Terms and Conditions for Digital Pet Portrait Services
1. **Introduction**
- These terms and conditions govern the provision of digital pet portrait services provided by Mitchell Sahlfeld (“Artist”) to the client (“Client”).
2. **Service Description**
- The Artist provides custom digital pet portraits based on photographs provided by the Client.
3. **Order and Payment Terms**
- Orders are placed via www.mitchmakesanart.com. Full payment is required at the time of order.
4. **Photograph Submission Guidelines**
- Clients are responsible for submitting high-quality, clear photographs of their pet(s).
- The quality of the portrait is dependent on the quality of the photograph provided.
- Composition and pose will closely match the original photo.
- In submitting a photograph for the creation of a pet portrait, the Client hereby affirms and represents that they possess full legal rights to the submitted photograph, including the right to reproduce and modify the image, and grants Artist the right to use the photograph for the purpose of creating the commissioned artwork. The Client also agrees to indemnify and hold harmless Artist from and against all claims, demands, losses, and damages arising out of or in connection with any breach of this representation.
5. **Completion and Delivery**
- The estimated time for completion of each portrait is 2 weeks.
- An initial proof will be shown to Client, during which Client can review and ask for possible revision(s). (See Revisions section).
- Final portraits are delivered digitally to the Client’s provided email address.
6. **Copyright and Intellectual Property**
- The Client retains ownership of the original photograph.
- The Artist retains copyright of the completed digital portrait.
- The Client receives a non-exclusive, non-transferable license to use the portrait for personal purposes. Commercial use is prohibited unless agreed upon in writing.
7. **Refund and Cancellation Policy**
- A full refund and cancellation can be given up to 24 hours after order is received by Artist.
- Due to the custom nature of the work, orders cannot be cancelled once the portrait process has begun.
8. **Revisions**
- The service includes 1 revision. Additional revisions may be subject to extra charges.
9. **Limitation of Liability**
- The Artist is not liable for any indirect, special, or consequential loss or damage arising under these terms and conditions or in connection with the service.
10. **Force Majeure**
- Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control.
11. **Dispute Resolution**
- Any disputes related to these terms and conditions will be subject to Kansas law.
12. **Amendments**
- The Artist reserves the right to amend these terms and conditions at any time.
13. **Acceptance of Terms**
- By submitting an order, the Client agrees to these terms and conditions.
Mitch Sahlfeld