproduction rights for all artworks, including private, corporate, and institutional commissions.

6.2.2. The Artist may publish, exhibit, archive, or display the artwork in portfolios, on her website, or on social media, unless restricted by a written confidentiality agreement or NDA.

6.2.3. For sensitive subjects, the Artist may adjust identifiable details when publishing.

6.2.4. If a private commission is not fully paid, the Artist retains unrestricted rights to publish, modify, or use the artwork in any form.

6.3. Privacy Options for Private Commissions

6.3.1. For fully paid private commissions, the Artist will request written confirmation of the Client’s preference regarding publication:

Permission to publish, or

Full privacy.

6.3.2. Privacy is granted only after full payment is received.

6.4. Client Obligations and Limitations

6.4.1. The Artist’s authorship must remain visible.

6.4.2. The Client is prohibited from removing or altering the Artist’s signature or claiming authorship.

6.4.3. The Client may not:

Reproduce, print, distribute, or sell the artwork or its image,

Use the artwork for advertising, marketing, or commercial purposes,

Create derivative works or alter the artwork,

Misrepresent or obscure the Artist’s authorship.

6.4.4. Any use beyond personal display requires written approval and may require licensing fees.

6.5. Rights Granted to the Client After Full Payment

6.5.1. The Client may:

Display the physical artwork in private, personal, or corporate spaces,

Share photos of the artwork online with clear credit to: “Artwork by Yana Evans.”

6.5.2. No exclusive rights or commercial reproduction rights are granted unless negotiated separately in a written licensing agreement with additional compensation.

6.6. Corporate Client Restrictions

6.6.1. Corporate clients may not reproduce, print, distribute, advertise, or commercially use the artwork or its image without prior written approval and a separate licensing contract.

6.6.2. Any commercial usage requires additional compensation and a formal licensing agreement.

7. Certificates, Expert Documents, Taxes, & Shipping

7.1. Certificates of Authenticity

7.1.1. Every artwork includes a Certificate of Authenticity issued and signed by the Artist.

7.1.2. Certificates, expert documents, cultural export papers from the Ministry of Culture, and all tax declarations are managed by the Artist.

7.1.3. All listed documentation and taxes are included in the artwork’s price.

7.1.4. Private clients receive the standard certificate, which cannot be altered or rebranded.

7.1.5. Corporate clients may request custom-branded certificates that match their visual identity. Branding applies only to the certificate’s layout and does not affect ownership or copyright.

7.2. Corporate Branding

7.2.1. Corporate or bulk orders may be delivered without personal Artist branding if requested, allowing the Client to rebrand the artwork materials under their corporate label.

7.2.2. Rebranding or certificate customization must never misrepresent or obscure the Artist’s identity or authorship.

7.2.3. Branding adjustments apply to certificates or documentation only, not to the artwork itself.

7.3. Shipping and Client Responsibilities

7.3.1. Shipping Arrangements

7.3.1.1. Shipping methods, packaging, and delivery options are discussed and confirmed in writing before any payment or invoice is issued.

7.3.1.2. For non-standard sizes or custom formats (diptychs, triptychs, irregular shapes), shipping, stretching, and framing arrangements are confirmed in advance.

7.3.2. Logistics and Documentation

7.3.2.1. The Artist manages all logistics, export documents, cultural certificates, and shipping unless otherwise agreed.

7.3.2.2. Any special transport or handling requirements must be confirmed in writing before shipment.

7.3.3. Timelines and Restrictions

7.3.3.1. Shipping times vary by destination, regulatory conditions, and global factors, typically ranging from 3 days to 4 weeks.

7.3.3.2. Shipments are insured when available; cost and availability depend on destination.

7.3.3.3. Some countries restrict the import of wooden or plastic goods. The Artist informs clients of any relevant limitations before transactions.

7.3.4. Taxes, Duties, and Liability

7.3.4.1. Shipping costs are not included in artwork pricing and are calculated separately.

7.3.4.2. The Client is fully responsible for all import taxes, customs duties, VAT, and local delivery fees in their country.

7.3.4.3. The Artist is not liable for delays or costs caused by customs authorities or import procedures.

7.3.4.4. Liability transfers to the Client once the parcel is handed over to the courier.

8. Revisions and Approvals

8.1. For oil and acrylic commissions, the Artist first creates an A4-size black-and white graphite sketch on paper for preview before painting begins free of charge.

8.2. The Artist does not provide color sketches or digital mockups. All work is done with traditional materials.

8.3. Color schemes are agreed in writing prior to painting.The Client may provide photo references, color mood boards, or interior photos to align the artwork with their environment.

8.4. The Artist provides up to three (3) minor changes to the initial sketch for oil and acrylic commissions free of charge.
8.5. Major changes to composition or complete redraws are subject to additional charges.

8.6. During the painting process for oil and acrylic commissions, the Artist provides up to four video updates per month at early stages, and one or two updates per month as the work progresses.

8.7. Minor color feedback is accepted. Major compositional changes cannot be made once the sketch is approved.

9. Timelines, Delays, and Force Majeure

9.1. All timeframes provided by the Artist are approximate estimates, not fixed deadlines.

9.2. A graphite portrait (artwork) typically takes up to one week. In case of unexpected delays, the extension will not exceed three additional days.

9.3. Oil or acrylic paintings may require several months to a year, depending on subject, size, complexity, and technique. If delays arise, the additional time required will not exceed one to two months.

9.4. The Artist does not accept penalties or fines for missed deadlines. This is fine art and cannot be rushed without compromising quality.

9.5. For corporate clients requesting strict deadlines or penalties for delay, this is not applicable. Art creation cannot be industrially timed. Any unforeseen delay will be discussed openly, and both sides will reach a mutual solution.

9.6. If unexpected delays occur such as material shortages, artistic process requirements, drying time for thick layers, or external factors, the Artist will inform the Client immediately and provide updated estimates within the limits stated above.

9.7. Shipping delays caused by customs, geopolitical restrictions, or courier issues are outside the Artist’s control. Clients agree to discuss and accept revised delivery timelines if these issues arise.

9.8 The Artist shall not be liable for delays or failure to perform obligations caused by circumstances beyond her control, including but not limited to natural disasters, war, civil unrest, strikes, pandemics, shipping restrictions, customs issues, or government regulations.

9.9. In such cases, the Artist will notify the Client promptly and keep them informed about the situation.

9.10. Both parties will discuss and adjust deadlines or delivery terms in good faith.

9.11. If the Artist experiences serious illness or an emergency affecting work timelines, the Client will be informed immediately. Any necessary adjustments or alternatives will be discussed until a fair solution is reached.

10. Privacy, Confidentiality, and NDAs

10.1. General Principles

10.1.1. All reference photos, written communications, and project details are kept confidential and used solely for the purpose of creating the commissioned artwork.

10.1.2. Confidentiality applies to both private and corporate clients.

10.1.3. NDAs do not override payment, copyright, or licensing terms unless a separate written amendment is signed by both parties.

10.2. Corporate Clients

10.2.1. Corporate clients may provide their own Non Disclosure Agreement before sharing sensitive materials.

10.2.2. The Artist can sign a mutual NDA upon request.

10.2.3. NDA coverage applies exclusively to sensitive corporate information.

10.2.4. Publication of corporate artworks will follow the terms outlined in the signed NDA or written agreement.

10.3. Private Clients

10.3.1. Private commissions are not subject to NDAs unless specifically agreed in writing.

10.3.2. Once full payment has been received, the Artist will request written confirmation regarding publication rights. The Client may choose one of the following
• Approve publication on the Artist’s website and social media.
• Request full privacy, in which case the artwork will not be published.

10.3.3. If a commission remains unpaid, the Artist retains full rights to display or publish the work as she chooses.

10.4. Sensitive or Discreet Subjects

10.4.1. For highly private, sensual, or boudoir commissions, strict confidentiality is applied.

10.4.2. When necessary, the Artist may alter facial features or identifiable traits to maintain client anonymity.

11. Communication and Language

11.1. All communication, reference materials, approvals, and agreements must be made in writing via email to ensures mutual clarity and prevent misunderstandings.

11.2. The main language of this Agreement and all correspondence is English. The Artist may accommodate another language if agreed, but all official agreements, invoices, and confirmations will remain in English and English remains the legally binding version.

12. Governing Law

12.1. This Agreement is governed by the laws of the Artist’s country of residence.

12.2. In case of any dispute, both parties will first attempt to resolve the matter amicably through written communication.

12.3. If resolution is not possible, the matter shall be submitted to mediation or arbitration in the Artist’s jurisdiction.

13. Acceptance & Acknowledgment of Terms

13.1. By paying a deposit, providing written approval, or engaging in continued communication about the commission, the Client acknowledges that they have read, understood, and agreed to all terms outlined in this Agreement.

13.2. All agreements are handled case by case through direct communication between the Artist and the Client.

13.3. Any situation not explicitly covered in this Agreement will be discussed respectfully and finalized in writing before proceeding.

13.4. Both parties are encouraged to maintain professional, transparent, and open dialogue to ensure a smooth and fair collaboration.