Client Disclaimer -
Commissioned Pet Portraits by Sharen Martinson
Thank you for choosing me to create a portrait of your beloved pet. Please take a moment to read this important information before we begin.
ARTISTIC STYLE AND INTERPRETATION
Every portrait is lovingly created by hand using your photos and my personal style. While I always aim to capture your animal's spirit and likeness, please know this is a work of art and not an exact photo replica. As such no guarantee can be made for any liability once you have approved in writing the final preview and given me permission to complete the artwork. You will, therefore, be liable for the balance of payment for our agreed upon amount minus the deposit you paid.
Sharen Martinson disclaims any liability after you have given final approval to complete the portrait for differences of opinion in likeness, spirit or essence due to freedom of artistic expression.
PHOTOS AND FINAL POSE
You'll provide several photos and choose one to be the main reference image. Please make sure they are clear and well lit. You may also request a background color or tone. Sharen Martinson claims no liability for unsuitable reference materials not provided after she informs you she needs better photographs. You are responsible for the quality of photographs and for providing them to Sharen. If I have informed you by e-mail I need better photographs and you do not respond, I will go forward with the pet portrait using the photos you provided. I am not liable for any delay due to you not answering or not providing my request for better materials. As such, I disclaim any liability for delay or quality due to less than clear photographs.
APPROVAL PROCESS
Once the painting or artwork is nearly done, I will send you a digital image to review. You can request small changes at that time. After you send me your final approval by e-mail, I will complete the portrait and no more changes can be made. Sharen Martinson disclaims all liability for changes requested after the final approval by e-mail have been completed. Sharen will complete the pet portrait upon receipt of your written final approval. If Sharen does not receive this final approval, she will attempt communication by e-mail or text, or telephone to complete the approval process to be able to complete the painting. If she does not hear back from you within 48 hours, Sharen will proceed to complete the painting. You not responding and going forward through the final approval process, does not take away Sharen's right to payment. Sharen disclaims any and all liability for the finished product being unsatisfactory because of you not communicating any of the changes in the final approval process. Not responding to communications and the approval process waives your right to dispute the end product should you claim it is unsatisfactory due to those small changes not being made.
PAYMENT
An agreed-upon deposit is needed before I start your piece. The usual amount is $50 which can be changed to facilitate faster service or other factors by written (e-Mail) agreement. Once I begin your pet portrait it will be completed within two weeks as long as there are no delays from your end with the approval process or providing good reference photographs. I disclaim any warranty for completion of the pet portrait as agreed upon when the other facets of our written agreement have not been followed.
Full agreed upon payment or agreed upon donation) is due before pick up. Because each piece is custom and takes many hours, deposits are nonrefundable once work has begun. any portrait that is not picked up when agreed upon nor final payment received or communications answered, will be considered abandoned after thirty days. Sharen disclaims any liability for an abandoned portrait that it will be available after the 30 day time period.
PICKUP ONLY
I don't offer shipping or delivery. Your pet portrait must be picked up in person by you or your agent, in person from my home or another agreed upon location. Once it leaves my hands, it is yours to care for and enjoy. Sharen Martinson disclaims any liability for damage or delivery once the portrait leaves her hands and transfers to you or your agent's hands.
DISCLAIMER OF LIABILITY
I DISCLAIM ANY LIABILITY FOR ANY DAMAGE, INJURY, ALLERGIC REACTION, OR ISSUE RELATED TO MATERIALS USED IN THE ARTWORK ONCE THE PIECE IS PICKED UP. I DISCLAIM ANY GUARANTEES REGARDING SUITABILITY FOR FRAMING, ENVIRONMENTAL DURABILITY OR DISPLAY CONDITIONS. YOU, AS THE CLIENT, ASSUME ALL LIABILITY FOR ANYTHING HAVING TO DO WITH YOUR PORTRAIT ONCE IT LEAVES MY HANDS AND IS TRANSFERRED INTO YOU, OR YOUR AGENT'S HANDS.
SHARING YOUR PORTRAIT
I may photograph your portrait to share on my website or social media (unless you ask me not to.) You are welcome to share your portrait online, but please do not copy it or sell it without my written permission. Sharen Martinson retains copyright of all commissioned portraits and artwork completed by her.
DELAYS
Sharen disclaims liability for any delays in completion of your portrait due to illness or unforeseen circumstances or emergencies of any nature be it personal, national or worldwide. She will inform you by written e-mail of the delay and when she expects to complete the portrait.
LEGAL AGREEMENT
By commissioning a portrait and submitting your order form and/or deposit and payment/donation/gift, you confirm you have read, understand and agree to this disclaimer.. This disclaimer shall be governed by the laws of the state of Iowa in which Sharen Martinson resides. You further warrant that you have read, understand and agree to Message of the Heart privacy policy and disclaimer of warranties. Continued use of this website and submission of your order form serves as your acknowledgement that you have read, understand and agree to these legal statements.