Terms and Conditions

Terms and Conditions  

Live wedding painting 

These terms of engagement will be the terms and conditions under which all dealings between iampoppy and the “Client” will be contracted and conducted. The “Client” is defined as the “Client” who has accepted the quote sent by iampoppy Designs and where a deposit has been paid.  

1. 1. FEES AND CHARGES

1 Fees 

In consideration of the services to be performed by iampoppy Designs, the Client shall pay to iampoppy Designs all agreed fees in the amounts and according to the payment schedules proposed. 

$700 nonrefundable retainer to secure the date of the event.  

The remaining balance is to be paid no less than 30 days (about 4 and a half weeks) prior to the event date.  

1.2 Progress Payments 

For events involving travel, a progress payment is required to book travel. This shall be 6 months prior to the event date. Where the event is less than 6 months away, full travel fees will be payable on booking.  

1.3 Event Cancellation 

In the event of the cancellation of an event/wedding by the Client, the Client acknowledges that iampoppy Designs shall keep all retainers. If travel has been booked, the client forfeits all funds used for travel bookings.  

If iampoppy Designs is unable to provide services for the wedding, iampoppy Designs will refund the full amount to the client.  

Exceptions to this are in the event the cancellation is out of the control of iampoppy designs. Such incidences include but are not limited to flight cancellations or delays, traffic delays out of iampoppy Designs control, severe weather events and acts of nature.  

In the event the booked painter is unable to attend, iampoppy Designs reserves the right to use another painter under the iampoppy Designs brand to service the wedding. 

2. PRODUCTION

2.1 Materials 

All materials and production, including framing shall be deemed acceptable if the final product is within the acceptable variations as to kind, quality and price in accordance with the current or standard trade practices identified by the supplier of the services.  

2.2 Final Painting 

The client acknowledges that each painting can vary in design and quality as these are live paintings. The outcome of the painting is deemed acceptable if it covers the moments the client requested and is the correct size and medium the client requested on the information form provided. There are no refunds based on outcome or change of mind. 

2.3 Delivery of goods 

The paintings created by iampoppy Designs will not be delivered on the day of the event. Amendments will be made after the event, and each painting will be added to a queue. Iampoppy Designs reserves the right to amend paintings for up to 90 days (about 3 months) after the event before delivering.  

Once the painting is ready for delivery, the client shall be notified by email.  

Iampoppy Designs uses Australia Post to deliver and takes no responsibility for losses and damage while in the care of Australia Post. If the client would like to have a courier delivery, communication must take place before dispatch and all costs associated with these services are payable by the client before dispatch.  

4. CLIENT RESPONSIBILITIES

4.1 General 

The Client acknowledges that it shall be responsible for performing/providing the following:  

(a) Completing all information forms, sending through any imagery or documents related to the event and the painting, and sending to iampoppy Designs for planning the painting in a timely manner. 

(b) Providing vendor meals, access to power and any furniture needed for the painting on the date of the event. This can be organised through the client directly or through the event planner/venue.  

4.2 No Solicitation 

During the term of this Agreement, and for a period of twelve (12) months after expiration or termination of this agreement, the Client agrees not to solicit, recruit or engage any employee or agent of iampoppy Designs in further work.  

In the event such employment or consultation occurs, the Client agrees that iampoppy Designs shall be entitled to an agency commission to be the greater of, either (a) 25 percent of said person’s payment from the Client, or (b) 25 percent of fees paid to said person if engaged by the Client as an independent contractor.  

In the event of (a) above, payment of the commission will be due within 30 days (about 4 and a half weeks) of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for the Client. Iampoppy Designs, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law. 

5. PROMOTION

5.1 General 

The Client agrees that iampoppy Designs retains the right to reproduce, publish and display any deliverables in promotional materials, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses. 

6. INTELLECTUAL PROPERTY PROVISIONS

6.1 Rights to Deliverables other than Final Art 

Client content shall remain the sole property of the Client or its respective suppliers. The Client hereby grants to iampoppy Designs a non-exclusive, non-transferable license to use, reproduce, modify, display and publish all client content solely in connection with iampoppy Designs’ performance of services and limited promotional uses of the deliverables. 

6.2 Third Party Materials 

The Client acknowledges that all third-party materials are the exclusive property of their respective owners. iampoppy Designs shall inform client of all third-party materials that may be required to perform the services or otherwise integrated into the final art. Under such circumstances iampoppy Designs shall inform Client of any need to license, at the Client’s expense, and unless otherwise provided for by the Client, iampoppy Designs shall obtain the license(s) necessary to permit the Client’s use of the third-party materials consistent with the usage rights granted herein.  

In the event the Client fails to properly secure or otherwise arrange for any necessary licenses or instructs the use of third party art, the Client hereby indemnifies, saves and holds harmless iampoppy Designs from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of client’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the final art. 

6.4 Assignment of Final Art 

Upon completion of the services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, iampoppy Designs retains all rights and title in and to final art. iampoppy Designs hereby assigns an exclusive, non-transferable license. 

6.5 Trademarks 

The Client acknowledges that it shall have sole responsibility for ensuring that any proposed trademarks or final deliverables intended to be a trademark are available for use in commerce and federal registration and do not otherwise infringe the rights of any third party. The Client hereby indemnifies, saves and holds harmless iampoppy Designs from all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client’s use and/or failure to obtain rights to use or use of the trademark. 

7. RELATIONSHIP OF THE PARTIES

7.1 Independent Contractor 

The Client acknowledges that iampoppy Designs is an independent contractor, not an employee of the Client or any company affiliated with the Client. Iampoppy Designs shall provide services under the general direction of the Client, but iampoppy Designs shall determine, in its sole discretion, the manner and means by which the services are accomplished. This agreement does not create a partnership or joint venture and neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. 

7.2 No Exclusivity 

The Client expressly acknowledges that this agreement does not create an exclusive relationship between iampoppy Designs and the Client. The Client is free to engage others to perform services of the same or similar nature to those provided by iampoppy Designs, and iampoppy Designs shall be entitled to offer and provide painting services to others, solicit other clients and otherwise advertise its services. 

7.3 Force Majeure 

The Client acknowledges that iampoppy Designs shall not be in breach of any agreement if it is unable to complete the services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity or any local, state, federal, national or international law, governmental order or regulation or any other event beyond iampoppy’s control (collectively, ‘Force Majeure Event’). 

8. COVID 19 TERMS

8 Cancellation due to Covid – 19.  

If the work cannot be carried out due to COVID 19 restrictions, the client is able to reschedule to another date with no loss of deposit. If the date is unable to be serviced by iampoppy Designs, iampoppy Designs reserves the right to pass the client onto another painter.