Scope of Work Commissioned
By submitting a deposit, purchasing and/or hiring Dustin Miller of Dustin Miller Gallery, you agree to this Commission Agreement that’s purpose is to protect the artist Dustin Miller as the performer of services. To begin a commission, a deposit that is a percentage of the total commission cost will be required before any work can begin. By paying the invoice you agree to the turnaround time, design, scope of work, shipping methods and other specifications defined by the artist Dustin Miller or Dustin Miller Gallery. The design of your artwork may not reflect exactly as a model, draft, rendering or sketch may show. Every piece is custom made and not manufactured to a template or replicated based on any provided drafts. By paying this deposit it is in good faith that you have authorized the artist Dustin Miller or Dustin Miller Gallery to create your artwork based on his best discretion that is based on the scope of work. The scope of work or proposal may be in reference to a rendering, model, portfolio piece/design or a sketch.
Once a deposit is submitted, there are no cancellations unless otherwise approved by the Artist Dustin Miller or Dustin Miller Gallery. Any slight variances in size, color or shape are not grounds for cancellations, returns or refunds. If the Artist has completed the finished artwork at the time of the cancellation (approved and agreed by the Artist), Client agrees to compensate the amount in full as otherwise provided in this Agreement. If this Agreement is terminated by Client or the work is refused after Completion by Artist, Artist shall deliver the artwork to the Client as it will now be their property unless otherwise negotiated with the Artist for return. Additional fees will be charged for revisions that are not due to any fault on the part of the Artist, and for revisions reflecting a new direction to the assignment, or new conceptual input. All damages, design issues or installation requirements are addressed on a per case basis and to the best discretion of the artist, Dustin Miller and Dustin Miller Gallery. Dustin Miller or Dustin Miller Gallery is fully insured and not responsible for damage to the artwork from delivery, incorrect installation, injuries or misuse of the artwork.
Any delinquent payments due Artist from Client shall bear interest at the highest applicable statutory rate in any jurisdiction in which the Agreement is made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of five percent (10%) per month. Client agrees that it shall bear responsibility for any fees incurred by Artist in enforcing this Agreement, including but not limited to attorneys’ fees and court costs.
Artist and Client agree that the following rights shall be transferred from Artist to Client upon receipt of full payment.
Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works) to Work to Client, excluding only the right to authorship credit, which is retained by Artist.
Artist’s Right to Authorship Credit
Artist may use Work in Artist’s portfolio (including, but not limited to, any website that displays Artist’s works). When asked, Client must properly identify Artist as the creator of Work. The Artist reserves the right to use images of the artwork or surrounding area in media, website, social or marketing platforms. Client does not have a proactive duty to display Artist’s name together with Work, but Client may not seek to mislead others that Work was created by anyone other than Artist. The artist reserves the right to display a signature, name or website on the artwork.
Client and Artist agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties, and that no additional terms exist that are not included herein. To the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.
Unauthorized Use by Client; Indemnity
Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs incurred as a result of Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.
Warranty of Originality
Artist represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Work by Client which may infringe upon the rights of any other person. Client agrees that it shall hold Artist harmless for any claim or liability caused by Client’s use of Artist’s product to the extent such use infringes upon the rights of any other person
Liability & Damages
Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work caused by intentional, accidental or negligent acts of any third party. The Artist agrees to address and resolve any damage/insurance claims that arise from transportation or handling by the Artist or 3rd party. Client agrees to inspect the artwork upon delivery. Client agrees to report and provide photographed proof of any such damages immediately upon delivery by emailing firstname.lastname@example.org or calling 727-481-1968. Vandalism and other damages caused by 3rd parties or negligence is not the Artist’s responsibility to address unless otherwise agreed by the Artist.
Injury & Mishandling
Client agrees that upon delivery or installation of the artwork, the Artist is released from liability involving any injury or foul play involving the artwork. The installation of the artwork is determined by the communication between Artist and Client, contract or proposal agreement. If artwork is installed by the Client or 3rd party, the Artist is not liable for any injury, mishandling or failure to properly install the artwork to any standard. For installations performed by Client or 3rd party, it is their responsibility to communicate with the Artist for any questions about proper installation for the artwork.
Every piece is a custom created piece of artwork. Returns and refunds are NOT accepted. Including for reasons such as slight variances in size, color or shape from a rendering or image. The consumer or customer assumes all risk for hiring the artist Dustin Miller of Dustin Miller Gallery to create their artwork. In the event of an unsatisfactory outcome, the artist Dustin Miller and Dustin Miller Gallery will attempt to resolve this issue, if it is an issue within a valid reason. Such as damage during shipping, a significant size difference, a significant color difference or other damages visible. The buyer is responsible for all shipping charges when returning artwork for reasons other than damage or defect including the original shipping charges when initially purchased. If you cannot provide proof of shipment for the artwork upon request within 14 days, the refund will not be issued and you will be required to keep the artwork. It is the buyers responsibility to immediately inspect the artwork and packaging for damage. If there is damage, report it to us immediately by contacting us. All packaging and materials must be kept. If you receive your artwork damaged due to shipping. You may NOT cancel or change your mind about a purchase due to damages occurred during shipping. You may need to send the artwork back to us. Damaged artwork will be expedited replacement or other arrangements will be made. You will need to send pictures of all original packaging and parts for a replacement or refund depending on the arrangements made.
In the event of an unsatisfactory transaction, a negative review posted publicly that shares any information about refunds, conversations held between the customer and seller, and information hindering or damaging the artist/shop’s reputation for Dustin Miller Gallery in any way is a direct violation of privacy rights.