Terms and Conditions

Terms and Conditions

LIVE EVENTS – Live painting & Live guest portrait painting 

These terms of engagement will be the terms and conditions under which all dealings between Live Artist Collective and the “Client” will be contracted and conducted. The “Client” is defined as the “Client” who has accepted the quote sent by Live Artist Collective and where a deposit has been paid.  

1. FEES AND CHARGES 

1 Fees 

In consideration of the services to be performed by Live Artist Collective, the Client shall pay to Live Artist Collective all agreed fees in the amounts and according to the payment schedules proposed. 

$700 non refundable retainer to secure the date of the event.  

The remaining balance is to be paid no less than 30 days (about 4 and a half weeks) prior to the event date.  You will receive an invoice at this time.

1.2 Progress Payments 

For events involving travel, a progress payment is required to book travel. This shall be 6 months prior to the event date. Where the event is less than 6 months away, full travel fees will be payable on booking.  

1.3 Event Cancellation 

In the event of the cancellation of an event/wedding by the Client, the Client acknowledges that Live Artist Collective shall keep all retainers. If travel has been booked, the client forfeits all funds used for travel bookings.  

Cancellations made within 30 days of the event date will result in forfeiture of 50% of the total invoice. Cancellations made within 7 days of the event date are non-refundable.

If any artist within the Live Artist Collective is unable to provide services for the wedding, Live Artist Collective will refund the full amount to the client.  

*Exceptions to this are in the event the cancellation is out of the control of Live Artist Collective. Such incidences include but are not limited to flight cancellations or delays, traffic delays out of Live Artist Collective control, severe illness or accidents to the artist, severe weather events and acts of nature. In these cases, we will paint the chosen painting after the event with the footage from the photographer/videographer.

In the event that the selected artist becomes unavailable to perform the booked services, we reserve the right to assign a replacement artist from our collective of equal professional standard to fulfil the booking. If no suitable replacement artist is available, the Client will receive a full refund of all amounts paid.

2. PRODUCTION 

2.1 Materials 

All materials and production, including framing shall be deemed acceptable if the final product is within the acceptable variations as to kind, quality and price in accordance with the current or standard trade practices identified by the supplier of the services.  

2.2 Final Painting 

The client acknowledges that each painting can vary in design and quality as these are live paintings and are an artist interpretation of the day, not a photograph. The outcome of the painting is deemed acceptable if it covers the moments the client requested/agreed upon and is the correct size and medium the client requested on the information form provided. There are no refunds based on outcome or change of mind. 

2.3 Final Portraits 

The client acknowledges that each painting can vary in design and quality as these are live paintings. Paintings are an artist interpretation and are not expected to be realistic. The outcome of the painting is deemed acceptable if it covers the guests the client requested and is the correct size and medium the client was informed on, on the information form provided. There are no refunds based on outcome or change of mind. 

 2.4 Delivery of goods – live painting

The live paintings created by Live Artist Collective will not be delivered on the day of the event. Amendments will be made after the event, and each painting will be added to a queue. Live Artist Collective reserves the right to amend paintings for up to 120 days (about 4 months) after the event before delivering.  

Once the painting is ready for delivery, the client shall be notified by email.  

Live Artist Collective uses Australia Post to deliver and takes no responsibility for losses and damage while in the care of Australia Post. If the client would like to have a courier delivery, communication must take place before dispatch and all costs associated with these services are payable by the client before dispatch. 

2.3 Delivery of goods – Guest portraits

Guest portraits will be delivered to the guests on the day of the wedding. Exceptions to this are when the guest count exceeds 50 (given a 6 hour time period). In this case, the portraits will be completed in the studio and sent out within 4 weeks of the event.

This will be communicated with the couple prior to the wedding, or on the day in the case of a surprise gift.

Live Artist Collective will be responsible for painting approx 10 guests per hour.

4. CLIENT RESPONSIBILITIES 

4.1 General 

The Client acknowledges that it shall be responsible for performing/providing the following:  

(a) Completing all information forms, sending through any imagery or documents related to the event and the painting, and sending to Live Artist Collective for planning the painting in a timely manner. 

(b) Providing vendor meals, access to power and any furniture needed for the painting on the date of the event. This can be organised through the client directly or through the event planner/venue.  

4.2 No Solicitation 

During the term of this Agreement, and for a period of twelve (12) months after expiration or termination of this agreement, the Client agrees not to solicit, recruit or engage any employee or agent of Live Artist Collective in further work privately.

In the event such employment or consultation occurs, the Client agrees that Live Artist Collective shall be entitled to an agency commission to be the greater of, either (a) 25 percent of said person’s payment from the Client, or (b) 25 percent of fees paid to said person if engaged by the Client as an independent contractor.  

In the event of (a) above, payment of the commission will be due within 30 days (about 4 and a half weeks) of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for the Client. Live Artist Collective, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law. 

5. PROMOTION 

5.1 General 

The Client agrees that Live Artist Collective retains the right to reproduce, publish and display any deliverables in promotional materials, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses. 

6. RELATIONSHIP OF THE PARTIES 

6.1 Independent Contractor 

The Client acknowledges that Live Artist Collective is an independent contractor, not an employee of the Client or any company affiliated with the Client. Live Artist Collective shall provide services under the general direction of the Client, but Live Artist Collective shall determine, in its sole discretion, the manner and means by which the services are accomplished. This agreement does not create a partnership or joint venture and neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. 

6.2 Force Majeure 

The Client acknowledges that Live Artist Collective shall not be in breach of any agreement if it is unable to complete the services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Live Artist Collective’s control (collectively, ‘Force Majeure Event’). 

7. PANDEMIC/COVID 19 TERMS 

7 Cancellation due to Covid – 19 or Pandemic of any kind.  

If the work cannot be carried out due to pandemic restrictions, the client is able to reschedule to another date with no loss of deposit. If the date is unable to be serviced by a Live Artist Collective artist, Live Artist Collective reserves the right to pass the client onto another painter outside of the collective. 

If no painter is available, the client will receive 50% of the invoice refunded.