Please read these terms and conditions prior to commissioning artwork from Jennifer Theberge, otherwise referred to as the Artist for the remainder of this document. Any payment made towards a Commission declares that you, the Client, have read, understood and agreed to these terms of service.

The Artist: Jennifer Theberge

The Client: Anyone who makes a purchase through this website, or directly from the Artist.

Commissioned Artwork/Commission: Service and product purchased by the Client from the Artist.

ACCEPTANCE

The Client does not need to provide a signature of any kind for these terms and conditions to apply. If the Client commissions the Artist, or makes a payment through this website of any kind, they signify that they have fully read and agreed to these terms of service.

PAYMENT TOWARDS COMMISSIONED ARTWORK

The Client agrees to pay a non-refundable deposit of 50% of the total painting cost of the Commissioned Artwork in order to reserve the Client’s spot on the Artist’s schedule. Once the Client has approved the final photo of the painting, the balance (including shipping and handling costs if applicable) must be paid. Clients are to pay the final balance within one week of the completion date, unless another payment date has been discussed and agreed prior. No Commissioned Artwork is to be shipped or received until all outstanding balances are paid by the Client.

PAYMENT METHODS

The Client may pay for their Commissioned Artwork via: Visa (credit and debit cards), MasterCard (credit and debit cards), and PayPal. The Client may contact the Artist to request payment be made via mailed check, Apple Pay, Zelle, or Venmo.

TERMINATION OF COMMISSIONED ARTWORK

The Artist reserves the right to terminate this Commission Agreement at any time, whether prior to commencement or during the execution of the commissioned work, for any reason, including but not limited to: repeated discourteous or inappropriate communication, failure by the Client to adhere to the terms of this Agreement, unreasonable demands placed upon the Artist, use of threatening language or behavior, or any form of harassment.

NON-COMPLETION OF PAYMENTS

• Non-Payment After Work Completion:

If full payment isn’t made on time (including any granted extensions), and the work is complete, the sale is cancelled. Any unpaid amounts are cancelled. Payments already made are non-refundable.

• Client Cancels After Work Has Started:

If the Client decides they no longer want the piece after work has begun, the Artist keeps the 50% deposit to cover time and materials.

• Client Cancels Before Work Has Started:

Even if work hasn’t started, the Artist reserves the right to retain the 50% deposit if the Client cancels.

RETURNS AND EXCHANGES

Due to the personalized nature of each Commissioned Artwork, returns and exchanges cannot be made.

PRICING

Commission pricing on this website is subject to change at any time. Bookings secured with deposit and are already in progress are not subject to price increases.

REFERENCE PHOTOS

The photographs provided for reference images must have been taken by the client, or permission for their use obtained by client from the person who took them. If the project is to be a gift, the client accepts responsibility for sourcing and using images that are of the recipient’s pet. By sending me reference photos you grant me permission to use them in my publicity and advertising media (such as showing a comparison between the reference photo and the final artwork).

ADJUSTMENTS

While the Artist does everything in their power to ensure satisfaction with each Commissioned Artwork, sometimes adjustments are needed. Adjustments are classified as Minor and Major adjustments. Only the Artist can classify an adjustment.

• Minor Adjustments: Most adjustments completed by the Artist are classified as Minor. Minor adjustments are completed at no extra charge. An adjustment is classified by the Artist as Minor if: the Client is able to point out needed changes to the Commissioned Artwork that are based on the original photographs provided to the Artist at the time of purchase, or the Artist missed a detail in the Commissioned Artwork that was specifically requested by the Client.

• Major Adjustments: If the requested changes deviate from the original reference photographs provided to the Artist by the Client, or otherwise contradict information provided to the Artist by the Client at the time of purchase, a Major adjustment can be made for an extra cost. Any special requests for the Commissioned Artwork must be made at the time of purchase to avoid the possibility for a Major adjustment. No Major adjustment will be made until a price is agreed upon by the Client and the Artist. Major adjustment charges are priced at $25 per hour.

TIMELINE OF COMPLETION

The Artist provides an estimated date of completion to each Client who commissions artwork from them. The Client acknowledges that the date range they receive for the completion of their Commission is an estimation and not a guarantee. The actual date of completion may vary by any amount of days from the original estimation. The Artist is responsible for communicating any delays to the Client if their Commissioned Artwork is not complete by the original estimation.

SHIPPING

• Shipping within the United States:

The Artist ships Commissioned Artworks that are 11”x 14” or smaller through USPS Priority mail. Any commissioned artwork that is larger than 11”x14” may be shipped through UPS or FedEx. Shipping charges are calculated and added to the final invoice. The Client may request another provider but will be responsible for paying the difference (if there is one). The Artist is not responsible for shipping delays once the Commissioned Artwork is in possession of the shipping carrier. A tracking number will be sent to the Client.

• Shipping to other countries:

The Artist can usually ship internationally upon request. The Client will be responsible for ALL shipping costs if they are located outside of the United States. This includes, but is not limited to: postage, taxes, duties, and extra fees. These costs will vary depending on your location. The Client must pay the Artist the cost of postage prior to shipment of the Commissioned Artwork.

POSTAL DAMAGE AND LOSS

The Artist takes great care in packaging each Commissioned Artwork to avoid damage during transit. Any damage that takes place during shipping is not the fault of the Artist. All Commissioned Artworks are insured through the provider they are shipped with. The Client may be eligible to receive a full refund for their Commissioned Artwork if it is damaged when received. To be eligible, the Client must take photographs of the condition of the package when they received it, and get in touch with the Artist within 48 hours of delivery. The Artist will then open a case with the shipping provider to receive a refund for the cost of the Commission. If a refund is granted to the Artist, the Artist agrees to give the Client the full refund.

COPYRIGHT AND USE OF ARTWORK

The copyright of the Commissioned Artwork remains with the Artist under all circumstances. The Artist has the right to use the image of the Commissioned Artwork in any circumstance, including advertising (website, print, and social media). The Client may only use the Commissioned Artwork for display or personal enjoyment. The Client may post images of their Commissioned Artwork to social media only if credit is given to the Artist. The Client may not make prints or copies of their Commissioned Artwork without written permission from the Artist. The Client may not profit from their Commissioned Artwork in any way.

DIGITAL IMAGES

Images found on the Artist’s website or sent electronically in any way to the Client may not accurately depict the Commissioned Artwork due to individual screen and color differences. The Artist makes every effort to display each Commissioned Artwork as accurately as they can.

CHANGES TO THESE TERMS OF SERVICE

The Artist reserves the right to make changes to these Terms of Service at any time. The date of the last edit will be displayed at the end of this document.

These Terms of Service were last revised on: April 30, 2025.