Due to the unique nature of our business, all sales are final and artwork may not be returned or exchanged under any circumstances.
Purchaser assumes responsibility for all risk of damage or loss during transit by delivery carrier. Upon receipt of an order, Purchaser should carefully inspect the artwork. Purchaser shall furnish the Gallery Coordinator with written notice and reasonable evidence of any claimed defect in the artworks, whether arising from damage during transit or otherwise, promptly upon delivery and in any event no later than two (2) calendar days after delivery. In the event that such notice is not received, the Gallery Coordinator and/or artist shall have no liability for such claimed deficiencies and all risk of loss or damage to artworks shall transfer to Purchaser. In the event of a return for defect or damage, the return must be pre-authorized by the Gallery Coordinator. The Gallery Coordinator will send further instructions to the Purchaser with the authorization. Please keep all original packing materials for return shipment of the artwork.
INTELLECTUAL PROPERTY ARTIST RIGHTS:
Artist retains all intellectual property, design, and moral rights to all of the artwork, all preparatory drawings, sketches, studies or models of the artwork, including without limitation the copyright. Specifically name, likeness, signature, preparatory drawings, sketches, photos, digital mock ups, mood boards, designs and photographic or facsimile images of the artwork, and the artwork, and all copyrights, trademarks, service marks, logos and other images related to Artist or the artwork, and any derivative of the same, and any right to commercially exploit the same shall be the exclusive property of Artist. Artists may apply to register any mark or copyright which depicts, is derived from, represents, duplicates or is related to Artist or the artwork, in any country, state, or province. In addition, without limiting the generality of the foregoing, the artist reserves the right to use images of the artwork in a portfolio of works, digital or print, or in displays or other showings of works without limitation or compensation of any kind.
Unless notice is submitted in writing to Artist otherwise, Purchaser gives Artist permission to use the Purchaser's name as well as any pictures or photographs of the Artwork before, during, or after installation of the Artwork, in all forms and media now known or hereafter created and in all manners, including but not limited to exhibition, display, advertising, trade and editorial uses, without violation of the Purchaser's rights of privacy or any other personal or proprietary rights the Purchaser may possess in connection with production and sale of the Artwork.
Purchaser shall defend, indemnify and hold Artist harmless from and against any and all damages, costs, judgments, penalties and expenses of any kind, including reasonable outside legal fees and disbursements resulting from any third party claim (collectively "Losses"), that may arise out of or result from the breach of this Agreement, or the acts or omissions of Purchaser or its employees or agents.
This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
Nothing herein contained shall constitute a partnership or a joint venture between Artist and Purchaser. Neither Artist nor Purchaser hereto shall hold itself out contrary to the terms of this paragraph, and neither Artist nor Purchaser shall become liable for any representation, act or omission of the other contrary to the provisions hereof.