Terms and Conditions
Last updated: 24/09/2024
1. Services Provided: Live Event PORTRAIT Art
Live Drawing: I will create 5-10 minute fashion-style portraits of event guests during the agreed-upon timeframe.
Pop-up Gallery: Artwork will be displayed in a pop-up gallery throughout the event.
Illustration Delivery: Guests may collect their illustrations during the event, which will be presented in protective plastic bags.
Any additional services or customisation as discussed and agreed upon.
2. Payment Terms & Cancellation Policy
The total fee for the live illustration services is broken down as follows:
Booking Deposit: A deposit of half the total amount is due upon signing this contract, of which the first invoice will be sent shortly after the contract is signed, to secure the event date. The deposit will be applied toward the total fee.
Cancellation: You have the right to cancel this contract, in line with your consumer rights, within 14 days of this contract being made, and receive a full refund of your booking deposit.
Final Payment: The remaining balance is due 7 days prior to the event. Failure to pay the final balance on time may result in the cancellation of services and loss of your deposit.
3. Rescheduling Policy
Rescheduling must be agreed upon no later than 2 weeks prior to the event day.
If the event is rescheduled, the deposit may be transferred to the new date (subject to availability).
Should the Artist not be available on the Clients new date the deposit can be transferred to a new agreement where the artist shall not attend live, but complete the illustrations from photos (provided by The Client) after the event and sent to The Client within fourteen days of receiving the photos. The remaining balance is then half of the original second payment.
4. Event Requirements
Space: The Client will ensure that sufficient space and lighting are provided for the artist to set up her workstation and pop-up gallery.
Breaks: For events exceeding 4 hours, the Artist will require a 30-minute break, and for every four hours following.
Accessibility: The Client agrees to provide access to the event at least one hour before the start time for set-up.
5. Client Responsibilities
The Client agrees to provide the necessary information about the event, including guest count, venue layout, and any special requirements.
The Client must ensure that guests are aware of the artist's work and are responsible for their guests consent to be illustrated.
The Client is responsible for informing the artist of any event changes, including schedule or location, at least 7 days in advance.
5. Artist’s Responsibilities
In the case of delay or failure in providing services due to circumstances beyond the Artists control, such as accidents, extreme weather, illness, or other unforeseen events, a full refund shall be provided at the nearest availability to the Client.
The Artist has valid Public Liability Insurance and can produce the documents for verification if needed.
7. Artwork Ownership & Use
Ownership: The Client and event guests retain the ownership of the physical illustrations they receive. Any and all photographs taken of the guests for the specific and only purpose of being the illustration reference, shall be fully deleted from all devices, unless the Client requests the photo references to be kept and shared with them as an informal photobooth, in which case the Client must ensure the consent of their guests beforehand.
Artist’s Rights: The Artist retains all intellectual property rights to the artwork created. The Artist may use photographs or digital copies of the illustrations or the event for her portfolio, marketing, and promotional purposes unless the Client has requested otherwise in writing.
8. Confidentiality & Privacy
The Artist agrees to keep all personal and event-related information provided by the Client confidential and will not disclose it to any third parties without the Client’s permission, except on a need to know basis.
9. Media & Photography
The Client agrees that Elm Clarke may take photographs or video recordings of the live illustration process and artwork for marketing and promotional use. If the Client or Guests do not wish to be photographed, they must inform the Artist in advance, and provide reasonable identification information to the Artist or inform the Artist directly on the day. The Guests of the Client reserve the right to request the Artist take down any photographs of themselves from the Artists social media or website.
10. Liability Limitation
Service Delivery: the Artist will make every effort to provide the services described in this agreement in a professional and timely manner. However, the Artist shall not be liable for any minor delays, interruptions, or variations in the completion of the artwork that arise from circumstances beyond their reasonable control, including but not limited to event conditions, lighting, or space constraints.
Artwork Variations: The live illustrations are a creative interpretation and will not be exact replicas of any photographs or the subjects themselves. By commissioning these services, you acknowledge and agree that artistic interpretation is subjective, and minor variations are expected. The Artist shall not be held liable for dissatisfaction due to differences in artistic style or interpretation.
Accidents and Damages: While every effort will be made to protect the artwork from damage, the Artist shall not be held liable for any loss or damage to the artwork after they have been handed over to the client or event guests. The artist shall not be held liable for any accidents, damages, losses, or injuries that may occur during the event unless caused by their negligence.
11. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from this agreement will be resolved in the courts of the United Kingdom.
If you have any questions or concerns, please contact me at:
Ellie Clarke | Elm Clarke Illustration
contact@elmclarke.co.uk
By using my website or services, you consent to these terms and conditions.