Terms and Conditions for Commissioned Artwork

Version 1.0.0 Last updated 2026-09-08

The Artist: Linda Rogers ("Artist," "I," "me")

The Client: Anyone who commissions artwork through this website or directly from the Artist ("Client," "you")

Commissioned Artwork / Commission: The custom oil painting, and the process of creating it, purchased by the Client from the Artist.

Please read these terms before commissioning artwork. Any payment made toward a Commission means you have read, understood, and agreed to these Terms and Conditions.

1. Acceptance No signature is required. Placing an order or making any payment toward a Commission means you've read and agree to these Terms and Conditions.

2. Reference Photos and Client Responsibility You're responsible for providing clear, adequate reference photos of what you'd like painted. You may submit multiple photos from multiple sources, including photos of different people or pets to combine into one composition, and AI-generated images used as reference. By submitting a reference photo, you affirm that you have the right to use it for this Commissioned Artwork purpose (see, Section 15.4 and 15.5). The Artist will use her judgment to combine references into a cohesive composition, but isn't responsible for likeness accuracy if the photos you provide are blurry, low-resolution, poorly lit, or otherwise inadequate. The Artist reviews all photos before accepting a Commission and confirming final pricing, and may ask for better or additional photos before starting. There's no photo reconstruction or repair service. Reference photos are used as inspiration and a starting point for an original oil painting - not as a template to be reproduced exactly. Each Commission is an original artistic interpretation: the Artist works to capture the likeness and spirit of the person or pet shown, in her own artistic style, rather than creating a literal copy of the photo. Some artistic variation from the reference photos should be expected. You'll have the opportunity to review and approve the finished piece before it ships (see Section 10).

3. Personal Performance by the Artist Every Commission is painted personally by the Artist. No part of the painting itself is delegated to a subcontractor, assistant, apprentice, or anyone else. Ordinary third-party services for things like payment processing, packaging, or shipping don't count as subcontracting the artwork.

4. Number of Subjects No more than 6 figures (people and/or pets combined) are offered per Commission.

5. Pricing Current pricing is published on the Artist's pricing page and may change at any time. Once your deposit is paid and the Commission is confirmed, your price is locked in - even if published pricing changes before the piece is completed.

6. Payment A minimum 25% non-refundable deposit reserves your spot on the schedule and begins work. The remaining balance can be split into up to 3 additional payments before completion, by agreement. The final balance is due once you approve photos of the finished painting. Nothing ships until it's paid in full.

7. Payment Methods Pay by major credit or debit card and PayPal through the website, or by another method arranged directly with the Artist (for example, Zelle or a mailed check).

8. Refunds If the Artist needs to cancel a Commission for any reason, you'll be refunded in full. If your piece is damaged in shipping, see Section 14. If you're not satisfied with the finished piece after the complimentary minor-adjustment process (Section 10), anything paid beyond the deposit is refunded. The deposit is kept to cover materials and reserved time, and the Artist retains the artwork, including the right to resell it.

9. Returns and Exchanges Because each Commission is made specifically for you, returns and exchanges aren't available once a piece is complete and approved.

10. Adjustments Adjustments are classified as Minor or Major - the Artist makes that call. Minor adjustments are free: a change based on the original reference photos, or a detail the Artist missed that was specifically requested at the time of purchase. Major adjustments - changes that go beyond the original reference photos or what you told the Artist at purchase - cost extra, agreed on before the work begins. Mention special requests at the time of purchase to avoid needing a Major adjustment later.

11. Commission Denial The Artist may decline any Commission. If you've already made a payment, it will be refunded in full.

12. Termination The Artist may end a Commission and communication with a Client for any reason. Any payments made are refunded in full, regardless of whether work had already begun.

13. Timeline of Completion The Artist provides an estimated completion date. It's an estimate, not a guarantee - the Artist will communicate any known delays.

14. Shipping and Postal Damage Shipping is charged at cost, domestic and international. You're responsible for shipping costs, and for any taxes, duties, or other fees on international orders, payable before shipment. Framing is not available or offered. All Commissioned Artwork is insured through the shipping carrier used. Once a piece is in the carrier's possession, delays are outside the Artist's control. If your piece arrives damaged, photograph the damaged packaging and contents and contact the Artist within 48 hours of delivery to be eligible for a carrier claim. Any refund or replacement the carrier grants will be passed on to you.

15. Intellectual Property Rights

15.1 Ownership of the Finished Work. Copyright in the Commissioned Artwork stays with the Artist at all times, regardless of who owns the physical painting. Purchasing a Commission transfers ownership of the physical object only, not the copyright.

15.2 License to the Client. You may display your Commissioned Artwork and enjoy it personally, and share images of it on personal social media with credit to the Artist. You may not reproduce, scan, print, or create derivative works from it, and may not use it for any commercial purpose, without the Artist's prior written permission.

15.3 Artist's Use of the Work. The Artist may photograph and use images of your Commissioned Artwork for her portfolio, advertising, social media, and website - including before the piece is delivered to you. If you'd prefer images of your specific Commission not be used on the Artist's social media, let her know in writing, and she will honor that request going forward.

15.4 Client Representations Regarding Reference Photos. By submitting a reference photo or image, you represent and warrant that you own the copyright to it, or have obtained all rights, licenses, and permissions necessary to use it as a reference for a commissioned painting, and that using it doesn't infringe the intellectual property, publicity, or privacy rights of any third party. This applies equally to conventional photographs and AI-generated images. Copyright ownership of AI-generated images can be legally unsettled and varies by jurisdiction and by the terms of the tool used to generate the image - you alone are responsible for confirming you have the right to use such an image before submitting it.

15.5 Indemnification. You agree to indemnify and hold the Artist harmless from any claim, demand, loss, or liability (including reasonable legal fees) arising from a breach of the representations in Section 15.4, including any third-party claim that a submitted reference photo infringed that party's rights.

15.6 Optional Commercial License. The license in Section 15.2 is for personal, non-commercial use only. If you want to use your Commissioned Artwork commercially, you may purchase an expanded commercial license from the Artist. Any commercial license is separate from the base Commission, must be agreed to in writing, and has its own fee and scope negotiated between you and the Artist. Copyright stays with the Artist regardless of any commercial license granted, unless she expressly agrees in writing to assign it.

16. Digital Images Images of Commissioned Artwork shown on the website or sent electronically may not perfectly represent the finished piece, due to differences in screens and color calibration. The Artist makes every reasonable effort to represent each piece accurately.

17. Changes to These Terms The Artist may update these Terms and Conditions at any time. The date at the top of this document shows the most recent revision.

18. Governing Law and Jurisdiction These Terms and Conditions, and any dispute arising from or relating to a Commission, are governed by the laws of the State of Florida, without regard to conflict-of-law principles. You agree that any dispute will be brought exclusively in the state or federal courts located in Florida, and you consent to their jurisdiction and venue.