Terms of Service
(Updated 11/11/2025)
By placing an order for a custom artwork through this website, you (the “Client”) agree to the following Terms and Conditions with Stephanie Slater (the “Artist”). If you do not agree, do not place an order.
The Client acknowledges that the Artist is being hired for her unique artistic style and creative judgment, as shown on stephanieandruss.com, and not to act as a technical copyist of any reference image.
1. Services and Creative Control
1.1 Commissioned Work
The Artist will create an original artwork for the Client based on reference photos and information provided by the Client. Reference photos are used for inspiration and guidance, not for exact replication.
1.2 Creative Control
The Client understands and agrees that the Artist retains full creative control over composition, color, style, and interpretation. The commission is specifically for the Artist’s own recognizable style, as visible on stephanieandruss.com.
1.3 Client Cooperation
The Client agrees to provide clear reference materials and any requested information in a timely manner. Failure to do so may delay completion.
2. Ordering and Payment
2.1 Payment in Full Up Front
All commissions must be paid in full through the online checkout at the time of order. No deposit model is used.
2.2 No Work Without Full Payment
The Artist is not obligated to begin any work until full payment has been successfully received.
2.3 Prices
Prices are determined at the time of online purchase as displayed on the website. Any prior quotes that differ from the website at checkout are not binding unless confirmed in writing by the Artist.
2.4 Taxes and Fees
The Client is responsible for any applicable taxes, customs duties, or import fees that may arise from shipment of the artwork outside the Artist’s location.
3. Timeline and Delivery
3.1 Start and Completion
Work begins after the Artist has received full payment and sufficient reference material. The Artist will provide an estimated timeframe for completion, but this is an estimate only and not a strict deadline.
3.2 Delays
The Artist may experience delays due to workload, illness, shipping issues, or other circumstances beyond her control. Reasonable delays do not constitute breach of these Terms.
3.3 Delivery of Artwork
Shipping information will be communicated to the Client. The Client is responsible for providing an accurate shipping address and for being available to receive the artwork.
3.4 Risk of Loss
Once the artwork is handed over to the carrier for shipping, risk of loss transfers to the Client. The Artist is not responsible for damage or loss in transit, though she may assist in providing documentation to help the Client with any claim against the carrier.
4. Revisions and Approval
4.1 Work-in-Progress Updates
The Artist may, at her discretion, share work-in-progress images with the Client. These are for feedback on general direction only, not for micromanaging artistic decisions.
4.2 Minor Adjustments
The Artist may allow minor adjustments if requested at an appropriate stage of the process and if they do not fundamentally alter the Artist’s style or vision. The Artist has the final say on whether a change is minor or major.
4.3 No Right to Force Changes
The Client does not have the right to demand revisions that conflict with the Artist’s style, judgment, or moral convictions. The Artist may decline changes that compromise the integrity of the work.
4.4 Subjective Dissatisfaction
Art is inherently subjective. The Client understands that commissioning the Artist is a decision based on trust in her style and portfolio. If the Client does not like the final artwork for subjective reasons, this does not mean the work has not been completed or that services were not rendered.
5. Refunds, Cancellations, and Returns
5.1 Payment for Time and Skill
By purchasing, the Client acknowledges that they are paying primarily for the Artist’s time, skill, and creative effort, not for a guaranteed specific outcome that matches a mental image.
5.2 All Sales Final Once Work Begins
Once the Artist has begun work on the commission, all sales are final. There are no refunds or chargebacks for subjective dissatisfaction, change of mind, or dislike of artistic choices.
5.3 Cancellation Before Work Begins
If the Client wishes to cancel before the Artist has started any work, cancellation is only effective if the Artist agrees in writing. The Artist may, but is not obligated to, provide a full or partial refund depending on any preparations already made.
5.4 Failure to Complete
If, for reasons entirely within the Artist’s control, she is unable to complete the artwork, the Artist will either:
Provide a full refund, or
Offer an alternative solution acceptable to the Client.
This does not apply to delays that are reasonably communicated or caused by Client inaction.
5.5 No Returns
Original artworks are not returnable. Once delivered, the artwork is considered accepted unless it arrives objectively damaged due to Artist packaging failure. In that case, the Client must notify the Artist promptly with photos, and the Artist will decide on an appropriate remedy, which may include repair, partial refund, or replacement at her discretion.
6. Ownership and Intellectual Property
6.1 Artist Retains Copyright
The Artist retains all copyright and intellectual property rights in the artwork and any related work product. This includes, without limitation, the finished piece, sketches, studies, drafts, notes, mockups, and digital files created in the process.
6.2 Client License for Personal Use
Upon full payment, the Client receives a non exclusive, non transferable license to:
Display the physical artwork in their home or private space.
Share photographs of the artwork on social media or personal websites, provided the Artist is clearly credited where reasonable.
6.3 No Commercial Use Without Permission
Any reproduction or commercial use of the artwork, including prints, merchandise, marketing materials, album covers, logos, or advertising, is strictly prohibited unless the Artist grants prior written permission. Such permission may require a separate license agreement and additional fee.
6.4 Enforcement
Unauthorized reproduction, distribution, or commercial use may infringe copyright law and may result in legal action.
6.5 Artist’s Portfolio Rights
The Artist may photograph, scan, and reproduce the artwork for her portfolio, website, social media, exhibitions, prints, or other self promotion, unless specifically agreed otherwise in writing.
7. Client Warranties and Responsibilities
7.1 Authority and Age
By purchasing, the Client confirms they are legally capable of entering into a binding agreement and, if applicable, authorized to use the payment method.
7.2 Client-Supplied Materials
The Client warrants that any photos or materials provided to the Artist:
Are owned by the Client or used with proper permission, and
Do not infringe any third party rights, including copyright, trademark, privacy, or publicity rights.
7.3 Indemnity for Client Materials
The Client agrees to indemnify and hold the Artist harmless from any claims, damages, or expenses arising from the use of Client provided materials that violate third party rights.
7.4 Timely Communication
The Client agrees to respond to reasonable questions and feedback requests from the Artist within a reasonable time. Long delays in response may delay the project.
8. Confidentiality and Privacy
8.1 Confidential Information
If, in the course of the commission, either party shares non public information, each agrees to use such information only for purposes of fulfilling this commission and not to disclose it to third parties except as required by law.
8.2 Sensitive Photos
If the Client provides sensitive or private reference photos, the Artist will not publicly share those specific images without the Client’s permission, though she may still share the final artwork where the subject is not reasonably identifiable or where the Client has consented.
9. Limitation of Liability
9.1 Foreseeable Damages Only
Neither party is liable for indirect, incidental, special, or consequential damages. Liability is limited to damages that were reasonably foreseeable at the time of purchase.
9.2 Cap on Liability
To the fullest extent permitted by law, the total liability of the Artist to the Client for any claim arising out of or relating to a commission will not exceed the amount actually paid by the Client for that commission.
10. Indemnity
10.1 Client Indemnity
The Client agrees to indemnify and hold harmless the Artist from any third party claims, damages, or expenses (including reasonable attorneys’ fees) arising out of:
The Client’s breach of these Terms, or
The use of Client supplied materials that infringe third party rights.
10.2 Artist Indemnity
The Artist agrees to indemnify and hold harmless the Client from third party claims that the Artist’s original work, when used as permitted under these Terms, infringes on another party’s intellectual property rights. This does not apply where the alleged infringement arises from Client supplied materials or Client misuse.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms are governed by the laws of the state of Massachusetts, without regard to its conflict of law rules.
11.2 Arbitration
Any dispute arising out of or relating to these Terms or a commission may be resolved by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules. The decision of the arbitrator will be final and may be entered as a judgment in any court with jurisdiction.
12. General Provisions
12.1 Entire Agreement
These Terms and the information shown during the online checkout process together form the entire agreement between the Client and the Artist regarding the commission and supersede any prior discussions or understandings.
12.2 Amendments
Any changes to these Terms relating to a specific commission must be agreed in writing by both parties. Updates to the general Terms posted on the website apply to future commissions from the time they are posted.
12.3 No Partnership or Employment
Nothing in these Terms creates a partnership, joint venture, or employment relationship between the Client and the Artist. The Artist is an independent contractor.
12.4 Assignment
The Client may not assign or transfer their rights under these Terms without the Artist’s written consent. The Artist may assign or transfer her rights if her business is sold or transferred, provided existing commissions are honored or refunded.
12.5 Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
12.6 Notices
Any formal notice under these Terms may be given by email to the address provided during checkout or to an address later provided in writing.
Last Updated: 11/11/2025
You confirm that you have read, understood, and agreed to these Terms and Conditions by placing an order and completing payment through this website.