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LEGAL CONTRACT AND RELEASE OF LIABILITY

This is a legal agreement between prospective clients from hereon collectively referred to as the “Client” and Diana Luckysova Konrad referred to as “The Artist”. By purchasing a product or a service from this site the Client acknowledges and agrees to the following terms:

Liability:

By purchasing the services or products from this website You agree to indemnify The Artist, Her employees, representatives and affiliates from any prejudice of law and wave any liability claims for personal injury, loss of property or material damaged due to, but not limited to: fires from photography equipment, tripping on wires, personal injury due to handling of artwork, injury to Client’s children and pets. The Client takes full responsibility for their own safety and safety of their children and personal property.

Material Toxicity and Precautions

The Artist shall not be held responsible for any toxicity currently associated or discovered in the future with the use of sculpting or painting mediums purchased from department stores in USA and abroad. 

Caution must be exercised with sanding and heating of any artwork as the dust and fumes caused by heating are harmful. Please do not modify the artwork in any way, and keep the paints, solvents, glass and any other art parts away from food, small children and pets.

As of 2019, according to manufacturers of Bondo 3M the fully cured epoxy putty kept in temperatures below 180F is inert (long term official studies are not provided and, as a precaution, the Artist recommends not to store sculptures made out of Bondo indoors if the temperatures rise above ambient, or 115F); Magic Sculpt Epoxy Clay is considered non toxic in both uncured and cured state; manufacturers of oil paints Windsor & Newton and Golden show a long history of producing and testing non toxic materials. All art materials are toxic if ingested. The Client may refer to the aforementioned links to read more about safety data of any specific material.

IMPORTANT! Sculptures made from Bondo 3M materials SHOULD NOT BE HEATED ABOVE 180F, as they will melt and off-gas harmful fumes. As a precaution they should not be stored indoors at temperatures above 115F or next to heat sources. Artist shall not be responsible for any unauthorized tampering with the artwork, accidental ingestion of paints, dust or medium by-products, or any lawsuits associated with the manufacturers of any mediums used in the making of the artworks. To the Artist’s best knowledge, as of 2019, according to manufacturers, ALL CURED MATERIALS STORED AT ROOM TEMPERATURE ARE CONSIDERED NON TOXIC AND SAFE FOR INDOOR USE.

Payments:

100% payment is due prior to the start of the artwork or photographic service, unless otherwise agreed upon. All payments are due upon completion and prior to delivery. Acceptable form of payment is cash, PayPal and credit card.

Refunds:

A full refund minus any transaction fees encountered will be issued on cancellations with advance notice as long as the artwork has not begun. There will be no refunds on deposits for a started art or finished art project. Project updates will be sent prior to delivery to ensure Client’s satisfaction.

In an unlikely event an artwork gets damaged during shipping, an insurance claim will be filed on Client’s behalf with the shipping carrier. A restoration is also possible at an additional cost.

In case of lost photographs a partial or full refund will be issued depending on the amount of lost images. Alternatively another photo session may be offered at no cost.

If for any reason the painting or sculpture cannot be completed due to sickness, life events, or other force major a full refund will be issued.

Reference Photos and Videos

Whenever possible a personal photo session will be scheduled to gather reference photos and videos. If such a session is not possible the Client will receive detailed instructions for the completion of their own reference images. The Client is responsible to deliver all necessary good quality materials for the project to be complete. The Artist cannot guarantee 100% resemblance from 3d party images.

Completion Times

Oil paintings can be completed within 6 weeks, but may take up to 8 months depending on a size and complexity. Drying times will vary and some paintings take a full year to dry completely. Normally a painting with thin layers will be dry to the touch within a week. Not fully cured paintings should be handled with extra care.

Sculptures may take anywhere from 2 months to a year depending on size and complexity of the artwork.

Photographs may take anywhere from 2 business days to 2 weeks, depending on the amount of editing necessary.

Locations:

Photography can be scheduled in San Diego or at the Artist’s Home Studio located in Playas De Tijuana, Mexico. Free delivery will be offered between North San Diego County and Ensenada, Mexico. If your location is hard to reach or beyond the limits of the service area, a shipment will be arranged based on local USPS rates.

Copyright

The Artist retains all rights to the photos She makes. The Client may request for their photos to not be displayed publicly for advertising purposes and such request may be granted if a photo contains nudity or otherwise could cause privacy issues. All Clients will receive the Photography Release for printing and sharing purposes. No image produced by the Artist shall ever be sold for profit or used in advertising of a product or service without Her explicit consent and/or purchased commercial license.

Artist reserves all exclusive editing rights to the photographic media as a part of service or images of the 3d artworks. No extensive editing shall be done by the Client on final images without the Artist’s written permission.

Privacy

Your financial information is not collected or stored on this site. Your personal details, such as mailing address, phone, and email are collected for communication and delivery purposes. NO INFORMATION will ever be shared with any third party without Your permission. Occasionally you may receive a Coupon or an announcement (no more than a few times per year). You may unsubscribe at any time.

By purchasing a service or a product on this website You AGREE to indemnify The Artist – Diana Luckysova Konrad and Her employees, representatives or affiliates from any lawsuit. This means The Artist shall not be held liable for any property loss, injury or death.

BY BOOKING YOUR SERVICES OR PURCHASING A PRODUCT THROUGH THIS WEBSITE YOU ACKNOWLEDGE TO UNDERSTAND AND AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS AND THUS ENTER INTO THE LEGAL CONTRACT PROTECTED BY THE STATE LAW OF CALIFORNIA.