F L O R A G R A P H I C A
TERMS AND CONDITIONS
Please read this legal agreement before using our services.
Please read this legal agreement before using our services. By commissioning Floragraphica you agree to the following terms and conditions.
Note: Floragraphica is the business name of the artist, Elise Catterall and all terms refer to both the business operations and the artist. The name ‘Floragraphica’ and the term ‘the Artist’ are used interchangeably.
Artwork will be created based on photography of the supplied floral arrangement. All artwork will be created using a combination of digital photography and processing with Adobe Photoshop. The final artwork will be output as a fine art giclée print on archival quality 300+gsm 100% cotton rag paper at the agreed size dimensions. Framing can be arranged at an additional cost as per client specifications (based on frame material, size and choice of border).
After photography and editing, the client will be presented with a proof set consisting of approximately 8 images. The client will choose the image to be committed to print from this selection, along with the required size/dimensions.
The artist shall commence work upon the date of receiving the flowers (ideally the day after the wedding/event) and shall complete work, including all phases under this agreement within 10 weeks of the commencement date, if not before. Such time for completion may be extended by the joint agreement of the client and the artist.
If there is any client-related delay in Floragraphica receiving the flowers, the artist will not be held liable for the condition the flowers are in when photographed. Further, if the flowers have perished in anyway, resulting in fewer quality images captured, the artist will not be held liable. The artist will do the best they can with the flowers they receive.
PROJECT PRICE AND PAYMENT TERMS
The project price is based upon an agreed price for the entire project and will depend on the size of the completed artwork and any framing requirements.
Payment schedule is as follows:
Stage 1: Commissioning fee - $99 required upon booking to secure the date and cover collection of the flowers.
Stage 2: Proof fee – $199 required to view proof gallery.
Stage 3: Completion fee – remaining balance required on completion of printing (and framing if relevant), prior to delivery (or as negotiated).
At each stage an invoice can be provided to the client, if required.
All payments, unless otherwise negotiated, are to be paid by direct debit to:
National Australia Bank
Account name: Elise Catterall
BSB: 082 080
Account number: 77 247 2876
A receipt will be issued on confirmation of deposited funds.
Certain revisions (e.g. choice of image from proofs or relating to dimension/crop or orientation) are allowed prior to the image being committed to print. Once the image is committed to print, no changes can be made.
OWNERSHIP OF ARTWORK/FILES
Until final and full payment has been made, Floragraphica retains ownership of all original artwork, whether preliminary or final. Upon final and full payment, the client shall obtain ownership, to use as they see fit, of the final primary artwork only. Floragraphica retains the right to use representations of the completed primary artwork and any preliminary versions for competitions, educational purposes, marketing materials and/or portfolio. In this instance, and where applicable, the client will be given any necessary credit for usage of the project elements. The digital negative (original file) remains the property of Floragraphica, however it will not be reproduced at size (A3 or above) except for the client’s project or subsequent reprints, or with the client’s permission. This ensures the artwork is truly unique.
All other images from the proofs or project - other than the printed artwork/s - remain the property of Floragraphica and may be used at the discretion of the artist, including (but not limited to) commercial, retail or collaborative use.
Under no circumstances are the proof photographs (or the completed artwork) to be copied, reproduced, resold or published in any media without permission, including providing them for download over the internet. Should you share images of your artwork on social media, please credit Floragraphica as appropriate.
DISTRIBUTION TO OTHER INVESTED PARTIES
The artist may provide digital imagery and/or a single printed image from the proof gallery to other invested parties, for example (and most commonly) the client’s florist for use in their portfolio. Approval will be sought from the client prior to doing so.
PRODUCTION SCHEDULE/DELIVERY OF PROJECT
The artwork fee includes collection of the floral arrangement and delivery of the final artwork within the Sydney metro area. Outside of the Sydney metro area, collection can be arranged by courier with fees payable by the client. A price estimate will be provided for approval.
An approximate production schedule is as follows:
We take receipt of the flowers as soon as possible after the wedding
After receiving the flowers, depending on their condition, they are photographed for 3-5 days
The images are edited over the next two weeks
At approximately the 3 week mark, a proof gallery is ready for viewing
Once the image to be printed is chosen and a size confirmed, it is sent to be printed, which can take up to 10 days
If framing is being arranged, this step can add on another 10 days
As soon as the artworks (framed or unframed) are completed, delivery will be arranged at the earliest possible opportunity
The artist shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the artist. If such event(s) occur, the artist shall notify the client of such delay where possible, and the artist will be entitled to extend the completion/delivery date, by the time equivalent to the period of such delay.
Outside of the Sydney metro area, delivery can be arranged and a price estimate will be provided for approval before delivery.
PROOFS AND SELECTION OF FINAL IMAGE
The artistic execution of the photography and post production and the determination of images delivered to you as proofs are at the discretion of Floragraphica. The provided images shall be of a style and quality generally similar to photographs visible on the Floragraphica website.
It is agreed that it is the client’s responsibility to ensure that they are happy with the final image prior to the artwork going to print. It is agreed that the artist is not responsible or held liable for any change in mind regarding the final artwork after it has been committed to print.
In the event of cancellation of the project by the client, or in the event of default of progress payments, ownership of all copyrights and the original artwork shall be retained by Floragraphica, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.
Orders cancelled prior to the collection date – booking fee is retained but no further penalty
Orders cancelled between collection date and delivery of proofs incur a cancellation fee of $225.
After an image has been selected from the proofs, the order cannot be cancelled and full payment is required.
Due to the personalised nature of the artworks, all sales are final and cannot be returned.
All verbal and written agreements, and all correspondence and documentation provided will be treated as confidential between the client and the artist, unless consent has been granted by both parties involved. We will not share your details with a third party without consent and we will also only reference you on social media with your consent.
The artist warrants that the completed artwork will be fit and suitable for use in the manner for which it is to be created, but this warranty is conditioned upon the client’s compliance with provisions relating to the installation and maintenance, including due care in handling, framing and hanging.
Promotional discounts are non-cumulative, e.g., the 10% social media discount will not be added to an expo special. If the client participates in more than one promotional activity, Floragraphica will apply the greatest single discount to the order.
Any promotional discounts will be issued and honoured at the sole discretion of Floragraphica.
It is the client’s responsibility the check to the artwork carefully for any damage that might have been caused during transport and lodge any claims to Floragraphica or with the transport company if delivered by a 3rd party immediately. Failure to lodge a claim within the five (5) days shall constitute irrevocable acceptance of the product as received.
Flowers are natural products and are perishable. For this reason and as we deconstruct the bouquet as part of the photographic process, we do not return the bouquet or elements of it. Further, some slight imperfections may be present in the depictions of the flower/s, eg, age spots, blemishes, colour variation.
The cotton rag paper we use is archival quality and rated to last upwards of 75 years if kept in optimal conditions. To ensure this, avoid excessive U.V light and humid/damp areas when considering a place to hang your artwork and hang only on an internal wall.