Terms of Rentals or Sales

This Terms of Agreement is a sample of the physical agreement that will be presented at the time of purchase.

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Terms of Agreement

When you purchase or rent our products, it implies that you have read and accepted the following Terms and Conditions.

Definitions
“Art” are all original paintings, illustrations, cover art, sketches, or all visual media created by Gregory F. Walton, who paints, sculpts, or designs art as GPapi.

“Services” are consultation and creation of promotional materials using Gregory F. Walton, a.k.a., GPapi artwork, original or modified.

“You” are customer, author, publisher, commissioner or anyone who rents or purchases original or reproduced works of art by Gregory F. Walton, who paints, sculpts, or designs art as Gpapi.

Purchase or License Agreement
You have a limited license to use the original artwork created by Gregory F. Walton in accordance with these Terms of Agreement. This means, if the artwork was purchased as “for offer”, the original artwork belongs to you. If purchased, you may not reproduce, replicate or copy the artwork for any personal or business use, publication, or distribute to any social media channels or platforms.

If the artwork is leased or rented, you may not reproduce, replicate, or copy the artwork for any personal or business use, publication, or distribute to any social media channels or platforms. If the artwork is for rent or lease over a specified term of rental or lease period, the artwork is not for resale duplication or copying and is the property of Gregory F. Walton who works are signed as GPapi.

Deposit or Payment Arrangements
If the artist is paid for a commissioned work, you agree to a 50% deposit payment prior to Gregory F. Walton, a.k.a., GPapi commencing the work, following your approval of the concept art and the fees quoted. The remainder 50% of the fees will be payable upon completion of the artwork.

Warranty
Although Gregory F. Walton has taken reasonable care to ensure that the artwork color qualities are protected with ultra-violet protection and museum quality finishes. Gregory F. Walton gives no warranty of any kind, express or implied, regarding the outcome of uses of these protections and finishes on original works.

Intellectual Property and Copyrights
Gregory F. Walton (aka “GPapi”) is the copyright owner of GPapi.art and GPapiart.com original paintings, art, sculpture and design. The original artworks and their copyrights remain vested in the artist, subject to the terms of this agreement and website. No rights in the artworks, other than those herein licensed, shall be exercised by the renter or lessee of works owned by the owner. You may display the artwork for your personal, non-profit organization or business use. The artwork may not otherwise be reproduced, distributed to any other person, business, non-profit organization or incorporated in any way into another work or material without prior written permission from Gregory F. Walton. Any copy of the artwork must retain all copyright and other proprietary notices contained therein.

Recognition
Gregory F. Walton, a.k.a., GPapi, will appreciate your recognition of our contribution by crediting our work.

Disclaimer of Warranties and Limitation of Liability

Gregory F. Walton, a.k.a., GPapi makes no representations or warranties of any kind, express or implied, of the content and subject matter covered. If you rent or lease artwork from the artist, in case of damage for any reason by any circumstance, you will insure the artwork for its full offered value which is to be paid in full to Gregory F. Walton. You will also not display any painting under neon lighting, as they may degrade the color quality of the artwork.

General Provisions
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified in writing and signed by Gregory F. Walton, a.k.a., GPapi.

This is the entire agreement between Gregory F. Walton, a.k.a., GPapi and you relating to the artwork and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to Gregory F. Walton, a.k.a., GPapi artworks.

Termination
This agreement to display or use the artwork will terminate immediately if you breach this agreement and all property including artwork by Gregory F. Walton, a.k.a., GPapi will be returned to the artist and all monies owed the artist will to be paid in full on demand.

WHEREAS Artist has created or will create a work of art ("the work"):

The Work Title: _____________________

Dimensions: _______________________

Media: Acrylic on Canvas

Year: 20__

WHEREAS the parties want the artist to have certain rights in the future economics and integrity of the work. The parties mutually agree as follows:

SALE OR RENTAL: Artist hereby has created the Work for the Purchaser or Renter at the agreed value of $_________, per (specify length of time.)

COSTS: If the work is commissioned, the Purchase price includes all costs, both direct and indirect, in creating the work and delivering the work to the Purchaser or Renter including purchase of raw materials, paints, canvas, canvas stretchers, model and mold making, casting and patinas, consumables, shop expenses, labor, packaging, shipping, installation and delivery costs. This does not include the initial design work.

PAYMENT: This sale or contract goes into effect upon the Artist receiving ______________________________ Dollars ($_______) which is considered to be the estimated total price of __________________________ dollars, and agree to a 50% deposit payment prior to commissioned work by Gregory F. Walton, a.k.a., GPapi, prior to commencing or releasing the work to the purchaser or renter, following your approval of the concept art and the fees quoted. The remainder 50% of the fees will be payable upon completion of the artwork.

PROGRESS REPORTS: If the Artist is commissioned to create a work of art, the Artist agrees to furnish the Purchaser with progress reports during the creation of the work, which can include pictures of the work in progress. The pictures may be digital images and sent by email. A progress report will be sent upon request by the purchaser, but no more frequently than once a week.

OWNERSHIP: Upon final payment for the Work, the Purchaser becomes the legal owner of the Work with all rights and privileges, with the exceptions noted below.

Whenever the artwork is sold or ownership is transferred to another party or parties, whether publicly or privately transacted, the artist or his/her estate is to be notified about the transfer, new ownership information including all contact information; name, address, telephone numbers and electronic contact information, the purchase amount or appreciated value, that the artist or his/her estate is to receive 10% of the final purchase price in perpetuity and is to be included in any sales agreement or reselling of the original Work.

REPRODUCTION RIGHTS: Artist retains all copyright rights and rights to reproduce the Work in all forms.

NON-DESTRUCTION: Purchaser will not permit any intentional destruction, damage or modification of the work.

RESTORATION: If the Wok is damaged Purchaser will consult Artist before any restoration and must give Artist first opportunity to restore it, if practicable.

NOTICE: The Artist has the right to put his name and the year of completion on the Work in a permanent fashion. Placement and size to be determined by the artist.

EXPIRATION: This contract binds the parties, their heirs and all their successors in interest, and all Purchaser's obligations are attached to the Work and go with ownership of the Work, all for the life of The Artist and Artist's surviving spouse plus 21 years.

ATTORNEY'S FEES: In any proceeding to enforce any part of this contract, the prevailing party shall be entitled to reasonable attorney's fees in addition to any available remedy.

WARRANTY: The Artist is obligated to create the work in a professional and craftsman-like manner. If, within 30 days after the sale is final, the Purchaser is not satisfied with the Work, the Artist will do what he can to fix the problem, and if that's not possible, the purchaser can return the work to the Artist and the final payment will be refunded.

FUTURE RESPONSIBILITY: The Artist is not responsible for changes in the painting due to climate, humidity, moisture, molds, infestation, stains, warping, shrinkage, expansion, corrosion, lighting or any other events that occur to acrylic/oil paintings over time.

ADDITIONS, SUBTRACTIONS AND CORRECTIONS:

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Date:___________________________________

Artist:__________________________________
Renter:_________________________________

Purchaser:______________________________

Terms of Rentals or Sales

Offerings