Small Scale LA Commission Terms

(Updated 01/10/2024)

The Client must read and understand these terms before entering into a Commission Agreement with the Artist. Once the Client enters into a Commission Agreement with the Artist by completing the 50% deposit payment, it is assumed the Client has agreed to all Terms and Conditions.

1. Definitions

Artist: The individual providing the Commission (“Small Scale LA” or “Kieran”).

Client: The individual purchasing the Commission.

Commission: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “miniature” and “Project[s]” are used interchangeably herein and in Commission correspondence.

Commission Agreement: The discussion, documented via email (or via any other communication service, e.g. Instagram DM), in which the Artist and the Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed on the Artist’s portfolio.

Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission (i.e. The price quote is approved by the Client and the first invoice is paid, this is when the Artist begins to create the Commission).

2. Terms

1. The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.

2. The Artist has the right to refuse any Commission request, without needing to explain the reason.

3 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, or a breach of these Terms of Service.

3a. If at any point the Client has failed to respond to messages or status updates provided by the Artist for a period of longer than one month, the contract may be rendered void and further work will require renegotiation.

4. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to reproduction of the artwork as a subsequent edition.

5. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional costs, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

6. If The Client has specific size requirements for the artwork, this must specified prior to Start of Work.

7. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

8. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original Commission.

9. The Artist is not responsible for the cost of shipping a Commission; the Client is responsible for all shipment costs.

10. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service may be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.

11. Some changes, if approved, will require renegotiation of the timeframe and the fee.

12. The Artist has the right to stop work on the Commission at any time after Start of Work if these Terms of Service are breached.

13. The Client will not permit any use of the Commission or misuse the Artist’s name in any way which would reflect discredit on his reputation as an artist, or which would violate the good spirit of the Commission.

15. The Artist reserves the right to collaborate with, or supervise, other artists to deliver the Commission.

15. The Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or of any third party.

3. Required Client Information

Email Address: The Client is encouraged to contact the Artist via email (smallscalela@gmail.com) or quote form to query a Commission.

Phone Number (Optional): The Artist might call the Client when there is a conflict in schedule, payment, or a breach in the Terms of Service.

Other Forms of Communication: The Client may request a different form of communication (e.g., phone call, WhatsApp, Skype, Google Duo, Facebook Messenger, FaceTime, Telegram, etc.) to discuss a project before agreeing to the Commission Agreement, by initially using the quote form on this website. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.

Physical Address: The Artist requires the Client’s address for purposes of calculating sales tax. The Client is responsible for ensuring that their contact details are true and correct.

4. Payment

Payment: Unless stated otherwise, The Artist requires 50% of the payment up front before Start of Work and the rest of the payment to be submitted before the delivery of the Commission, unless otherwise agreed upon in the Commission Agreement.

When work on the final Artwork is complete, the Client may request a photograph of the completed miniature artwork for final approval before completing final payment. By completing the final payment of 50% of the total fee, the Client is agreeing that the Commission is complete and final.

Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions.

5. Deposit and Cancellation

The client agrees to submit a non-refundable deposit equal to 50% of the total project cost upon acceptance of the proposal.

In the event the client decides to cancel the project after the deposit has been paid, the client acknowledges and agrees that the 50% deposit is non-refundable. However, Small Scale LA commits to making reasonable efforts to sell the completed artwork to another buyer.

If Small Scale LA successfully sells the completed artwork to another buyer, the client will be eligible for a partial refund. Two-thirds (2/3) of the original 50% deposit will be returned to the client, while the remaining one-third (1/3) will be retained by Small Scale LA as a penalty fee for the cancellation.

This refund is contingent upon Small Scale LA successfully securing an alternate buyer for the artwork. If Small Scale LA is unable to sell the completed artwork, the 50% deposit remains non-refundable.

By entering into this agreement, the client acknowledges and accepts the terms of the deposit and cancellation clause outlined above.

6. Modifications

These Terms and Conditions are subject to revision without notice.