Welcome to Samuel Luke Fine Art. By commissioning or purchasing artwork from this site, you confirm that you have read, understood, and agree to be legally bound by the following terms and conditions. This agreement serves as a binding contract between the client and the artist, designed to protect the interests of both parties and ensure a professional, respectful, and transparent commissioning process.

1. Commission Process

• A 50% non-refundable deposit is required to secure your commission.

• Work will not begin until the deposit has been received.

• The remaining 50% is due once the client has approved the final image.

• Final approval must be given via email, after which the final invoice will be issued. The artwork will only be shipped once the balance is paid in full.

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2. Reference Photos

• Clients are required to provide one high-quality, clear photo for the primary reference.

• Additional photos are encouraged to help capture accurate colors and the pet's personality.

• The artist does not create new poses or composite images from different photos.

• Poor quality photos may result in a declined commission.

• Clients must ensure they have the intellectual property rights or permission to use any photos submitted for the commission.

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3. Artistic Discretion & Style

• By commissioning a portrait, you are commissioning the artist's signature style.

• The background of the portrait is typically simplified and abstract to ensure the subject remains the focal point. Custom background requests must be discussed before the work begins.

• The artist reserves the right to refuse commissions that do not align with their style or standards.

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4. Progress & Final Approval

• Progress images will be sent during the painting process to ensure the client is happy with the direction.

• A final image will be sent for approval. Once approved, the remaining balance must be paid in full. Artwork will not be shipped until final payment has been received.

• No changes will be made to the painting after final approval.

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5. Shipping

• Standard ground shipping within North America is included in the commission price. International shipping is available but is not included in the commission price and will incur an additional cost, to be discussed and agreed upon prior to shipment.

• Expedited or insured shipping (e.g., signature-required delivery, insurance coverage) is available at an additional cost.

• These upgraded shipping options can be discussed during the initial consultation.

• Tracking information will be provided once the artwork has been shipped.

• The artist is not responsible for any damage sustained during shipping. Artwork will always be packed to a high professional standard using durable materials to minimize risk. In the event of damage during transit, the client must file a claim directly with the shipping carrier. The artist can provide necessary documentation to assist in the claims process but holds no liability for reimbursement or repair of the artwork once it has left the studio.

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6. Cancellations

• Commissions may be cancelled within 24 hours of payment without penalty.

• After 24 hours, the 50% deposit becomes non-refundable.

• If the artist has already begun work on the piece, cancellation is not permitted. In the event of an unavoidable cancellation after work has started, the 50% deposit will be retained to cover time and materials already invested.

• Depending on the stage of completion, the artist reserves the right to invoice the client for additional costs if substantial progress has been made on the artwork.

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7. Returns & Refunds

• Due to the custom and personal nature of commissioned artwork, returns are not accepted.

• Progress updates and a final approval image are provided to ensure satisfaction.

• Final approval implies full acceptance of the completed work.

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8. Copyright & Usage

• The artist retains full copyright of all artwork created.

• The client may not reproduce, modify, or sell the artwork or prints of the artwork without written permission.

• The artist retains the right to use images of the artwork for promotional purposes including portfolio, social media, website, and print.

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9. Timeframes & Communication

• Completion time will vary depending on the artist's schedule and complexity of the portrait.

• Clients will be informed of expected timeframes at the start of the project.

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10. Artist’s Right to Terminate

• The artist reserves the right to terminate the commission at any point at their discretion.

• In such a case, the client will be notified, and a full refund will be issued, including the initial deposit.

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11. Client Privacy & Data

• Samuel Luke Fine Art respects your privacy. Any personal information shared by the client, including name, email address, shipping details, and reference photos, will be kept strictly confidential.

• Information will only be used for the purpose of completing the commission and fulfilling the order.

• The artist will never sell, share, or disclose your information to third parties, except where necessary for payment processing or shipment of the artwork.

• Digital communications will be stored securely and retained only for as long as necessary to fulfill the commission and for business records.

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12. Licensing for Commercial Use

• All commissioned artwork is for personal use only unless otherwise agreed in writing.

• If a client wishes to use the artwork for commercial purposes—including but not limited to branding, advertising, packaging, product merchandising, resale, or digital content—a separate commercial licensing agreement must be negotiated and signed by both parties prior to the start of the project.

• Commercial licenses will be tailored to the specific use case and may incur additional fees based on the scope of usage, duration, and distribution.

• Unauthorized commercial use of any commissioned artwork is strictly prohibited and may result in legal action.

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13. Payment Disputes

• Clients are required to communicate any concerns about their artwork during the commission process to avoid misunderstandings.

• In the event of a payment dispute (including but not limited to chargebacks), the artist reserves the right to submit all correspondence, progress images, approval confirmations, and invoices as evidence of services rendered.

• Clients agree not to initiate chargebacks for completed and approved commissions.

• Any false or unjustified payment disputes may result in further action to recover owed funds and legal costs.

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14. Digital Representations

• The artist cannot guarantee exact color accuracy between digital images and the final physical artwork due to differences in monitor settings, screen calibration, and lighting.

• Slight variations are to be expected and do not constitute grounds for return or refund.

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15. Limitation of Liability

• The artist is not liable for any incidental, indirect, or consequential damages arising from the use or misuse of the commissioned artwork.

• The artwork is intended for decorative purposes only and should be handled and displayed with care.

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16. Governing Law

• These terms and conditions are governed by the laws of the State of California, United States.

• Commissioning an artwork constitutes full acceptance of these terms.

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If you have any questions, please get in touch via the Contact page or email: samuellukeFA@protonmail.com.