Commission Terms

COMMISSION TERMS & CONDITIONS

Effective Date: August 16, 2026

These Commission Terms & Conditions apply to custom artwork, paintings, murals, painted furniture, décor, and other commissioned creative projects undertaken by Martina V. Creative.

1. THE COMMISSION

A commission begins only after:

The project scope has been discussed;
A written proposal or agreement has been provided;
The client has accepted the agreement;
The required deposit has been paid.

Good to know: Custom design work begins once your commission has been secured with a signed agreement and deposit. This allows me to dedicate the time and creative energy your project deserves.

An inquiry, consultation, mood board, or discussion does not create an obligation for Martina V. Creative to produce preliminary artwork without an agreement.

2. PROJECT SCOPE

Each commission agreement will identify, as applicable:

Artwork type
Project description
Dimensions
Location
Materials
Design direction
Number of artworks
Number of revisions included
Project price
Payment schedule
Estimated timeline
Installation requirements
Delivery arrangements
Other project-specific requirements

Work outside the agreed scope may require an additional fee.

3. DESIGN DEVELOPMENT

The creative development process may include:

Initial consultation
Concept development
Colour direction
Sketches or digital concepts
Design refinement
Final artwork

The specific number of concepts and revisions included will be stated in the proposal.

Additional revisions may be charged separately.

4. CLIENT APPROVAL

The client is responsible for reviewing and approving designs within the agreed timeframe.

Once a design has been approved, significant changes may require an additional fee and may affect the project timeline.

Approval may be provided by email, electronic signature, written confirmation, or another agreed method.

5. CLIENT-SUPPLIED MATERIALS

If the client provides photographs, logos, illustrations, graphics, text, trademarks, or other materials, the client represents that they have the right to provide those materials for use in the project.

The client is responsible for obtaining any necessary permissions or licenses.

6. PAYMENT

The project price and payment schedule will be stated in the individual Commission Agreement.

A typical structure may be:

Deposit: [50%] upon signing
Balance: [50%] upon completion / before delivery or installation

The artwork will not be released, delivered, or installed until all amounts due have been paid, unless otherwise agreed in writing.

7. DEPOSIT

The deposit secures the project in Martina V. Creative's schedule and covers initial project preparation, planning, design development, materials, and reserved creative time.

The deposit is [non-refundable], except where otherwise required by applicable law or agreed in writing.

If the client cancels after work has begun, additional amounts may be owed depending on the work completed and expenses incurred.

8. CANCELLATION BY CLIENT

A client may request cancellation by providing written notice.

If cancellation occurs before creative work begins, the treatment of the deposit will be determined according to the individual agreement and applicable law.

If cancellation occurs after work has begun, the client may be responsible for:

Work already completed
Design time
Materials purchased
Non-refundable third-party costs
Travel or preparation costs
Other expenses reasonably incurred
Any applicable cancellation fee stated in the agreement

Nothing in this section limits rights that cannot legally be waived.

9. TIMELINE

Estimated completion dates are provided in good faith and may change due to:

Client delays
Late approvals
Design revisions
Material availability
Shipping delays
Site conditions
Weather
Unexpected circumstances
Changes to project scope

If the client delays approvals or provides information late, the project schedule may be adjusted accordingly.

10. MURAL SITE REQUIREMENTS

For mural projects, the client is responsible for ensuring that the site is reasonably ready for painting unless surface preparation is included in the project scope.

This may include:

Providing safe access
Clearing furniture or objects from the work area
Providing reasonable access to the site
Ensuring necessary permissions are obtained
Providing access to electricity or water where reasonably required
Ensuring the surface is suitable for the agreed treatment

Additional preparation or repairs not included in the original scope may be charged separately.

11. OUTDOOR MURALS AND WEATHER

Outdoor mural timelines may be affected by:

Rain
Extreme temperatures
High winds
Humidity
Surface moisture
Other unsuitable weather conditions

Outdoor painting may need to be postponed when conditions are unsuitable.

Weather-related delays will not automatically constitute a breach of the agreement.

12. SURFACE CONDITIONS

Martina V. Creative is not responsible for defects, deterioration, structural problems, moisture intrusion, peeling surfaces, or other pre-existing conditions that affect the artwork unless such work was specifically included in the project scope.

If unsuitable surface conditions are discovered, additional preparation or remediation may be required.

13. ARTISTIC INTERPRETATION

Because commissioned artwork is an original creative work, the final artwork may vary from preliminary concepts, digital renderings, colour references, or inspiration images.

The client acknowledges that:

Handmade artwork contains natural variations.
Colours may vary between screens and physical materials.
Brushwork, texture, and minor variations are part of the creative process.
The final artwork may not be an exact reproduction of a digital concept.

The objective is to remain consistent with the approved creative direction while allowing for artistic interpretation.

14. COPYRIGHT AND INTELLECTUAL PROPERTY

Unless expressly transferred in writing, copyright and intellectual property rights in the artwork remain with Martina V. Creative.

The client receives ownership of the physical artwork upon full payment, but does not automatically receive copyright or reproduction rights.

The client may not reproduce, commercialize, license, or substantially recreate the artwork without written permission.

15. COMMERCIAL USE

If a client wishes to use commissioned artwork for:

Advertising
Packaging
Merchandise
Product branding
Licensing
Commercial reproduction
Digital campaigns
Other commercial purposes

additional licensing terms and fees may apply.

Any commercial rights granted will be specifically identified in writing.

16. PORTFOLIO AND MARKETING RIGHTS

Unless otherwise agreed in writing, Martina V. Creative may photograph and display completed artwork for:

Website portfolio
Social media
Advertising
Marketing
Promotional materials
Publications
Awards and competitions
Studio documentation

If a client requires confidentiality or does not want the project publicly displayed, this should be discussed before the project begins and documented in the agreement.

17. CERTIFICATE OF AUTHENTICITY

Where applicable, original artwork may be accompanied by a Certificate of Authenticity identifying details such as:

Artist
Artwork title
Date
Medium
Dimensions
Signature
Edition information, where applicable

18. INSTALLATION

Where installation is included, the agreement will specify what installation services are included.

The client is responsible for ensuring that the property owner or other relevant party has authorized the installation.

Martina V. Creative is not responsible for hidden electrical, plumbing, structural, or other concealed conditions that are not reasonably visible before installation.

19. ARTWORK CARE

The client is responsible for following any care and maintenance instructions provided with the artwork.

For outdoor murals, normal weathering and environmental exposure may affect the appearance of the artwork over time.

Longevity will depend on factors including:

Surface condition
Exposure
Climate
Sunlight
Moisture
Maintenance
Vandalism or physical damage

No specific lifespan can be guaranteed unless expressly stated in writing.

20. CLIENT RESPONSIBILITIES

The client agrees to:

Provide accurate project information
Provide timely feedback
Review designs carefully
Provide approvals within agreed timeframes
Provide site access
Obtain necessary permissions
Make payments when due
Communicate material changes promptly

Client delays may affect the project timeline and may result in additional costs.

21. CHANGES TO THE PROJECT

Changes requested after approval may be treated as a change to the original scope.

Additional charges may apply for:

Additional design work
Additional revisions
Additional materials
Additional painting
Additional installation
Additional travel
Changes to dimensions
Changes to the project location
Changes requested after production has begun

Any significant change will be communicated to the client before additional work is undertaken.

22. COMPLETION AND FINAL PAYMENT

Final payment is due according to the payment schedule stated in the Commission Agreement.

For physical artwork, delivery or release may be withheld until the balance has been paid.

For murals, final payment may be due upon substantial completion as defined in the agreement.

23. DISPUTES

If a concern arises, both parties agree to make reasonable efforts to communicate and resolve the issue in good faith before pursuing formal legal remedies.

Nothing in these terms prevents a consumer from exercising rights available under applicable consumer protection legislation.

24. GOVERNING LAW

These Commission Terms are governed by the laws of Ontario and the applicable laws of Canada.

25. ACCEPTANCE

By signing a Commission Agreement and paying the required deposit, the client acknowledges that they have reviewed and accepted these Commission Terms & Conditions and the project-specific terms contained in their agreement.