Commission Artwork Terms & Conditions

1. Acceptance of Terms

By engaging Sam Walton ("the Artist"), requesting a quote, paying a deposit, or proceeding with a commissioned artwork, the Client acknowledges that they have read, understood, and accepted these Terms & Conditions.

These Terms operate in conjunction with the Australian Consumer Law and any rights available to consumers under applicable legislation.

2. Nature of Commissioned Artwork

The Client acknowledges that commissioned artwork is an original creative service.

While the Artist will make every reasonable effort to create artwork that reflects the Client's brief, inspiration images, colour preferences, and requested subject matter, the final artwork will be interpreted through the Artist's individual style, techniques, materials, and creative process.

The Client understands that artwork is not an exact replication service and that the final result may differ from expectations, reference images, sketches, mock-ups, or digital previews.

Minor variations in colour, texture, composition, scale, and finish are an inherent part of the artistic process and do not constitute a defect or failure to deliver the commissioned work.

3. Deposit & Payment

3.1 Deposit

A non-refundable deposit equal to 25% of the total quoted commission price is required before work will commence.

The deposit secures the commission booking, covers consultation time, concept development, administration, and materials purchased specifically for the project.

3.2 Cancellation by Client

If the Client cancels the commission at any stage after payment of the deposit, the deposit remains non-refundable.

Where substantial work has already been completed beyond the deposit value, the Artist reserves the right to invoice the Client for work completed up to the cancellation date.

3.3 Final Payment

The remaining balance must be paid in full before:

  • delivery of the artwork;

  • collection of the artwork;

  • release of high-resolution digital files; or

  • shipment of the artwork.

Ownership of the physical artwork remains with the Artist until full payment has been received.

4. Concept Draft & Approval Stage

Depending on the nature of the commission, the Artist may provide a preliminary concept sketch, draft, colour study, or compositional outline for review.

The purpose of the draft is to communicate the general direction of the artwork and provide an opportunity for feedback regarding:

  • composition;

  • placement and scale of major elements;

  • colour direction;

  • overall concept.

The Client acknowledges that the draft is not a representation of the finished artwork and that the final artwork may differ significantly in appearance, detail, texture, colour, and execution.

Approval of the draft constitutes approval to proceed to the final artwork stage.

5. Revisions & Changes

5.1 Draft Stage Revisions

Reasonable feedback and minor changes may be requested during the draft stage before final artwork production begins.

Major changes to the approved concept after commencement of the final artwork may incur additional fees.

5.2 Final Review

Once the Artist considers the artwork substantially complete, the Client will be provided with a styled image or photograph of the artwork for review.

The Client may submit one round of feedback at this stage.

Any requested amendments must be communicated within 7 days of receiving the review image.

5.3 Scope of Final Revisions

Final revisions are limited to minor adjustments that are reasonably achievable without materially altering the completed artwork.

Examples may include:

  • minor colour adjustments;

  • refinement of small details;

  • minor compositional corrections.

The Artist is not required to undertake major redesigns, repaint substantial sections, alter the approved concept, or recreate the artwork.

The Artist reserves the right to determine whether a requested amendment constitutes a minor or major revision.

6. Additional Revision Fees

Any revisions, changes, consultations, redesigns, or requests outside the agreed scope of work may be charged at the Artist's current rate of:

$145 AUD per hour (including GST where applicable).

Additional work will not commence until approved by the Client.

7. Timeframes

Estimated completion time for commissioned artwork is generally between 1–2 months from commencement.

Completion times are estimates only and may vary depending on:

  • artwork size;

  • complexity;

  • drying times;

  • material availability;

  • workload;

  • unforeseen circumstances.

The Artist will communicate any significant delays as soon as reasonably possible.

Priority Commissions

Where a completion date of less than four (4) weeks is requested, the Artist may apply a priority fee to accommodate the project ahead of existing commitments.

8. Shipping, Collection & Risk

Where artwork is shipped, reasonable care will be taken in packaging.

Risk in the artwork transfers to the Client upon collection or upon delivery to the nominated shipping provider.

The Artist is not responsible for delays, loss, or damage caused by third-party freight or postal services.

Insurance during transit can be arranged at the Client's expense upon request.

9. Copyright & Intellectual Property

Copyright in all artwork remains the property of the Artist under the Australian Copyright Act 1968 (Cth), unless otherwise agreed in writing.

The purchase of a commissioned artwork does not transfer copyright.

The Client may display the artwork for personal enjoyment and non-commercial purposes.

The Client may not:

  • reproduce the artwork;

  • create prints;

  • use the artwork for advertising;

  • use the artwork on merchandise;

  • license the artwork to third parties;

  • create derivative works;

without prior written permission from the Artist.

Commercial licensing may be negotiated separately.

10. Artist Promotion Rights

Unless otherwise agreed in writing, the Artist retains the right to:

  • photograph the artwork;

  • share progress images;

  • display the completed artwork;

  • publish the artwork on websites, portfolios, exhibitions, social media platforms, and promotional material.

Where confidentiality is required, the Client must request an embargo or confidentiality agreement before work commences.

11. Acceptable Content

The Artist reserves the right to decline any commission request at their sole discretion.

The Artist may refuse subject matter, concepts, imagery, text, or requested alterations that are:

  • unlawful;

  • discriminatory;

  • defamatory;

  • offensive;

  • harmful;

  • inconsistent with the Artist's values;

  • otherwise deemed unsuitable by the Artist.

12. Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any rights or remedies available to consumers under the Australian Consumer Law.

Where services are supplied to a consumer, statutory guarantees may apply and those rights cannot be excluded.

13. Governing Law

These Terms & Conditions are governed by the laws of Queensland, Australia.

Any dispute arising from these Terms shall be subject to the jurisdiction of the courts of Queensland.

Artist: Sam Walton
Business: Sam W Studio

Last Updated: June 2026