Terms and Conditions

Terms and Conditions

When booking a paint job, you agree to these terms of service upon paying your booking retainer fee.  Any trade work agreed to by the Artist and another vendor is still subject to these terms and conditions.

Definitions:

This Agreement is between Jay Skorupski (“Artist”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Artist’s relationship with Client is that of an independent contractor.

 “Image(s)” means the photographic material, whether still or moving, created by Artist pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analog, photographic, optical, electronic, magnetic, digital, or any other, media.

Payment Policy

50% non-refundable retainer at the time of booking, 50% remainder due at time of completion unless otherwise noted. Payments may be made by Cash, PayPal, Apple Pay or Credit card.

Quotes are honored for 7 days. After 7 days, the quote given is null and void. 

Cancellation Policy

50% retainer at the time of booking, 50% remainder due at time of photoshoot.

Payments may be made by PayPal, Apple Pay or Credit Card upon receiving an invoice. Additional cancellation details below. 

If notice of cancellation is given less than three (3) business days after the deposit date, Client will be charged 50% fee. Client is also responsible for payment of all paint-related expenses incurred by Artist up to the time of cancellation.
For cancellations or postponements required other than inclement weather which is addressed below, or the fault of a third party, Artist will charge no additional fee, but Client will pay any and all applicable expenses incurred by Artist related to the assignment, up to time of cancellation.

Timeline Policy

Expected turnaround time is 4-8 weeks. Complex artwork, excess bodywork/fabrication and industry show timing will affect turnaround.
Rush Fee  - any job that needs to be completed outside the normal production time, or that requires overtime hours, will be charged a rush fee of 50-75% depending on urgency.

Storage / Abandonment Policy

Paint work is expected to picked up and paid in full upon completion. Any job that is not picked up or paid in full and shipped within 10 days of completion by Client is subject to a daily storage fee of up to $50/day unless otherwise discussed. Any job left unclaimed for 30 days after the date of completion will be considered abandoned and will become the property of Artist.

License Policy

Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on this Agreement. 

The term of license begins from the date Artist receives full payment of invoice and upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.

The use of any Image(s) by Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Artist.

Unless otherwise agreed, Artist retains the right to use the Image(s) for his self-promotion.

To discuss full ownership of said Image(s), please contact Artist 

General Liability and Releases

Artist will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Artist will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

Client will indemnify, defend, and hold harmless, Artist, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

Artist is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

Should Artist agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Artist gives no warranty or guarantee as to the legal validity of any release.

 In any event, Artist’s liability for all claims will not exceed the total amount paid under this Agreement.

Credit Line & Copyright Notice

Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Artist for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.

Failure to Perform

If Artist is unable to supply his artistic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Artist will attempt to procure the services of another professional Artist to fulfill his obligations. If that does not succeed, Artist will return any fees paid by Client and will have no further liability with respect to this Agreement, and Artist will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Artist.

Delivery of Products/Goods

No part of any order, including previews, will be delivered until the balance is paid in full.

Acceptance of Terms

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon and inures to the benefit of, Client and Artist, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

This Agreement will be deemed to be a contract made under the laws of the United States and the State of Connecticut, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Connecticut. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Artist.

If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between Artist and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof

Execution

Digitally signing this agreement has the same effect as manually signing a paper original.

If there is no signature box provided, payment of Deposit has the same effect as manually signing a paper original.